Failure to comply with the DavisBacon Act can have dire consequences be sure you are compliant.
Federal public works contractors often do not understand the requirements for complying with the DavisBacon Act when bidding on and performing federal public works contracts and the consequences of noncompliance. It is imperative to ensure you are compliant. Alleged violations of wage and hour laws have become a major source for the new wave of employment class actions, which often result in hundreds of thousands of dollars of recoverable damages and attorneys fees awarded to the successful litigants and their attorneys, in addition to the substantial amount of legal fees and administrative costs incurred by employers in defending these actions. The U.S. Department of Labor has become increasingly vigilant in their investigation and enforcement of federal wage and hour laws. Federal legislation and Executive Orders impose prevailing wage and employment law compliance requirements that will result in increased enforcement by the federal government. In addition, the Fair Pay and Safe Workplaces Executive Order imposes additional disclosure and compliance obligations by contractors and government agencies in awarding federal public works contracts to ensure that only responsible contractors with a satisfactory record of integrity and business ethics are eligible for federal public works contacts, and provides for the potential blacklisting of contractors who have a history of noncompliance with a variety of federal and analogous labor and employment laws.
You will be provided with the information you need to understand the specific requirements of the DavisBacon Act, when it applies, and the process necessary to ensure compliance and avoid enforcement actions and potential penalties. Failure to comply with the DavisBacon Act can have dire consequences, including debarment and the loss of a major source of business, in addition to the exposure to substantial damages and attorneys fees. This timely topic will enable you to ensure you are satisfying the DavisBacon Act when competing for and performing federal public works contracts.
ï The Impact of Federal Stimulus Funds Provided Under the American Recovery and Reinvestment Act of 2009
ï What Is the Davis-Bacon Act?
ï Other Applicable Federal Employment Laws
ï Key Differences Between the Davis-Bacon Act and State Prevailing Wage Laws
Coverage of the Davis-Bacon Act
ï Federal Public Works Contracts
ï Construction, Alteration or Repair
ï Site of the Work
ï Contractors and Subcontractors Covered
ï Work Performed by Employees of the Public Entity or Awarding Body
ï Laborers and Mechanics; Truck Drivers
ï Apprentices, Helpers and Trainees
ï The Davis-Bacon Act Stipulations
ï State Prevailing Wage Law Differences
ï Payment of the Prevailing Wage Rate
ï Classifications of Work and the Conformance Process for Missing/Additional Classifications
ï Components of the Prevailing Wage: The Basic Wage and Fringe Benefit Rate(s)
ï Bona Fide Fringe Benefits and Self-Funded Benefits
ï Computation of Wages and Fringe Benefits Paid/Provided to Workmen
ï Recordkeeping and Certified Payroll Records
Enforcement and Investigation
ï DOL; Awarding Body; State Agencies
ï Private Right of Action
ï Unpaid Prevailing Wages
ï Termination of Contract and Liability for Excess Costs
ï Debarment; Other Potential Remedies
Van Allyn Goodwin, Esq. with Littler Mendelson P.C.
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