Prevailing Wage and Davis-Bacon Compliance in New Hampshire
eMars provides certified payroll and compliance solutions tailored primarily for federal projects and select state jurisdictions. While many agencies accept the standard WH-347 form, some states will require their own form. For questions about supported jurisdictions, please contact our team directly.
Components of Wage Determinations
Federal wage determinations for New Hampshire include:
- Basic Hourly Rate: The minimum wage rate paid directly to workers in a specific job classification.
- Fringe Benefits: Non-cash benefits that can include health insurance, retirement plans, and vacation/holiday pay.
- Total Hourly Rate: This is the sum of the basic hourly rate and fringe benefits. For example, if the basic hourly wage is $30 and fringe benefits are valued at $5, the total hourly rate would be $35. If fringe benefits are not provided, the contractor must pay the full $35 in cash wages.
Compliance for Contractors and Subcontractors
Contractors and subcontractors working on federally funded public works projects in New Hampshire must:
Determine Applicable Wage Rates
Determine Applicable Wage Rates
Submit Certified Payroll Reports
Submit Certified Payroll Reports
File Form WH-347 weekly with the contracting agency or pass-through entity such as NHDOT or NH DAS Division of Public Works. The DOL released a revised WH-347 effective January 6, 2025.
Handle Fringe Benefits
Handle Fringe Benefits
Provide bona fide fringe benefits or pay the equivalent value as additional cash on top of the basic hourly rate. Total compensation must equal at least the basic rate plus the fringe rate on the applicable SAM.gov wage determination.
Post Wage Rates On-Site
Post Wage Rates On-Site
Maintain Proper Documentation
Maintain Proper Documentation
Penalties for Non-Compliance
While New Hampshire does not have its own state-specific penalties, federal law imposes strict consequences for Davis-Bacon Act violations, which can include:
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Withholding and cross-withholding of contract payments
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Back Wages owed to underpaid workers
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Civil Penalties per violation
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Termination of the federal contract
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Debarment from federally funded or assisted contracts
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Criminal Prosecution for willful violations
Unique Aspects of New Hampshire's Public Works System
- Davis-Bacon Is the Only Prevailing Wage Framework That Applies in NH: Because there is no state law, prevailing wage obligations attach only when federal funds are used on a project of $2,000 or more. State-funded public works are subject to FLSA, the NH wage and hour law (RSA 275), and any contract-specific wage terms included by the awarding agency.
- State Labor Oversight Without State Prevailing Wage: The NH Department of Labor enforces general wage and hour rules on NH construction work (minimum wage, FLSA overtime, weekly wage payment timing) regardless of whether the project is publicly funded, and the NH DAS Division of Public Works monitors Davis-Bacon compliance on state-managed construction contracts that receive federal funding.
Relevant Resources
- Davis-Bacon Wage Determinations: SAM.gov
- DOL Form WH-347 (Revised January 2025)
- NH Department of Administrative Services - Division of Public Works Labor Compliance
- U.S. Department of Labor Wage and Hour Division: Davis-Bacon and Related Acts
- Updating the Davis-Bacon and Related Acts Regulations - DOL Final Rule
For the most accurate and current information on prevailing wage requirements, consult the U.S. Department of Labor or your state's official labor website.
New Hampshire Prevailing Wage FAQs
Does New Hampshire have a state-specific prevailing wage law?
No. New Hampshire repealed its state prevailing wage law in 1985. State and locally funded public works projects are not subject to a state prevailing wage rate unless the awarding agency writes wage terms into the contract. For federally funded or assisted projects in NH of $2,000 or more, the federal Davis-Bacon Act applies.
How are prevailing wage rates determined in New Hampshire?
For federally funded projects, prevailing wage rates are determined by the U.S. Department of Labor through local wage surveys. These rates are published in the Wage Determinations Online (WDOL) portal on SAM.gov and include both the basic hourly wage and fringe benefits.
What are the penalties for non-compliance with Davis-Bacon regulations in New Hampshire?
Contractors who fail to comply with the Davis-Bacon Act may face several penalties. They could be required to provide back pay to workers for any underpaid wages. Additionally, contractors may incur fines for not adhering to wage regulations or certified payroll requirements. In cases of repeated violations, contractors may be debarred, disqualifying them from bidding on future federally funded public works projects.
How are fringe benefits handled under the Davis-Bacon Act in New Hampshire?
Fringe benefits are part of the total prevailing wage that must be paid to workers. Contractors can either provide fringe benefits (such as health insurance or retirement contributions) or pay the equivalent value in cash. If no fringe benefits are provided, the contractor must pay the full wage (basic hourly rate + fringe benefits) as cash wages to the worker.