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NORTH DAKOTA PREVAILING WAGE

FREQUENTLY ASKED QUESTIONS ON STATE PREVAILING WAGE

Whether you are just starting out as a prevailing wage contractor or just looking to keep yourself updated, we have compiled these resources about state prevailing wage. Here are the most common questions of prevailing wage contractors and workers to help expand your knowledge!

The state of North Dakota does not have its own state laws on prevailing wage, and is a Davis-Bacon state. The Davis-Bacon Act governs its prevailing wage contractors and workers.

Read on below for the commonly asked questions and clarifications by government contractors like you.

Where can I find current Prevailing Wage rates for North Dakota?
Prevailing wage rates for North Dakota and all its Davis-Bacon Wage Determinations can be found in this site. You must refer to your bid specifications to ensure that you are following the correct prevailing wage determination.
Where can subcontractors file for their paperwork for their North Dakota prevailing wage projects?
Paper works of subcontractors should be filed to the General Contractor of the North Dakota Prevailing Wage job. The General Contractor in turn should submit the documents to the North Dakota contracting agency.
Are there any filing requirements for North Dakota Prevailing Wage projects?
Contractors working for government projects in North Dakota must submit certified payroll reports on a weekly basis. Some contracting agencies however may require some additional paper works, so it is prudent to discuss with your client if there are other requirements.
Are there rules governing apprentices in North Dakota public works projects?
For Davis-Bacon projects in North Dakota, there is no requirement for a general training fund, for a request of apprentices, or a state mandates apprenticeship regulation. If the contractor is affiliated with a specific apprenticeship committee, the contractor must abide by the committee’s regulations on apprenticeship and he/she must contribute to the committee’s training fund. Wages for apprentices under Davis-Bacon projects are set by specific apprenticeship committees, and is not dictated by the wage decision.
Are there things that I should know about while I wait for my Special Prevailing Wage Determination for my Davis-Bacon project in North Dakota?
It is important to remember that you must pay no less than the benefit and wage rates listed in the general Davis-Bacon wage decision for the lowest specialized trade or occupation that is nearest to your actual trade. In the event that you have already paid lower than your special prevailing wage determination when it finally arrives, you have to adjust your workers’ payroll accordingly.
How can I request for a Special Prevailing Wage Determination for my government project in North Dakota?

You can request for your special prevailing wage determinations at the Wage and Hour Division, and must be filed by either the officer, or the North Dakota Contracting Agency. The Davis-Bacon and Related Act has provisions that establishes an enforceable benefit rate and wage for unlisted classifications.

A Standard Form 308 (SF-308) “Request for Determination and Response to Request” should be used by the agency (normally federal) to request the Wage Determination for your North Dakota project. Please send the completed SF-308 to: U.S. Department of Labor, Employment Standards Administration, Wage and Hour Division, Branch of Construction Wage Determinations, Washington, D.C. 20210.

Project decisions are effective for 180 days and are only applicable to the project it was applied for. The decision will be void is not used in the specified period, and you, the contractor, must submit a Request for Authorization of Additional Classification and Rate.

Will there be increases or special determinations that may affect my Davis-Bacon project in North Dakota?

Prevailing wages set by the Davis-Bacon rules and regulations are good during the lifespan of the public works project, and do not have pre-determined increases. However, special determinations can be requested on a per project basis. The process to request for special determinations takes at least 30 days. The requested special determinations are specific only to a specific prevailing wage job, and may include pre-determined increases.

How can I get my Davis-Bacon Wage Determinations for my North Dakota Davis-Bacon project?
It is required by law that the wage determinations based on the DBRA be indicated in your bid documents. You must contact your contracting agency if no wage decision is included in the bidding documents.
How do I get the Wage Decisions for my Davis-Bacon project in North Dakota?
The federal government’s Department of Labor is in charge of the determination of the Prevailing Wage decisions. The rate is determined through the following factors: the hourly rate paid on public projects to a majority of wage workers, the modal rate paid to the most number of workers, and on the workers who are located within the locality.
How is Davis-Bacon compliance enforced and audited in North Dakota?
Compliance with the Davis Bacon and Related Acts is audited and enforced by the contracting agency. The contracting agency is also in charge of the payroll records audit. Inspectors are hired to perform on-site checks and interviews. If there are any errors and unmet requirements found during the investigation, the DOL may intercede for further investigation and enforcement.
Who is in charged for Davis-Bacon compliance in North Dakota?
The contracting agency is responsible for enforcing DBRA compliance for your Davis-Bacon project. Any problems and issues can be sent to the Department of Labor’s Wage and Hour Division to investigate if the contractor refuses to comply.
Does North Dakota have its own state Prevailing Wage law?
North Dakota is a Davis-Bacon state, and does not have its own state Prevailing Wage laws. All public works projects are under the jurisdiction of the Davis-Bacon Act, and are governed by the Department of Labor.

WORK WITH ARCHER JORDAN FOR YOUR PUBLIC WORKS PROJECTS IN NORTH DAKOTA.

ARCHER JORDAN is a team of benefits and prevailing wage experts, who will help you navigate through the complicated regulations of the Davis-Bacon Act. We will help you ensure that you are compliant with the federal law’s requirements on prevailing wage. You can be rest assured that you are covered in your public works projects, and you can focus on getting the project done.