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mardi 18 septembre 2018

What Prevailing Wage Contractors Need To Know To Be Compliant

By Robert Green


Bidding on government contracts can be a hassle, but there is a lot of money to be made if you win one. You'll have the edge on the next project if you come in on time, on budget, and are compliant with the Davis-Bacon Act. If you won the bid on a project with a cost projection in excess of two thousand dollars, the laborers you hire have to be paid wages that are commensurate with the wages other workers are receiving in the same area of the country. It's mandatory that prevailing wage contractors follow the guidelines of the Davis-Bacon Act exactly.

The Davis-Bacon Act says the wages you pay employees, for work on the site, must be at least as much as they would make if a contractor working in the private sector had hired them. The contract you sign will have a list of rates for laborers and labor standards clauses for you to follow. If you have apprentices or trainees working for you, who are registered for programs with the Department of Labor, you can pay them less than the prevailing wage.

Laborers must receive weekly pay checks, and the contracting agency must receive weekly payroll reports. If you are awarded a prime contract, which is one where the cost exceeds one hundred fifty thousand dollars, you need to pay workers time and a half for all hours they work beyond the regular weekly forty hours. If you fail to follow these regulations, there may be complaints lodged against you and registered with the Department of Labor's Wage and Hour Division.

A poster outlining employee rights must be posted on site in a conspicuous place. A pay determinations list must also be posted. Contractors are required to maintain payroll records for their employees for the term of the contract and for a period of three years after the contract. Contractors are required to keep specific information in the records.

The contractor must have the name, address, and Social Security number of each covered employee. The records must include the laborer's job description, pay rate, and contributions to fringe benefits. The number of hours worked each day and week is required.

All the money deducted from weekly pay checks must be itemized. Detailed information regarding fringe benefit plans and programs must be included. If you hire trainees or apprentices, the program registration information has to be part of their records.

During the course of the contract, the contracting agent must receive a weekly payroll report with all the required information included. For these reports, the contractor does not have to provide the Social Security number or home address, but must include the four digit identifying number. The report must be signed by the contractor, or authorized representative, and submitted within a week of the payroll period being reported.

There are significant penalties if the Davis-Bacon Law is violated. Contractors can be debarred from contracts for up to three years. Payments due may be withheld until such time as all delinquent payroll payments and penalties have been satisfied.




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