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.


Labor Law.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.
References in periodicals archive ?
Users can search for a variety of information including specific Davis-Bacon Act and McNamara-O'Hara Service Contract Act wage determinations.
Employee wages may be determined by the federal Davis-Bacon Act, a city spokeswoman said, that are higher than prevailing wages.
(That rate was indexed to inflation, and so now stands at $10.35.) But Obama's regulation, which governs projects covered by the Davis-Bacon Act applying to federal or Washington D.C.
Free-market enthusiasts will be tempted to blame the Davis-Bacon Act and other similar laws that mandate wage floors for construction workers, while others look to high land acquisition costs.
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* Reject partisan rhetoric attacking family-supporting prevailing wages and the Davis-Bacon Act.
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Major reasons are the federal Davis-Bacon Act, which mandates higher wages for federal work, and Massachusetts' Pacheco Law, which mandates higher wages for state work.
The Obama administration did a small favor for unions last spring by declaring that land surveyors are henceforth covered by the Davis-Bacon Act, which requires that workers be paid the "prevailing" union wage when employed by a company doing construction or some other sort of manual work for the federal government.
In 2010, the Infrastructure Finance Authority repeatedly reviewed county paperwork and procedures for the grant disbursement and kept finding deficiencies, especially with regard to Davis-Bacon Act prevailing wage rates, the state report shows.
The case against the Davis-Bacon Act; 54 reasons for repeal.