davis-bacon law act

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DBRA © Gary Wheeler, The Virtual HR Director, LLC 1 Davis-Bacon and Related Acts Under the American Recovery and Reinvestment Act of 2009 “ARRA”

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

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Page 1: Davis-Bacon Law Act

DBRA © Gary Wheeler, The Virtual HR Director, LLC 1

Davis-Bacon and Related Acts

Under the American Recovery and Reinvestment Act of 2009

“ARRA”

Page 2: Davis-Bacon Law Act

DBRA © Gary Wheeler, The Virtual HR Director, LLC 2

Davis-Bacon Act Objectives

Review Original Act

Summarize Changes

Page 3: Davis-Bacon Law Act

DBRA © Gary Wheeler, The Virtual HR Director, LLC 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 provisions

Page 4: Davis-Bacon Law Act

DBRA © Gary Wheeler, The Virtual HR Director, LLC 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)

Page 5: Davis-Bacon Law Act

DBRA © Gary Wheeler, The Virtual HR Director, LLC 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 $2,000

Page 6: Davis-Bacon Law Act

DBRA © Gary Wheeler, The Virtual HR Director, LLC 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 records

Page 7: Davis-Bacon Law Act

DBRA © Gary Wheeler, The Virtual HR Director, LLC 7

Employer Responsibilities

Pay overtime to employees if the prime contract is over $100,000

Post the Davis-Bacon wage determination poster at work-site

Page 8: Davis-Bacon Law Act

DBRA © Gary Wheeler, The Virtual HR Director, LLC 8

What are the “Related Acts”?

Federal – Aid Highway Acts Housing and Community Development Act Federal Water Pollution Control Act Plus 57 Other Acts!

Page 9: Davis-Bacon Law Act

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 Act

DBRA © Gary Wheeler, The Virtual HR Director, LLC 9

Page 10: Davis-Bacon Law Act

DBRA © Gary Wheeler, The Virtual HR Director, LLC 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 Division

Page 11: Davis-Bacon Law Act

DBRA © Gary Wheeler, The Virtual HR Director, LLC 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?

Page 12: Davis-Bacon Law Act

DBRA © Gary Wheeler, The Virtual HR Director, LLC 12

Davis-Bacon Act Information

For additional information go to:

http://wagehour.dol.gov

[email protected] http://www.thevirtualhrdirector.com