Davis Bacon Act Resources for Virginia Prevailing Wage Contractors

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The state of Virginia does not have a prevailing wage law. Instead, the public works projects contracted by state agencies and offices fall under the federal Davis-Bacon Act, and governed by the US Department of Labor. As a Davis-Bacon state, there are certain regulations and practices contractors must follow. Compliance with prevailing wage requirements is a good way to ensure the success of your business relationship with the state. Click below for detailed information regarding Prevailing Wage law in Virginia.

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Calculating Virginia Prevailing Wage

Obtaining Rates may be complex, but the math is simple

$_____ / hr fringe + $______ / hr cash = $________ minimum prevailing wage

To find specific wage rates or obtain wage determinations for your contracts visit
www.sam.gov

What you Need to Know about Fringe

Fringe dollars may be counted towards meeting the minimum prevailing wage requirement. For example, let’s say the prevailing wage for a certain worker is $27/hour. You may pay them $17.00/hour in cash and $10.00/hour in fringe benefits. Why not simply pay the employee $27/hour in cash? Because that $27 is subject to payroll taxes such as FICA, FUTA, state unemployment and workers comp. Leverage fringe benefits and you are only getting taxed on $17.00/hour. You are also investing in keeping your workforce healthy and prepared for the future.

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How do I know the current Davis-Bacon prevailing wage determinations for Virginia?

Wage determinations in Virginia are determined based on the hourly rate paid to a majority of public works projects workers engaged in a type of classification/trade, located within the locality or nearest labor market area.

The current Davis-Bacon prevailing wage determinations for Virginia can be found listed online here. Wage determinations are applicable only when they have been incorporated by the contracting officer in that contract action. The contracting Virginia awarding body or agency should include the wage decisions within the bid documents. Contact the contracting agency or awarding body if the wage decisions were not included.
It is important to always refer to the bid spec to guarantee that you are using the appropriate wage determination for the prevailing wage job. The wage determination currently published might be different from the determination you should use for your job.

Are there any increases or special determinations for general wage decisions?

General wage determinations have no pre-determined increases. These determinations are applicable for the entire duration of the project.

However, the awarding body can request special determinations on a per project basis. These special determinations are specific to the job and may contain pre-determined increases.

How do I request for a Special Prevailing Wage Determination for a project?

The DBRA provisions contain a conformance procedure. This outlines an enforceable benefit and wage rate for missing or unlisted classifications. Contractors can request a Special Prevailing Wage Determination from the contracting agency or officer by submitting form SF1444, or “Request for Authorization of Additional Classification and Rate”.

The agency completes a Standard Form 308 (SF-208), or the “Request for Determination and Response to Request”. The completed form is sent to the Branch of Construction Wage Determinations, Wage and Hour Division, Employment Standards Administration, of the US Department of Labor, Washington DC 20210.

Note that project decisions only apply to the particular project for which they were issued. They are also effective for only 180 days.

What are my obligations after submitting a request for a Special Prevailing Wage Determination?

While waiting for a Special Prevailing Wage Determination, you are obliged to pay no less than the prevailing wage and benefit rate listed for the specialized trade that most resembles your trade.

Take the scenario where you are a plumbing contractor. If this trade is missing or unlisted, you can use the prevailing wage of a similar specialized trade, such as carpentry, as the marker for the prevailing wage for plumbing. You cannot pay less than that.

Once you’ve received the special determination, you need to correct your payroll if you paid lower than the issued determination.

What are the filing requirements for Davis-Bacon prevailing wage jobs?

The main requirement for Davis-Bacon jobs is the completion and submission of Certified Payroll Reports on a weekly basis. There are also some agencies in Virginia which can ask for additional paperwork. You need to verify what paperwork is required with your contracting agency.

Where should I file paperwork for prevailing wage jobs in Virginia?

Subcontractors should file their paperwork with the project’s general contractor. The general contractor should then submit the paperwork, including the sub-contractor’s, to the contracting agency.

Are there any rules on apprentices for a public works project?

There are currently no rules on apprenticeship regulation or general training fund. There are also no state mandates on a requirement to request apprentices.

However, if you are a contractor for a specific apprenticeship committee, you need to follow the apprenticeship regulations from that committee. You also need to contribute to their training fund.

Apprenticeship wages are set by the specific apprentice. They are not part of the general wage decision.

Is there a branch of the Associated General Contractors (AGC) in the state of Virginia?

Yes, Associated General Contractors (AGC) does have a branch in Virginia. AGC is a great resource in compliance for contractors. You can refer to their website here.

Is there a local Department of Labor Office in Virginia?

Yes, there is a local Department of Labor Office in Virginia. You can find their website here.

If you have questions regarding a Virginia prevailing wage job, you may contact the DOL as they have jurisdiction on the public works projects within the state. The DOL is also the investigative body enforcing compliance.

How is compliance enforced for US Department of HUD projects in Virginia?

There is a local US Department of Housing and Development office in Virginia, and they are responsible for HUD’s compliance with the Davis-Bacon regulations.

TO KNOW MORE ABOUT VIRGINIA PREVAILING WAGE, CONTACT ARCHER JORDAN NOW!

The Davis-Bacon Act is strictly enforced and audited in the state of Virginia. Initial enforcement is done by the contracting agency, which hires inspectors to perform interviews, assessments, and payroll record audits for compliance. Extreme errors or failure to maintain compliance can lead to the intervention of the Department of Labor, and the further investigation of the DOL Wage and Hour Division.

Complications with DBRA compliance can lead to penalties and project delays. To avoid such complications, make sure that you know the ins-and-out of dealing with prevailing wage jobs. With ARCHER JORDAN, you can be assured of effective guidance for smooth business sailing.

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