
Prevailing Wage and Davis-Bacon Compliance in Kentucky
Components of Wage Determinations
Federal wage determinations for Kentucky include:
- Basic Hourly Rate: The minimum wage rate paid directly to workers in a specific job classification.
- Fringe Benefits: Non-cash benefits include health insurance, retirement plans, and paid leave.
- Total Hourly Rate: The sum of the basic hourly rate and fringe benefits.
For example, if the basic hourly wage is $25 and fringe benefits are valued at $8, the total hourly rate is $33. If fringe benefits are not provided, the contractor must pay the full $33 in wages.
Compliance for Contractors and Subcontractors
Contractors and subcontractors working on federally funded public works projects in Kentucky must:
Determine Applicable Wage Rates
Determine Applicable Wage Rates
Submit Certified Payroll Records
Submit Certified Payroll Records
Contractors are required to submit certified payroll reports weekly to the contracting agency. For federal projects, contractors typically use Form WH-347 from the U.S. Department of Labor.
Handle Fringe Benefits
Handle Fringe Benefits
Post Wage Rates On-Site
Post Wage Rates On-Site
Maintain Records
Maintain Records
Penalties for Non-Compliance
Failure to comply with the Davis-Bacon Act can result in severe consequences, including:
-
Fines
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Back pay for underpaid workers
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Disqualification from future federally funded projects
Unique Aspects of Kentucky's Public Works System
- Recent Repeal of State Law: In 2017, Kentucky repealed its state prevailing wage law, making it one of the few states without such regulations.
- No State Prevailing Wage Requirements: State-funded projects are not subject to prevailing wage requirements, allowing contractors more flexibility in setting wages (while still complying with general labor laws like minimum wage).
- Limited Scope: Davis-Bacon requirements only apply to federally funded projects, not all public works in the state.
Relevant Resources
- U.S. Department of Labor: Wage Determinations Online (WDOL): SAM.gov - Wage Determinations
Certified Payroll Form WH-347: U.S. Department of Labor Certified Payroll Form
Kentucky Prevailing Wage FAQs
Does Kentucky have a state-specific prevailing wage law?
No, Kentucky repealed its state-specific prevailing wage law in 2017. Public works projects funded solely by state or local governments are not required to comply with prevailing wage regulations. However, federally funded projects in Kentucky must follow the federal Davis-Bacon Act.
How are prevailing wage rates determined in Kentucky?
For federally funded projects, prevailing wage rates are determined by the U.S. Department of Labor based on wage surveys conducted in the local area. These rates include both a basic hourly wage and fringe benefits, and they are published in the Wage Determinations Online (WDOL) portal on SAM.gov.
What are the penalties for non-compliance with Davis-Bacon regulations in Kentucky?
Contractors may be required to compensate workers for any underpayment through back pay. Additionally, contractors can face monetary penalties for failing to pay the prevailing wage. In cases of non-compliance, contractors may be disqualified from bidding on future federally funded public works projects through debarment.
How are fringe benefits handled under the Davis-Bacon Act in Kentucky?
Fringe benefits are a required component of the total prevailing wage. Contractors can provide fringe benefits such as health insurance, pension contributions, or vacation pay, or they can pay the equivalent value in cash. If no fringe benefits are provided, the total wage (basic hourly wage + fringe benefits) must be paid directly to the worker in cash.