Davis-Bacon Compliance for Contractors

The Ultimate Davis-Bacon Compliance Guide for Prime Contractors

Learn top 5 ways contractors are mitigating their risks and shielding themselves from potential penalties and fines. Download this eBook today to learn:

Basics of prevailing wage compliance requirements
Compliance responsibilities of public agencies versus contractors
Most common challenges contractors face on prevailing wage jobs
Processes and protocols that every prime should have in place
Solutions that mitigate the risks inherent with public works projects

Two Men Looking at Prevailing Wage Compliance Report in Construction Site

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Wyoming

How are wages/fringes met? As a “total package” or individually?

Two-tiered: An employer who pays more than the minimum required fringe benefits is not permitted to reduce or offset the excess amount from the required base wage rate.

How often must employees be paid?

Not specified. However, state requires at least semi-monthly payments for anyone, firm or corporation, operating a railroad, mine, refinery, or any work related to oil and gas production, as well as factories, mills or workshops. Update: All federal-aid highway construction contracts covered under the Davis-Bacon Act (DBA) must have weekly payments.

At what point is overtime compensation required?

16-6-110 : OT over 8hrs a day, or more than 40 hrs for week; or employee may agree to OT for over 40 hrs in 1 week

Disclaimer: The information on LCPtracker’s interactive prevailing wage state map is provided for general informational purposes only. While we strive to maintain accurate and up-to-date data, LCPtracker cannot assure the accuracy, reliability, or availability of the information, as these details are subject to updates. Overtime (OT) and double time (DT) requirements may be subject to additional rules in your state or vary based on contract funding. Users are encouraged to verify all information with the relevant government agencies before making decisions based on the provided data.

Washington

How are wages/fringes met? As a “total package” or individually?

Individually

How often must employees be paid?

Weekly

At what point is overtime compensation required?

OT after 8 and over 40, unless a valid agreement for 4/10’s exists. DT between 6:00pm Saturday and 6:00am Monday

Virginia

How are wages/fringes met? As a “total package” or individually?

Total package, as Federal does.

How often must employees be paid?

Nothing stated under law

At what point is overtime compensation required?

Anything over 40 hours in a week

Vermont

How are wages/fringes met? As a “total package” or individually?

Total package, as Federal does.

How often must employees be paid?

Weekly

At what point is overtime compensation required?

Anything over 40 hours in a week

Texas

How are wages/fringes met? As a “total package” or individually?

No fringes.

How often must employees be paid?

At least twice a month; weekly for federally funded projects

At what point is overtime compensation required?

Anything over 40 hours in a week

Tennessee

How are wages/fringes met? As a “total package” or individually?

No fringes.

How often must employees be paid?

Weekly

At what point is overtime compensation required?

Anything over 40 hours in a week

Rhode Island

How are wages/fringes met? As a “total package” or individually?

Total package, as Federal does.

How often must employees be paid?

Weekly

At what point is overtime compensation required?

Anything over 8 in a day and 40 in a week.

Pennsylvania

How are wages/fringes met? As a “total package” or individually?

The total package is what is enforced.

How often must employees be paid?

Weekly

At what point is overtime compensation required?

After 40 in a week

Oregon

How are wages/fringes met? As a “total package” or individually?

Total package, like Federal (See FAQs for Employees)

How often must employees be paid?

Weekly

At what point is overtime compensation required?

Overtime is typcially due on a daily basis, after 8 hours in a day. Different rules exist for a 4/10 schedule. OT must be paid for all Saturdays and Sundays, and six legal holidays (New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving & Christmas)

Ohio

How are wages/fringes met? As a “total package” or individually?

Employers who have not established a plan, by a labor agreement or otherwise, for the provision of wages as defined in division (E)(2) of section 4115.03 of the Revised Code must pay the full prevailing wage rate in cash.

How often must employees be paid?

Every employer operating in this state must pay employees twice a month:

(a) By the 1st of each month, wages earned during the first half of the previous month (ending on the 15th) must be paid.
(b) By the 15th of each month, wages earned during the last half of the previous month must be paid.

At what point is overtime compensation required?

All hours over 40 in a week

New York

How are wages/fringes met? As a “total package” or individually?

Individually.

How often must employees be paid?

Weekly

At what point is overtime compensation required?

Per classification.

New Mexico

How are wages/fringes met? As a “total package” or individually?

Total package, similar to Federal.

How often must employees be paid?

Weekly

At what point is overtime compensation required?

After 40 hours in a week

New Jersey

How are wages/fringes met? As a “total package” or individually?

Total package can be paid; however individual classifications may have special OT requirements.

How often must employees be paid?

Twice a month

At what point is overtime compensation required?

Typically anything over 8 hours in a day; HOWEVER, this can be different per classification. DT can be required as well.

Nevada

How are wages/fringes met? As a “total package” or individually?

Total Package. The published wage detemrination includes a single rate that combines wages and fringe benefits. Overtime (OT) must be paid on the full amount.
Update (5/6/24): However, OT does not apply to contributions made to a bona fide benefit plan.

How often must employees be paid?

Twice a month

At what point is overtime compensation required?

