Fair Labor Standards Act consultation, Wage and Hour Division investigation assistance, FLSA self-audit guidance, review of independent contractor concerns, and litigation support.
Davis-Bacon and Related Acts
Synopsis - from the DOL Wage and Hour Division web site:
The Davis-Bacon and Related Acts apply to contractors and subcontractors performing on federally funded or assisted contracts in excess of $2,000 for the construction, alteration, or repair (including painting and decorating) of public buildings or public works. Davis-Bacon Act and Related Act contractors and subcontractors must pay their laborers and mechanics employed under the contract no less than the locally prevailing wages and fringe benefits for corresponding work on similar projects in the area. The Davis-Bacon Act directs the Department of Labor to determine such locally prevailing wage rates. The Davis-Bacon Act applies to contractors and subcontractors performing work on federal or District of Columbia contracts. The Davis-Bacon Act prevailing wage provisions apply to the “Related Acts,” under which federal agencies assist construction projects through grants, loans, loan guarantees, and insurance.
There are myriad statutes ("related acts") that affect federal construction contractors, subcontractors, and lower-tier subcontractors. Failure to comply with the Davis-Bacon Act or a related act results in back wage liabilities and possible debarment. The DOL occasionally submits an investigation file to the U. S. Department of Justice for criminal litigation (e.g., submission of false certified payroll documents).
Much of the information on the "Service Contract Act" page on this site is applicable to the Davis-Bacon and Related Acts. However, the rules are very different in many respects.
How can a Wage and Hour consultant assist a federal construction contractor?
A contractor, subcontractor, or lower-tier subcontractor will find it to be a good investment to seek the counsel and advice of a consultant whose previous career was the enforcement of these statutes. Time and money can be saved by getting issues and questions resolved prior to the accumulation of a back wage liability and resulting repercussions.
Morris does not make job-site visits, but he is usually able to assist contractors via teleconferences. In the event that a client needs to deal with a consultant in person, Morris is knowledgeable of comparably-experienced consultants whom he can recommend. Please see the Contactpage on this site.
Services are available nationally (via telephone conferences and email), including FLSA,Service Contract Act, and Davis-Bacon Act consultation, compliance assistance, DOL investigation guidance, self-audit coordination, and litigation support as a consulting expert.