WHD Releases Compliance Guidance for Worker Protections under the Bipartisan Infrastructure Law

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In November 2021, President Biden signed the Bipartisan Infrastructure Law (BIL) that focuses on rebuilding and improving the country’s infrastructure. The U.S. Department of Labor, Wage and Hour Division (WHD) recognizes that a vast majority of the federal funding authorized by the BIL requires the payment of Davis-Bacon prevailing wages. Therefore, the WHD developed Protections for Workers in Construction under the BIL to assist recipients and contractors subject to these requirements.

Under the BIL, most of the construction projects will be subject to Davis-Bacon prevailing wage labor standards meaning construction workers on those projects must be paid at least the locally prevailing wage and fringe benefits for the work they perform. This means that the Davis-Bacon labor standards clauses and applicable wage determinations must be included in construction contracts by the federal agencies and fund recipients to achieve compliance. In addition, prime contractors are responsible for ensuring that all subcontracts have the labor standards clauses and applicable prevailing wage determination(s).

WHD guidance notes that contractors will need to ensure that workers are paid the prevailing wage for all hours worked weekly, including fringe benefits. They must also maintain accurate records of wages paid and hours worked, including fringe benefit contributions, and submit certified payrolls to the funding agency or funding recipient each week. And contractors must post in a prominent place an “Employee Rights under the Davis-Bacon Act” poster and the wage determinations at the site of work.

For additional information on Worker Protections under the Bipartisan Infrastructure Law, go to:

https://www.dol.gov/agencies/whd/government-contracts/protections-for-workers-in-construction