Davis-Bacon Law Act

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Updated in 2009, learn the details of the Davis-Bacon Act

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Davis-Bacon Law Act

  1. 1. Davis-Bacon and Related Acts Under the American Recovery and Reinvestment Act of 2009 “ARRA”DBRA © Gary Wheeler, The Virtual HR Director, LLC 1
  2. 2. Davis-Bacon Act Objectives Review Original Act Summarize ChangesDBRA © Gary Wheeler, The Virtual HR Director, LLC 2
  3. 3. ARRA 2009 Effective February 2009 Economic stimulus package intended to provide a “jump start” to the U.S. economy in wake of the economic downturn Worth about $787 billion Includes federal tax cuts, expansion of unemployment benefits, and other provisionsDBRA © Gary Wheeler, The Virtual HR Director, LLC 3
  4. 4. Davis-Bacon Act Originally passed in 1931 under the Herbert Hoover Administration Initiated to ensure fair treatment of workers during the Depression Named after sponsors of the bill  James Davis (Senator – PA)  Robert Bacon (Representative- NY)DBRA © Gary Wheeler, The Virtual HR Director, LLC 4
  5. 5. Who is covered? Applies to all businesses who:  Employ Contractors and Subcontractors  Perform work on federal construction OR federally assisted contracts in excess of $2,000DBRA © Gary Wheeler, The Virtual HR Director, LLC 5
  6. 6. Employer Responsibilities Pay laborers and mechanics not less than the prevailing wage rates and benefits in the area Pay employees weekly and submit weekly payroll recordsDBRA © Gary Wheeler, The Virtual HR Director, LLC 6
  7. 7. Employer Responsibilities Pay overtime to employees if the prime contract is over $100,000 Post the Davis-Bacon wage determination poster at work-siteDBRA © Gary Wheeler, The Virtual HR Director, LLC 7
  8. 8. What are the “Related Acts”? Federal – Aid Highway Acts Housing and Community Development Act Federal Water Pollution Control Act Plus 57 Other Acts!DBRA © Gary Wheeler, The Virtual HR Director, LLC 8
  9. 9. New in 2009 Effective January 2009 If Federal Agencies are contracting for business using ARRA Funds:  Ensure that all bids and resulting contracts contain Davis-Bacon Labor standards and wage determinations  Workers must be paid at least the prevailing wage as determined by the Davis-Bacon ActDBRA © Gary Wheeler, The Virtual HR Director, LLC 9
  10. 10. Best Practices• Post the Davis-Bacon wage determination poster at work-site• Know what the prevailing wage rates and benefits are in your area / geography. If in doubt, check with the Wage and Hour DivisionDBRA © Gary Wheeler, The Virtual HR Director, LLC 10
  11. 11. Food For Thought The Davis-Bacon Act was suspended during Katrina (with little negative impact) and then reinstated 3 years later. With major disasters happening almost daily, what does this mean for the future of this act?DBRA © Gary Wheeler, The Virtual HR Director, LLC 11
  12. 12. Davis-Bacon Act Information For additional information go to: http://wagehour.dol.gov gary@thevirtualhrdirector.com http://www.thevirtualhrdirector.comDBRA © Gary Wheeler, The Virtual HR Director, LLC 12

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