Labor Law Synopses
Davis-Bacon Act (DBA). The Davis-Bacon Act is applicable to contracts in excess of $2,000 for construction, alteration or repair, including painting and decorating, of public buildings and public works to which the federal government or District of Columbia is a party. The DBA requires (in part):
- Payment of no less than wages (including fringe benefits) prevailing in the locality on projects of a similar character as determined by the DOL.
- Payment of wages not less often than once per week.
- Posting of the applicable wage decision at the job site.
- Other statutes (Davis-Bacon Related Acts, aka DBRA) contain provisions that impose Davis-Bacon wage requirements on projects/contracts that are funded or assisted (rather than contracted for directly) by federal agencies or the District of Columbia. HUD program legislation frequently contains such provisions and are, therefore, Davis-Bacon Related Acts.
Copeland (anti-kickback) Act (CA). The Copeland Act is applicable to contracts/projects subject to Davis-Bacon wage requirements. The CA (in part):
- Regulates deductions that may be taken from employee earnings.
- Requires the certification, submission and retention of weekly payroll reports.
- Prohibits “kickbacks” from employee earnings.
- The anti-kickback prohibition is not applicable where the nature of federal assistance is only insurance or a loan guarantee. All programs implemented by LCAs are subject to the anti-kickback provision of the CA.
Contract Work Hours and Safety Standards Act (CWHSSA). The Contract Work Hours and Safety Standards Act is applicable to prime contracts valued in excess of $100,000. Any contracts subordinate to a covered prime contract are likewise covered. CWHSSA (in part):
- Mandates premium pay (time and one half on base wages, plus any fringe benefits) for all hours worked on the site of the covered work in excess of 40 hours per week.
- Requires premium overtime pay only when all hours considered under CWHSSA overtime requirements – 40 hours plus additional (O/T) hours – are performed on CWHSSA-covered site(s) of work.
- Includes watchmen and guards in the classes of workers entitled to premium overtime pay requirements.
- Imposes liquidated damages at the rate of $10 per day/violation -any instance where an employee works in excess of 40 hours per week on a daily basis, In addition to full wage compensation.
- Is not applicable to projects/contracts where the nature of federal assistance is only insurance or a loan guarantee. All programs implemented by LCAs are subject to the overtime provisions of CWHSSA.
Consulting Services We Provide
- Review public works preconstruction contracts
- Monitor DIR contractor/subcontractor certified payrolls
- Audit labor classification for each worker employed
- Review DIR pre-DAS 140/142 submissions
- Review CAC training fund contributions form CAC-2
- Review DIR Fringe Benefits Statement PW-26
- Monitor DIR wage determinations
- Audit fringe benefits allowances
- Review DIR holiday payment requirements
- Audit DIR travel & subsistence requirements
- Caltrans Labor Compliance
- County of Sacramento Labor Compliance
- City of Los Angeles Labor Compliance
- Los Angeles Unified School District Labor Compliance
- Federal Davis-Bacon Project Monitoring
- Federal DBE Implementation & Review
- Federal FAA AIP Goal Setting
- DIR & Davis-Bacon Training
- DIR Civil Wage Penalty Review
- Local-Hire Review (e.g., San Francisco)
- Skilled and Trained Workforce
Give us a call to discuss your labor compliance requirements.
This email is intended for general information purposes only and should not be construed as legal advice
or legal opinions on any specific facts or circumstances.