Davis Bacon Related Acts

No. Work performed on federally-funded projects is not affected by the repeal of the state law. These public works projects are covered by the Davis-Bacon and Related Acts.

New requirements were added for public works project contractors after the repeal. These requirements include:

• Contractors cannot pay employees in cash
• Contractors are required to E-Verify each employee on a projec
• Tier 1 (General or Prime) Contractors need to contribute at least 15% of the contract price in work, materials, services or any combination of the above
• Contractors can be required to have a drug testing program
• Contractors need to maintain general liability insurance as required

Suspected violations of requirements regarding the contributions of a Tier 1 contractor, or regarding the payment of employees in cash, cannot be lawfully investigated or enforced by the Indiana Department of Labor. Instead, these concerns are directed to the awarding government agency.
Suspected violations are directed to the awarding government agency. The Department of Labor in Indiana is not vested with authority to investigate cases involving failure to e-verify employees on a federal project.
Complaints for failure to comply with Indiana Prevailing Wage Law or Common Construction Wage on contracts awarded before the repeal will still be accepted by the Indiana Department of Labor. The Common Construction Wage Complaint Form can be found here.
A public agency with any suspicion of misclassification of one or more workers in a public works project can request in writing an investigation by the Indiana Department of Workforce Development.

Certifying that contractors are in compliance with federal or state wage and hour laws does not fall under the Indiana Department of Labor. Contractors and subcontractors who seek certification can consult with legal advisors.