Davis Bacon and Related Acts

Signed into law in 1931 by President Herbert Hoover, the Davis Bacon Act established a federal law that requires contractors and subcontractors, who are working on federally funded or assisted contracts for “the construction, alteration, or repair of public buildings or public works in excess of $2,000,” to be paid the local wage.

In addition to the requirements outlined above, the law also requires time and one half to be paid over the employee’s basic rate of pay if they work more than 40 hours in a standard workweek and the contract is in excess of $100,000.

Since 1931, the United States Congress has extended wage requirements through additional related acts, including the American Recovery and Reinvestment Act of 2009, the Federal-Aid Highway Acts, the Housing and Community Development Act of 1974, and the Federal Water Pollution Control Act. Currently, these provisions and requirements are administered by the Department of Labor, and these standards must be included in employment contracts.

How do I find out about my rights?

If you are working for an employer who is covered by the labor standards of the DBRA all information about your benefits and pay must be posted at the worksite where it can be easily accessed. Information about your pay must also be maintained by your employer for up to three years, including your name, address, Social Security number, work classification, rate of pay, fringe benefits, number of hours worked per day and week, actual wages, deductions, and whether you were part of an apprenticeship or trainee program.

Employers violations and penalties

If a contractor or subcontractor disregards the requirements of the law they can lose their right to receive future contracts and have their contract payments withheld and used to repay wage liabilities and overtime violations per the Contract Work Hours and Safety Standards Act (CWHSSA). Employers who intentionally falsify payroll records may face civil or criminal prosecution, and if they are found guilty, they may be fined or sent to prison.