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elaws - employment laws assistance for workers and small businesses - FLSA Section 14(c) Advisor

Davis-Bacon and Related Acts (DBRA) Coverage

The Davis-Bacon and Related Acts (DBRA) provide labor standards protections to employees who perform work on contracts with the Federal Government in excess of $2,000 for construction, reconstruction and remodeling, including painting and decorating. Covered contracts will contain a list of prevailing wages, including fringe benefits where appropriate, that must be paid to laborers and mechanics who perform on the contracts.

Unlike the FLSA, the McNamara-O’Hara Service Contract Act (SCA) and the Walsh-Healey Public Contracts Act (PCA), the DBRA contain no provisions that allow for the payment of special minimum wages to individuals with disabilities. All laborers and mechanics performing work subject to the DBRA are entitled to receive the full wage determination rate and fringe benefits for the job classification(s) actually performed—regardless of the quality or quantity of their performance.

All laborers, mechanics, guards and watchmen—with or without disabilities— performing on DBRA contracts in excess of $100,000 are also entitled to overtime pay under the Contract Work Hours Safety Standards Act (CWHSSA).

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FLSA Section 14(c) Advisor | Wage and Hour Division