Davis Bacon Related Acts
Resources for Nevada prevailing wage contractors
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!
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What is the Davis-Bacon Act?
The Davis-Bacon Act, which was signed into law by President Herbert Hoover in 1931, was sponsored by the Republican Senator James J. Davis from Pennsylvania and Representative Robert L. Bacon from New York. The setting of a minimum prevailing wage was a response to competition from foreign low-wage laborers.
Is there a Nevada Prevailing Wage Law?
Under the provisions of this law, wages are defined as the basic hourly rate of pay, and the amount of bona fide fringe benefits. Bona fide fringe benefits include pension, vacation and holiday pay, health and welfare, cost of apprenticeship training and other programs, and other bona fide benefits to the worker.
Prevailing wage contractors and issues in the state of Nevada are under the jurisdiction of the Office of Labor Commissioner, Department of Business and Industry. They also have jurisdiction over the enforcement of private wage law, particular apprenticeship programs, and employment agencies.
How are prevailing wage determinations established in Nevada?
The prevailing wage is set as 90% of the wage rate on projects as determined by school districts and the Nevada System of Education. Wage rate, if the same for more than half of the hours worked according to the survey of the Labor Commissioner, will be considered the prevailing wage. If it cannot be determined, the prevailing wage will stand as the average rate paid per hour based on the number of hours worked.
Does the Nevada Prevailing Wage Law apply to all public works projects?
Are there any regulations on prevailing wage for work on overtime hours, weekends and holidays, and different shifts?
Prevailing wage law in the state of Nevada does not establish different wage rates per work classification for work on weekends, on legal holidays, and on different shifts worked. However, an exception would be operator engineers. They should be paid a wage rate depending on their shift, with rates established by the CBA.
Are there regulations on training and apprenticeship in the state of Nevada?
For training contribution, the wage law includes training, health and welfare, pension, insurance, and any benefits that the employer provides. These contributions vary per trade classification. In terms of regulation on apprenticeship rates, there are two main requirements.
Firstly, the apprentice should be employed under a bona fide apprentice program. Secondly, this program should be registered with the Nevada State Apprenticeship Counsel. The prevailing wage for apprenticeship is determined by the apprentice agreement.
How are fringe benefits discussed under Nevada Prevailing Wage Law?
Does prevailing wage law cover travel and subsistence pay?
You can access the zone rate tables through here.
Should contractors be licensed in the state of Nevada?
All contractors are required to have a license in their trade according to the Nevada State Contractor Board, which grants the licenses.
To obtain a license, contractors should pass a background check and should have at least four years of experience in the trade.
You can access the licensing forms here.
What are the possible penalties for failure to comply?
Note that the Department of Labor maintains a Disqualification List (debarment).
Who is responsible for the enforcement of compliance?
BE KNOWLEDGEABLE WITH NEVADA PREVAILING WAGE LAWS WITH HELP FROM ARCHER JORDAN
Failing to comply with the provisions listed in the prevailing wage law counts as a misdemeanor. Offenders, i.e. prevailing wage contractors, may be required to correct the difference between the actual wage paid and the set wage. An administrative fine to shoulder the investigation will also be imposed.
Avoiding these complications should be the priority of prevailing wage contractors and subcontractors when conducting business with the government. With ARCHER JORDAN, compliance with prevailing wage laws and fringe benefits requirements is easier. As a third party administrator of fringe benefits, ARCHER JORDAN can help you protect your business and your employees.
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