Description

Worker Rights Under the Davis-Bacon Act Poster

Help satisfy federal construction posting requirements with the Worker Rights Under the Davis-Bacon Act Poster. This 11 x 17-inch federal contractor notice informs laborers and mechanics working on covered federal and federally assisted construction projects about prevailing wage, fringe benefit, overtime, and other worker protections under the Davis-Bacon and Related Acts.

Every contractor and subcontractor performing work covered by Davis-Bacon labor standards must display the required WH-1321 notice at the site of the work in a prominent and accessible location where workers can easily see it. The applicable Davis-Bacon wage determination, including approved additional classifications and wage rates when applicable, must also be posted.

What Is the Davis-Bacon Act?

The Davis-Bacon Act establishes prevailing wage requirements for laborers and mechanics performing work on certain federal construction contracts.

The Davis-Bacon Related Acts extend similar prevailing wage requirements to certain construction projects receiving federal assistance through grants, loans, loan guarantees, insurance, or other federal programs.

Who Is Protected by Davis-Bacon Requirements?

Davis-Bacon labor standards generally protect covered laborers and mechanics performing construction work on applicable federal or federally assisted projects.

Depending on the work being performed, covered workers can include employees performing duties involving:

Construction
Alteration
Repair
Painting and decorating
Other covered construction activities

Coverage depends on the contract, project, funding, work performed, worker classification, and applicable Davis-Bacon or Related Act requirements.

What Is a Davis-Bacon Prevailing Wage?

A Davis-Bacon prevailing wage consists of the applicable basic hourly wage rate plus applicable fringe benefits established for a particular classification of laborer or mechanic working on a covered project.

Prevailing wage rates are established through wage determinations issued by the U.S. Department of Labor for particular geographic areas and types of construction.

What Is a Davis-Bacon Wage Determination?

A Davis-Bacon wage determination identifies the prevailing wage rates and fringe benefits applicable to covered classifications of laborers and mechanics on a particular construction project.

Wage determinations can vary based on factors including:

Project location
Type of construction
Worker classification
Applicable federal funding or assistance

Contractors should use the wage determination incorporated into or otherwise applicable to the covered contract.

Must the Davis-Bacon Wage Determination Be Posted?

Yes. Contractors and subcontractors performing covered Davis-Bacon work must post the applicable wage determination at the site of the work along with the Worker Rights Under the Davis-Bacon Act poster.

Any approved additional classifications and corresponding wage rates established through the conformance process must also be made available or posted as required.

Where Must the Davis-Bacon Poster Be Displayed?

The WH-1321 Worker Rights Under the Davis-Bacon Act poster must be displayed at the site of the work in a prominent and accessible location where workers can easily see it.

Appropriate jobsite locations may include:

Construction jobsite offices
Job trailers
Employee entrances
Time-clock or check-in areas
Employee break areas
Other prominent locations regularly viewed by covered workers

How Often Must Davis-Bacon Workers Be Paid?

Covered laborers and mechanics generally must be paid applicable Davis-Bacon prevailing wages at least weekly.

The required compensation includes the applicable basic hourly wage and required fringe benefits. Contractors may satisfy applicable fringe benefit obligations through qualifying benefit plans, cash payments, or an appropriate combination as permitted by federal law.

Davis-Bacon Fringe Benefits

Davis-Bacon prevailing wage determinations can include both a basic hourly wage and a fringe benefit amount.

Applicable fringe benefits may include qualifying employer contributions for benefits such as:

Health insurance
Retirement or pension plans
Life insurance
Vacation or holiday benefits
Other bona fide fringe benefit plans

Contractors should follow applicable federal requirements when determining whether a benefit qualifies for Davis-Bacon credit.

Davis-Bacon Overtime Requirements

Workers on covered federal construction contracts may also be entitled to overtime compensation under applicable federal law.

Depending on the contract and employee, the Contract Work Hours and Safety Standards Act and/or Fair Labor Standards Act can require overtime pay of at least one and one-half times the employee's regular rate for applicable hours worked over 40 in a workweek.

Apprentices and Davis-Bacon Prevailing Wages

Registered apprentices may be paid rates different from the full journey-level Davis-Bacon prevailing wage when applicable federal requirements are satisfied.

To use applicable apprentice wage rates, contractors must comply with requirements involving approved apprenticeship programs, apprentice classifications, wage progression, and applicable apprentice-to-journeyworker ratios.

Worker Classifications Under Davis-Bacon

Covered workers must be classified based on the actual work they perform. Contractors should ensure that employees are paid the wage rate applicable to the correct Davis-Bacon labor classification.

When a required classification is not included in the applicable wage determination, an additional classification and wage rate may need to be established through the federal conformance process.

Davis-Bacon Certified Payroll Requirements

Contractors and subcontractors performing covered Davis-Bacon work generally have payroll and recordkeeping responsibilities.

Contractors must maintain required payroll information concerning covered laborers and mechanics and generally submit certified payroll records to the contracting agency on a weekly basis.

Required payroll information can include:

Worker identification information
Correct labor classifications
Hours worked
Applicable wage rates
Fringe benefit information
Gross wages earned
Applicable deductions
Actual wages paid

Can Davis-Bacon Workers Be Retaliated Against?

No. Contractors may not unlawfully retaliate against workers for exercising rights protected under the Davis-Bacon and Related Acts.

Protected activities can include:

Making a complaint about prevailing wages
Requesting payment of wages owed
Cooperating with a U.S. Department of Labor investigation
Providing information about potential Davis-Bacon violations
Informing coworkers about their Davis-Bacon rights
Testifying in an applicable hearing or proceeding

How Can a Worker Report a Davis-Bacon Violation?

Workers who believe they have not received the prevailing wages, fringe benefits, or other protections required by the Davis-Bacon and Related Acts may contact the U.S. Department of Labor Wage and Hour Division or the federal agency funding or assisting the project.

Workers should consider maintaining relevant information concerning their employer, project, job classification, hours worked, wages received, and other information that may assist in evaluating a potential violation.

Is the Davis-Bacon Poster Federally Required?

Yes, for contractors and subcontractors performing work covered by Davis-Bacon labor standards.

The WH-1321 Worker Rights Under the Davis-Bacon Act poster must be displayed at the site of the work in a prominent and accessible location where workers can easily see it.

The applicable Davis-Bacon wage determination, including approved additional classifications and wage rates when applicable, must also be posted.

Does the Davis-Bacon Poster Replace the Wage Determination?

No. The Worker Rights Under the Davis-Bacon Act poster and the applicable wage determination serve different purposes and both must be displayed when required.

The WH-1321 poster explains general Davis-Bacon employee rights, while the wage determination provides the actual prevailing wage and fringe benefit rates applicable to worker classifications on the particular project.

Current Davis-Bacon Poster Version

The U.S. Department of Labor maintains the official WH-1321 Worker Rights Under the Davis-Bacon Act notice. Employers should ensure that the version displayed at the jobsite reflects the current Department of Labor notice.

Contractors should also ensure that the wage determination posted with the notice is the wage determination applicable to the specific covered project.