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 ?
Some say legislation would be needed because the policy would conflict with current laws such as the Davis-Bacon Act and the Service Contract Act, which require contractors to pay local prevailing wages for construction and service work.
The Davis-Bacon Act requires that a prevailing wage be paid on all federal projects for which costs or contract price exceed $2,000, and 32 states have their own prevailing wage laws.
The genesis of the Davis-Bacon Act (named for its sponsors, Pennsylvania Senator James Davis and New York Representative Robert Bacon, both Republicans) was the construction of a Veterans Bureau Hospital on Long Island in 1927.
The House Education and Workforce Committee's Subcommittee on Workforce Protections held a hearing to examine the Department of Labor's (DOL) implementation of the Davis-Bacon Act, specifically concerning a recent Government Accountability Office (GAO) report that found poor data is being used to set prevailing wage rates.
The Department of Labor, which enforces the Davis-Bacon Act, issued a memorandum on the applicability of Davis-Bacon labor standards to federal and federally-assisted construction work funded in whole or in part under Division A of ARRA.
Asked about providing workers with fair wages, Obama said he supports union organizing and will promote the Davis-Bacon Act, which requires that federally funded construction projects pay locally prevailing wages and benefits.
In his description of the many giant road blocks placed by Republicans and the Bush Administration, Dine makes some excellent points about the aftermath of Hurricane Katrina, when Bush scrapped the Davis-Bacon Act in
Section 807 of the National Defense Authorization Act for Fiscal Year 2005 requires periodic adjustment of the statutory acquisition-related dollar thresholds in the Federal Acquisition Regulation (FAR) for inflation, except for those established by the Davis-Bacon Act, the Service Contract Act, or trade agreements.
When in the wake of Hurricane Katrina, Bush quietly suspended the Davis-Bacon Act in order to allow federal contractors to avoid paying the prevailing wage to workers involved in clean-up efforts, Miller led Democrats in handing the president a rare defeat.
The Davis-Bacon Act is a federal act affecting construction projects in which federal money is used to fund the project.
In response to the devastation caused by Hurricane Katrina during the last week of August 2005, President Bush on 8 September 2005 suspended the Davis-Bacon Act, (846) which requires federal contractors to pay