Davis-Bacon Act: Notice to All Employees Working on Federal or Federally Financed Construction Projects (WH-1321)
Note: LRCC does NOT currently employ any faculty or staff through federal contracts as of the start of 2024. Therefore, if you are an LRCC employee, this information is Not related to your position here with us.
A direct link to the poster can be found here: https://www.dol.gov/whd/regs/compliance/posters/davis.htm
The Davis-Bacon poster (WH-1321) is required by federal law. All construction contractors and subcontractors working on federally-financed construction must post at the job site a copy of the specifications section of their contract that set forth applicable prevailing wage rates, as determined by the Secretary of Labor.
The Davis-Bacon and related Acts (DBRA) require contractors and subcontractors to pay locally prevailing wages to laborers and mechanics employed on certain federal and federally assisted construction projects. The Davis-Bacon Act applies to contractors and subcontractors performing work on Federal Government and District of Columbia contracts in excess of $2,000 for construction of public buildings and public works. In addition to the Davis-Bacon Act, Congress has added Davis-Bacon prevailing wage provisions to numerous laws – "related Acts" – under which federal agencies fund or assist construction projects through grants, loans, loan guarantees, and insurance. The Department of Labor's Wage and Hour Division (WHD) publishes Davis-Bacon wage determinations that list wage rates and fringe benefits found to be prevailing for laborers and mechanics employed on projects of a similar character in the relevant geographic area. The wage determinations are included in DBRA-covered contracts.
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Poster Requirements
Every contractor performing work covered by the Davis-Bacon labor standards must post the WH-1321 "Worker Rights Under the Davis-Bacon Act" poster at the site of the work in a prominent and accessible place where it may be easily seen by workers. The applicable DBRA wage determination, including any conformed classifications, must be similarly posted.
Image below
The Contract Work Hours and Safety Standards Act (CWHSSA)
The Contract Work Hours and Safety Standards Act (CWHSSA) applies to certain contracts with the federal government or the District of Columbia that require or involve the employment of laborers or mechanics, including watchmen and guards. Contracts covered by CWHSSA include certain federal service contracts and federally funded and assisted construction contracts.
The CWHSSA is enforced by the Wage and Hour Division. The Contract Work Hours and Safety Standards Act (CWHSSA) provides workers on covered contracts the right to receive not less than one and one-half times their basic rate of pay for all hours worked over 40 in a workweek on such contracts. The Wage and Hour Division accepts complaints of alleged CWHSSA wage violations. Wage and Hour Division local offices are listed at www.dol.gov/whd/america2.htm.
It is prohibited to retaliate against or fire workers or job applicants for engaging in protected activities such as making a complaint or cooperating in a Wage and Hour Division investigation under the CWHSSA.
The Contract Work Hours and Safety Standards Act (CWHSSA) does not have its own posting requirement. However, if the contract to which CWHSSA applies is subject to the Davis-Bacon and Related Acts' requirements, the Notice of Worker Rights on Federal or Federally Financed Construction Projects poster must be posted, just like with the Davis-Bacon Act.
If the contract to which CWHSSA applies is subject to the Service Contract Act's requirements, the "Worker Rights on Government Contracts" (see the article about the SCA and PCA), poster must be posted. The appropriate poster(s) must be posted at the worksite in a prominent and accessible place where it may be easily seen by workers. There is no size requirement for these posters but they must be easily readable. See below for an image, although without the contracting officer's information filled in as LRCC doesn't currently hold such a contract.
Certain contracts are exempt from CWHSSA. These include contracts for the following:
- Transportation by land, air, or water;
- Transmission of intelligence;
- Purchase of supplies, materials, or articles ordinarily available in the "open market";
- Work required to be done in accordance with provisions of the Walsh-Healey Public Contracts Act; and
- Contracts administratively exempted by the Secretary of Labor in special circumstances in the public interest to prevent injustice or undue hardship or to avoid serious impairment of federal government business
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DOL Contacts
Wage and Hour Division
Contact WHD
Tel: 1-866-4-US-WAGE (1-866-487-9243)*
*If you are deaf, hard of hearing, or have a speech disability, please dial 7-1-1 to access telecommunications relay services.