Prevailing Wage and Davis-Bacon Compliance in Oklahoma
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 Oklahoma include:
- Basic Hourly Rate: The minimum hourly wage paid directly to workers in a specific job classification, set by DOL through local wage surveys.
- Fringe Benefits: Non-cash compensation such as health insurance, retirement plans, and vacation or holiday pay paid on top of the basic rate.
- Total Hourly Rate: The sum of the basic hourly wage and fringe benefits. Contractors can provide bona fide fringe benefits directly or pay the equivalent value as additional cash on top of the basic rate. If no fringe benefits are provided, the full total hourly rate must be paid as cash, matching the basic rate plus the fringe rate listed on the applicable SAM.gov wage determination.
Compliance for Contractors and Subcontractors
To adhere to federal prevailing wage laws, contractors and subcontractors in Oklahoma involved in federally funded public works projects must follow these steps:
Determine Applicable Wage Rates
Determine Applicable Wage Rates
Pull the DOL wage determination for the project locality and construction type from SAM.gov, applying the determination in effect ten days before bid opening.
Submit Certified Payroll Reports
Submit Certified Payroll Reports
File Form WH-347 weekly with the contracting agency. On federally funded Oklahoma DOT highway projects, certified payroll is submitted through ODOT's Contract Compliance program.
Pay the Correct Wages
Pay the Correct Wages
Post Wage Rates On-Site
Post Wage Rates On-Site
Maintain Proper Documentation
Maintain Proper Documentation
Penalties for Non-Compliance
While Oklahoma does not enforce state-specific penalties, federal law imposes strict consequences for violations of the Davis-Bacon Act, including:
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Back Wages owed to underpaid workers
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Withholding and cross-withholding of contract payments
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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 Oklahoma's Public Works System
- No Statewide Prevailing Wage Law: Oklahoma does not maintain a state-mandated prevailing wage system, relying instead on federal Davis-Bacon Act requirements for federally funded projects.
- Emphasis on Cost Efficiency: The public works system in Oklahoma prioritizes competitive bidding and cost-effective project delivery, minimizing wage-related regulations at the state level.
- ODOT Davis-Bacon Compliance Program: For federally funded Oklahoma Department of Transportation highway projects, ODOT administers Davis-Bacon compliance through its Contract Compliance program, including certified payroll review, wage classification questions, and on-site interviews.
- State Labor Oversight Without State Prevailing Wage: The Oklahoma Department of Labor enforces general wage and hour rules on construction work performed in Oklahoma, including the Oklahoma Minimum Wage Act, even where no prevailing wage applies.
Relevant Resources
- Oklahoma Department of Labor
- Oklahoma DOT - Davis-Bacon Act Reporting Compliance Guidance (PDF)
- U.S. Department of Labor Davis-Bacon: Wage Determinations On SAM.gov
- 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.
Oklahoma Prevailing Wage FAQs
Does Oklahoma have its own prevailing wage law?
No. Oklahoma does not have a state-specific prevailing wage law, and the law has not been replaced. For federally funded or assisted public works projects of $2,000 or more, the federal Davis-Bacon Act applies.
How are prevailing wage rates determined in Oklahoma?
For federally funded projects, the U.S. Department of Labor sets prevailing wage rates by county and construction type through local wage surveys, published on SAM.gov. Contractors apply the determination in effect ten days before bid opening.
What are the penalties for non-compliance with prevailing wage laws in Oklahoma?
Federal Davis-Bacon penalties include back wages, withholding and cross-withholding of contract payments, civil penalties per violation, CWHSSA liquidated damages per worker per day for overtime violations on covered contracts of $100,000 or more, termination of the federal contract, three-year debarment from federally funded contracts, and criminal prosecution for willful violations. The Oklahoma Department of Labor can also impose state-side administrative remedies for minimum wage and wage payment timing violations.
How are fringe benefits handled under the Davis-Bacon Act in Oklahoma?
Contractors must provide bona fide fringe benefits such as health insurance and retirement plans, 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 listed on the applicable SAM.gov wage determination. If no fringe benefits are provided, the full total hourly rate must be paid as cash directly to the worker.