Davis Bacon Act
We will cover the recent guidance issued by the DOL regarding the interplay between the Affordable Care Act and the Davis Bacon Act. The guidance discusses whether employers can take credit for ACA premiums and associated payment against required prevailing wage fringe benefits.
Those who want the privilege of having to do business with the Federal Government and offer services on federally funded or assisted construction projects must comply with the Davis Bacon Act. The DBA requires these companies to pay at least the locally “prevailing wage” to laborer and mechanics employed on the contract. But how do you determine that “prevailing wage”? The DOL is increasing its enforcement of the DBA – don’t be caught violating the DBA – you may face having to pay millions of dollars of damages and attorneys’ fees! We will also cover recently Executive Orders issued by President Obama that impacts how you pay your employees.
- Overview of the Davis Bacon Act
- Contractors and subcontractors covered
- Key Differences between the DBA and state prevailing wage laws
- Calculating the prevailing wage
- Classifications of Work and the Conformance Process for Missing Classifications
- What are bona fide fringe benefits and self funded benefits?
- Executive Orders affecting compensation
Susan Desmond is a principal with Jackson Lewis PC which has offices in 59 cities across the United States. Ms. Desmond has been representing management in all areas of labor and employment law since her graduation from the University of Tennessee School of Law in 1985. She is listed in Best Lawyers in America for labor and employment law and has been named by Chambers USA as one of America’s leading business lawyers. Ms. Desmond is also listed in Mid-South Super Lawyers and Louisiana Super Lawy... View Full Profile