The Davis-Bacon Act (the "Act") requires payment of "prevailing
wages." See 40 USC Section 3142(c). The minimum wages to be
paid are those that the Secretary of Labor determines to be prevailing for the
corresponding classes of laborers and mechanics employed on projects of a
character similar to the contract work in the locality where the work is to be
performed. The Act requires that each contract above $2,000.00 "to which
the Federal Government or the District of Columbia is a party, for construction,
alteration or repair, including painting and decorating, of public buildings
and public works... shall contain a provision stating the minimum wages to be
paid" to "all mechanics and laborers employed directly upon the site of
In addition to the Act itself, Congress has added these prevailing wage
provisions to numerous laws - referred to as "related Acts" under which Federal
agencies assist construction projects through grants, loans, guarantees,
insurance and other methods. See US Department of Labor,
Memorandum No. 207 (May 29, 2009).
As a result of the American Recovery and Reinvestment Act all projects
funded by the stimulus package will require the payment of prevailing wages and
submission of weekly-certified payroll reports.
In January of 2009 - a month before the American Recovery and Reinvestment
Act was implemented - the Department of Labor ("DOL") revised its certified
payroll reporting requirements and Prime/General contractors and subcontractors
performing work on federally funded construction projects are no longer
required to display the home address and social security numbers of employees
on the weekly certified payroll reports. However, they are required to
display the employee's full name and provide an individually identifying number
for each employee. The applicable regulation suggests the use of the last
four digits of the employee's social security number.
The DOL provides for convenience a Certified Payroll form (WH-347), and if
properly filled out it will satisfy the requirements of the Davis-Bacon Act. If
you use the form, at least the following information needs to be provided:
There may be other information needed for completion of the form - please go
to DOL's website at http://webapps.dol.gov/libraryforms/FormsByNum.asp
for further information.
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Katharina K. Brekke Powers
is an attorney with Vandeventer Black where she
concentrates her law practice in international business, commercial
matters, maritime and government contracts.
Her international and commercial practices focus on the needs of
international investors seeking to locate operations in or trade with
the United States and U.S. companies setting up operations
internationally or engaging in international trade.
Katharina's maritime experience includes representing domestic and
international marine interests in matters arising out of collisions,
personal injury, charter parties, and cargo loss or damage for cargo
Her government contracts practice is focused on providing services
on public projects ranging from small business supply contracts to
worldwide logistics and technology contracts and construction and
response contracts, involving local, state and the Federal government.
She received a Norwegian law degree from the University of Oslo.
She graduated with honors from the University of Stockholm International
Law Studies program and earned a Master of Laws degree from The College
of William & Mary School of Law.
Katharina is qualified to practice law in Norway and Sweden. She
is admitted to practice in Virginia and before the U.S. District Court,
the U.S. Bankruptcy Court for the Eastern District of Virginia and the
U.S. Court of Appeals for the Fourth Circuit.
She is a member of the American, Norfolk & Portsmouth and
Virginia Bar Associations and the Maritime Law Association of the United
States, the Southeastern Admiralty Law Institute, the Hampton Roads
Maritime Association and the Propeller Club - Port of Hampton Roads
(Director). She is also a member of the American Bar Association's
Section of International Law and Practice and a member of the
Norwegian-American Chamber of Commerce.
Katharina speaks Norwegian, Swedish, Danish and English, and understands German.
This was an interesting read, thanks for sharing.
I am a flagger in the state of Virginia. But I also do lane closers and sit signs. The thing I would like to know is how much I am supposed to be getting payed around here. Thank you for your time.