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Davis-Bacon and
              Related Acts


         Under the American Recovery and
            Reinvestment Act of 2009
                     “ARRA”




DBRA ©              Gary Wheeler, The Virtual HR Director, LLC   1
Davis-Bacon Act Objectives
   Review Original Act

   Summarize Changes




DBRA ©             Gary Wheeler, The Virtual HR Director, LLC   2
ARRA 2009
   Effective February 2009
   Economic stimulus package
    intended to provide a “jump start”
    to the U.S. economy in wake of
    the economic downturn
   Worth about $787 billion
   Includes federal tax cuts,
    expansion of unemployment
    benefits, and other provisions


DBRA ©                Gary Wheeler, The Virtual HR Director, LLC   3
Davis-Bacon Act
   Originally passed in 1931 under the Herbert
    Hoover Administration
   Initiated to ensure fair treatment of workers
    during the Depression
   Named after sponsors of the bill
        James Davis (Senator – PA)
        Robert Bacon (Representative- NY)




DBRA ©                 Gary Wheeler, The Virtual HR Director, LLC   4
Who is covered?
   Applies to all businesses who:
        Employ Contractors and Subcontractors
        Perform work on federal construction OR federally
         assisted contracts in excess of $2,000




DBRA ©                  Gary Wheeler, The Virtual HR Director, LLC   5
Employer Responsibilities
   Pay laborers and mechanics not less than the
    prevailing wage rates and benefits in the area
   Pay employees weekly and submit weekly
    payroll records




DBRA ©             Gary Wheeler, The Virtual HR Director, LLC   6
Employer Responsibilities
   Pay overtime to employees if the prime contract
    is over $100,000
   Post the Davis-Bacon wage determination
    poster at work-site




DBRA ©             Gary Wheeler, The Virtual HR Director, LLC   7
What are the “Related Acts”?
   Federal – Aid Highway Acts
   Housing and Community Development Act
   Federal Water Pollution Control Act
   Plus 57 Other Acts!




DBRA ©             Gary Wheeler, The Virtual HR Director, LLC   8
New in 2009
   Effective January 2009

   If Federal Agencies are contracting for business
    using ARRA Funds:
        Ensure that all bids and resulting contracts contain
         Davis-Bacon Labor standards and wage
         determinations
        Workers must be paid at least the prevailing wage as
         determined by the Davis-Bacon Act

DBRA ©                  Gary Wheeler, The Virtual HR Director, LLC   9
Best Practices
• Post the Davis-Bacon wage determination
  poster at work-site

• Know what the prevailing wage rates and
  benefits are in your area / geography. If in
  doubt, check with the Wage and Hour
  Division



DBRA ©          Gary Wheeler, The Virtual HR Director, LLC   10
Food For Thought

   The Davis-Bacon Act was suspended during
    Katrina (with little negative impact) and then
    reinstated 3 years later. With major
    disasters happening almost daily, what does
    this mean for the future of this act?




DBRA ©             Gary Wheeler, The Virtual HR Director, LLC   11
Davis-Bacon Act Information
   For additional information go to:

                http://wagehour.dol.gov


   gary@thevirtualhrdirector.com
   http://www.thevirtualhrdirector.com



DBRA ©              Gary Wheeler, The Virtual HR Director, LLC   12

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Davis-Bacon Law Act

  • 1. Davis-Bacon and Related Acts Under the American Recovery and Reinvestment Act of 2009 “ARRA” DBRA © Gary Wheeler, The Virtual HR Director, LLC 1
  • 2. Davis-Bacon Act Objectives  Review Original Act  Summarize Changes DBRA © Gary Wheeler, The Virtual HR Director, LLC 2
  • 3. ARRA 2009  Effective February 2009  Economic stimulus package intended to provide a “jump start” to the U.S. economy in wake of the economic downturn  Worth about $787 billion  Includes federal tax cuts, expansion of unemployment benefits, and other provisions DBRA © Gary Wheeler, The Virtual HR Director, LLC 3
  • 4. Davis-Bacon Act  Originally passed in 1931 under the Herbert Hoover Administration  Initiated to ensure fair treatment of workers during the Depression  Named after sponsors of the bill  James Davis (Senator – PA)  Robert Bacon (Representative- NY) DBRA © Gary Wheeler, The Virtual HR Director, LLC 4
  • 5. Who is covered?  Applies to all businesses who:  Employ Contractors and Subcontractors  Perform work on federal construction OR federally assisted contracts in excess of $2,000 DBRA © Gary Wheeler, The Virtual HR Director, LLC 5
  • 6. Employer Responsibilities  Pay laborers and mechanics not less than the prevailing wage rates and benefits in the area  Pay employees weekly and submit weekly payroll records DBRA © Gary Wheeler, The Virtual HR Director, LLC 6
  • 7. Employer Responsibilities  Pay overtime to employees if the prime contract is over $100,000  Post the Davis-Bacon wage determination poster at work-site DBRA © Gary Wheeler, The Virtual HR Director, LLC 7
  • 8. What are the “Related Acts”?  Federal – Aid Highway Acts  Housing and Community Development Act  Federal Water Pollution Control Act  Plus 57 Other Acts! DBRA © Gary Wheeler, The Virtual HR Director, LLC 8
  • 9. New in 2009  Effective January 2009  If Federal Agencies are contracting for business using ARRA Funds:  Ensure that all bids and resulting contracts contain Davis-Bacon Labor standards and wage determinations  Workers must be paid at least the prevailing wage as determined by the Davis-Bacon Act DBRA © Gary Wheeler, The Virtual HR Director, LLC 9
  • 10. Best Practices • Post the Davis-Bacon wage determination poster at work-site • Know what the prevailing wage rates and benefits are in your area / geography. If in doubt, check with the Wage and Hour Division DBRA © Gary Wheeler, The Virtual HR Director, LLC 10
  • 11. Food For Thought  The Davis-Bacon Act was suspended during Katrina (with little negative impact) and then reinstated 3 years later. With major disasters happening almost daily, what does this mean for the future of this act? DBRA © Gary Wheeler, The Virtual HR Director, LLC 11
  • 12. Davis-Bacon Act Information  For additional information go to: http://wagehour.dol.gov  gary@thevirtualhrdirector.com  http://www.thevirtualhrdirector.com DBRA © Gary Wheeler, The Virtual HR Director, LLC 12