Overview
Wage and hour laws have become the principal source for the new wave of employment class actions, which often result in hundreds of thousands of dollars, and in many cases millions 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 contractors in defending these actions. The U.S. Department of Labor and the Office of Federal Contract Compliance Programs have also become increasingly vigilant in their investigation and enforcement of federal wage and hour laws. Recently enacted federal legislation and executive orders issued by the Obama Administration involving the use of federal stimulus monies will also result in additional prevailing wage compliance requirements and increased enforcement by the federal government. Federal public works contractors often do not understand the requirements for complying with the Davis-Bacon Act when bidding on and performing federal public works contracts and the consequences of noncompliance.
This OnDemand Webinar will provide you with the information you need to understand the specific requirements of the Davis-Bacon Act, when it applies, and the process necessary to ensure compliance and avoid enforcement actions and potential penalties. Failure to comply with the Davis-Bacon 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 program is critical to ensure you are satisfying the Davis-Bacon Act when competing for and performing federal public works contracts.
Learning Objectives
• You will be able to define and apply the key aspects of the Davis-Bacon Act.
• You will be able to determine the coverage of the Davis-Bacon Act.
• You will be able to identify contract provisions that implicate the Davis-Bacon Act.
• You will be able to specify why it is necessary to comply with the Davis-Bacon Act.
Authors
Van A. Goodwin, Littler Mendelson, P.C.
Self Study Credit - OnDemand Webinar
| HRPD | 0.5 | | |
| CLE | 1.5 | PA, VA | |
| CLE | 1.75 | AK, AZ, CA, IL, NC, ND, OR, VT | |
| CLE | 1.9 | AL | |
| CLE | 1.95 | TN | |
| CLE | 2 | MS, MT, WA | |
| CLE | 2.4 | MO, WV | |
Self Study Credit - CD & Reference Manual
| CLE | 1.5 | AK, AZ, CA, ME, MT, ND, NM, NV, NY, OR, UT, VT, WA | |
| CLE | 1.8 | MO, WV | |
| CLE | 2 | CO | |
Self Study Credit - Podcast
| CLE | 1.5 | AK, CA, ME, MT, ND, NV | |
| CLE | 1.8 | MO, WV | |
Agenda
Overview
- What is the Davis-Bacon Act?
- Other Potentially Applicable Federal Employment Laws
- Key Differences From State Prevailing Wage Laws
- The Advent of Project Labor Agreements for Federal Construction Projects Under Executive Order 13502
- The Impact of Federal Stimulus Funds Provided Under the American Recovery and Reinvestment Act of 2009
Coverage of the Davis-Bacon Act
- Federal Public Works Contracts
- Construction, Alteration or Repair
- Contractors Covered
- Work Performed by Employees of the Public Entity or Awarding Body
Compliance Requirements
- Contract Provisions - The Davis-Bacon Act Stipulations
- Payment of the Prevailing Wage Rate
- Fringe Benefits and Computation
- Recordkeeping
Enforcement
- DOL
- Awarding Body
- State Agencies
- Private Right of Action
Penalties
- Unpaid Prevailing Wages
- Termination of Contract and Liability for Excess Costs
- Debarment
Questions and Answers
