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By Robert Green


There is big money to be made with government contracts. Construction companies that win bids can see profits increase significantly when a job is on time, within the budget, and in compliance with the Davis-Bacon Act. If you have been awarded a project with a projected cost of more than two thousand dollars, the employees you hire must be paid wages that are in line with what other workers in the area are getting for similar jobs. Prevailing wage contractors must comply with this law or be subject to all kinds of penalties and sanctions.

According to the Davis-Bacon Act, any wages you pay laborers, while they are on the contract job site, have to be commensurate with pay they would receive from a private sector contractor for a comparable job. Fringe benefits must also be commensurate. The government contract will list rates for mechanics and laborers and as well as outline labor standards. Apprentice and trainees may be paid less than regular workers if they have registered with programs with the DOL.

Laborers must be paid on a weekly basis. If you have a prime contract, a contract valued at one hundred fifty thousand dollars or more, you also have to pay your laborers for any overtime. That is any time worked over the standard 40 hours per work week. If these laws are violated, a complaint can be registered with the Department of Labor's Wage and Hour Division.

A poster describing employee rights must be posted at the job site in a location where it is clearly visible. The contractor must also post a list of pay determinations. Payroll records, and any other pertinent records, have to be maintained for the length of the contract and for a three year period afterward. The Davis-Bacon Act is specific about what information must be logged.

The contractor must have the name, address, and Social Security number of each covered employee. The records must include the laborer's job description, pay rate, and contributions to fringe benefits. The number of hours worked each day and week is required.

Every deduction taken must be included in the records. Detailed information regarding the fringe benefit plans and programs must be included. If you hired trainees and apprentices, you must include their registration information in their records.

Each week the contractor has to send the contracting agent a payroll report containing all the required information. Home addresses and Social Security numbers are not required, but the four number identifying numbers must be included. The contractor, or a representative of the company, must sign each report. Reports have to be in the hands of the contracting agent within 7 days of the reported pay period.

Contractors who don't follow the Davis-Bacon Law face significant penalties. They may be debarred from bidding on contracts for three years. The contracting agency can withhold payments due the contractor until all penalties and delinquent payments have been satisfied.




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