NRS 338.020 (3)(a)(b: )40 hours in work week, OR 8 hours in work day unless an approved 4/10’s schedule applies

Montana

How are wages/fringes met? As a “total package” or individually?

Total Package

How often must employees be paid?

Weekly

At what point is overtime compensation required?

After 40 hours in a week

Missouri

How are wages/fringes met? As a “total package” or individually?

GWO wage and fringes are separate. Total package paid as Federal is acceptable. However, some classifications demand OT on fringes. Must refer to OT language in GWO.

How often must employees be paid?

Weekly

At what point is overtime compensation required?

10 hours in a day and 40 hours in a week. (GWO: see classification individually)

Minnesota

How are wages/fringes met? As a “total package” or individually?

Total Package

How often must employees be paid?

May be paid bi-weekly.

At what point is overtime compensation required?

After 8 hours in a day or 40 hours in a week

Michigan

How are wages/fringes met? As a “total package” or individually?

Total package

How often must employees be paid?

Weekly

At what point is overtime compensation required?

OT includes fringes benefits. OT is required after 8 hours worked in a day, on Saturday, Sunday & Holidays, and after 10 hours if four 10’s are worked.

Massachusetts

How are wages/fringes met? As a “total package” or individually?

Individually.

How often must employees be paid?

Weekly

At what point is overtime compensation required?

After 40 hours in a week

Maryland

How are wages/fringes met? As a “total package” or individually?

Total package

How often must employees be paid?

Weekly

At what point is overtime compensation required?

After 10 hours in a day, on Sunday or holidays

Maine

How are wages/fringes met? As a “total package” or individually?

Pursuant to Maine prevailing wage law, a prevailing wage rate includes an hourly base rate plus fringe benefits. “Benefits” are defined as: health and welfare contributions, pension or individual retirement account contributions, and vacation and annuity contributions, per diem in lieu of wages and any other form of payment, except for wages, made to or on behalf of the employee. If a defined contribution amount is not established, the most accurate estimated value of contributions must be included.

How often must employees be paid?

Not specified in statute

At what point is overtime compensation required?

After 40 hours in a week

Illinois

How are wages/fringes met? As a “total package” or individually?

Individually.

How often must employees be paid?

Law does not specify.

At what point is overtime compensation required?

Over 40 Hours

Hawaii

How are wages/fringes met? As a “total package” or individually?

A contractor can meet the prevailing wage requirements using any of the following payment methods, as long as the total equals or exceeds the amount in the wage rate schedule:

(a) By paying the basic hourly rate and by making contributions for the fringe benefits in the amount specified in the wage rate schedule;
(b) By paying the basic hourly rate and an additional cash payment in lieu of the fringe benefits directly to the laborer or mechanic; or
(c) By paying an hourly rate, partly in cash and partly in fringe benefits.

How often must employees be paid?

Weekly, within 5 working days after the end of the pay period.

At what point is overtime compensation required?

Overtime must be paid on all hours worked over 8 hours in a day, all time on Saturday and Sunday, or on a legal State Holiday. Also after 40 hours in a week. Some classifications are DT on Sundays, and 3x on Labor Day.

District of Columbia

How are wages/fringes met? As a “total package” or individually?

Total package, as Federal does.

How often must employees be paid?

Weekly

At what point is overtime compensation required?

OT must be paid on base wage; only after 40 hours

Delaware

How are wages/fringes met? As a “total package” or individually?

Total package, as Federal does.

T3.1.9 Wages. The term “wages” means the basic hourly rate of pay plus fringe benefits

How often must employees be paid?

Pay all mechanics and laborers working directly on the job site in full, at least once a week, without any deductions or rebates. Wages must be at or above the rates specified in the prevailing wage determination.

At what point is overtime compensation required?

After 40 hours in a week

Connecticut

How are wages/fringes met? As a “total package” or individually?

Total package, as Federal does.

How often must employees be paid?

Sec 31-7 1: Weekly payment of wages was repealed. Contractors can now pay weekly or once every 2 weeks.

At what point is overtime compensation required?

8 hours in a day or 40 hours in a week. Hours of work may be suspended during an emergency

Colorado

How are wages/fringes met? As a “total package” or individually?

Total package, as Federal does.

How often must employees be paid?

Weekly

At what point is overtime compensation required?

A laborer or mechanic must be paid at least one and a half times their basic rate of pay for any hours worked beyond 40 in a workweek.

Alaska

How are wages/fringes met? As a “total package” or individually?

Total package, as Federal does.

How often must employees be paid?

Weekly

At what point is overtime compensation required?

8 in a day, 40 in a week. Fringes not paid overtime. (same for minimum wage)

California

How are wages/fringes met? As a “total package” or individually?

Individually. CA law does not allow for use of credits of Employer Payments to reduce hourly ST or OT wage obligation. Cal. Lab. Code §§ 1771 and 1773.1; see WSB Elec., Inc. v. Curry, 88 F.3d 788 (9th Cir. 1996)

How often must employees be paid?

At least twice every calendar month, with some exceptions

At what point is overtime compensation required?

Depends on classification (minimum wage OT after 8, DT after 12), with 4 exceptions (listed in comments)