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Davis Bacon Act

All contractors and subcontractors performing work on federal or District of Columbia construction contracts or federally assisted contracts in excess of $2000 are required to pay the prevailing wage and fringe benefits by the Davis Bacon and Related Acts, known as Davis Bacon. The prevailing wage and fringe benefits are established by the federal Department of Labor (DOL) and vary depending on geographic location and a worker’s job classification. Contractors are required to submit weekly payrolls to DOL using the WH-347 form to ensure compliance with Davis Bacon.

Some states also have their own laws requiring payment of prevailing wages for construction projects receiving state funds. If these states also have state false claims acts, then contractors and subcontractors working on state-funded construction contracts may also be sued if they certify to the state governments that they are paying wages that they are not actually paying.

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