Davis-Bacon Act

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Davis-Bacon Act

The Davis-Bacon Act (40 U.S.C.A. §§ 276a to 276a-5) is federal law that governs the Minimum Wage rate to be paid to laborers and mechanics employed on federal public works projects. It was enacted on March 3, 1931, and has been amended. Its purpose is to preserve local wage standards and promote local employment by preventing contractors who bid on public contracts from basing their bids on the use of cheap labor recruited from foreign sources.

When controversies arise under the Davis-Bacon Act, they are first submitted to the federal agency that is in charge of the project. Thereafter, if the dispute is not satisfactorily resolved, the matter is submitted to the secretary of labor. The Wage Appeals Board of the Labor Department acts on behalf of the secretary in reviewing questions of law and fact made in wage determinations issued under the act and its related prevailing wage statutes. The board has discretion in selecting the controversies that it will review. Following these administrative procedures, a dissatisfied party may seek relief in the federal courts. The courts, however, will only review whether there has been compliance with the constitutional, statutory, and procedural requirements of the practices and procedures of the agencies involved in the dispute.

Cross-references

Labor Law.

References in periodicals archive ?
Additionally, WHD administers and enforces the prevailing wage requirements of the Davis Bacon Act and the Service Contract Act and other statutes applicable to Federal contracts for construction and for the provision of goods and services.
The order also requires contractors to provide "transparent" paychecks to workers covered by the Fair Labor Standards Act, Davis Bacon Act, Service Contract Act, and equivalent state laws.
Contractors and subcontractors working on projects funded by the ARRA must be paid the prevailing wage rate, as set forth in the Davis Bacon Act. And the new law also requires giving preference to American-made goods in construction and infrastructure projects financed by the Act.
It includes guidance for agencies on how to select the appropriate wage determination for each contract action and provides access to the most current wage determinations under the Service Contract Act (SCA) and the Davis Bacon Act. A feature on the site alerts users to future revisions to particular wage determinations.
ANSWERS The Federal Davis Bacon Act requires union prevailing wages to be paid on all construction work whenever a certain amount of federal money is included in the funding.