Prevailing Wage and Davis-Bacon Compliance in Rhode Island
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
Both federal and state wage determinations in Rhode Island include the following components:
- Basic Hourly Rate: The minimum wage rate paid directly to workers in a specific job classification. Both the federal Davis-Bacon Act and Rhode Island's prevailing wage law require contractors to pay this basic wage on public works projects.
- Fringe Benefits: Health insurance, retirement, paid leave, or other benefits paid on top of the basic rate.
- Total Hourly Rate: The sum of the basic hourly rate and fringe benefits.
Contractors can satisfy the fringe benefit obligation by providing bona fide benefits or by paying the equivalent value as additional cash wages on top of the basic rate.
Compliance for Contractors and Subcontractors
Contractors and subcontractors working on public works projects in Rhode Island must follow these steps to comply with prevailing wage requirements:
Determine Applicable Wage Rates
Determine Applicable Wage Rates
For federal projects, use the U.S. Department of Labor's wage determinations on SAM.gov by county and construction type. For state and municipal projects, use DLT's published rates derived from those Davis-Bacon determinations, and adjust each July 1 to reflect updated rates.
Submit Certified Payroll Reports
Submit Certified Payroll Reports
For state and municipal projects, file the Rhode Island Certified Weekly Payroll Forms with the awarding authority monthly for the preceding month's work under R.I. Gen. Laws § 37-13-13. Substituting Form WH-347 or company forms is not acceptable. Forms must be signed by an owner or corporate officer. For federally funded projects, file Form WH-347 weekly with the contracting agency. The DOL released a revised WH-347 effective January 6, 2025.
Pay Correct Wages
Pay Correct Wages
Ensure each worker receives the correct prevailing wage, which includes the basic hourly wage plus the applicable fringe benefit, paid as cash or as a combination of cash and bona fide benefits.
Post Wage Rates On-Site
Post Wage Rates On-Site
Maintain Accurate Records
Maintain Accurate Records
Keep payroll, hours, classifications, and fringe benefit documentation for at least three years after project completion, and produce records to DLT within ten days of any request. Projects with general contracts of $1,000,000 or more also require an on-site Rhode Island Certified Prevailing Wage Daily Log of employees working each day.
Penalties for Non-Compliance
Failure to comply with prevailing wage laws in Rhode Island may result in:
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- Withholding of Contract Payments to satisfy unpaid wages
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Disqualification from bidding on future public works contracts
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Back Wages owed to underpaid workers
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Civil Penalty of at least $100 per calendar day of noncompliance with certified payroll form requirements under § 37-13-13
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Penalty of up to $500 per calendar day for various certified payroll, daily log, and posting violations
Unique Aspects of Rhode Island's Prevailing Wage System
- Rhode Island Certified Weekly Payroll Forms: Contractors cannot substitute Form WH-347 or company forms on state and municipal projects. The RI form is required and submitted monthly to the awarding authority for the preceding month's work.
- Daily Logs on Larger Projects: Public works projects with general contracts of $1,000,000 or more require a daily log of employees working each day, maintained on site.
- Weekly Wage Payments: Workers on public works projects must be paid weekly under R.I. Gen. Laws § 37-13-3, with overtime after eight hours in a day or forty hours in a week.
- Apprenticeship Ratio Requirements: Apprentices working outside the approved ratio must receive the full journey worker prevailing wage, and unregistered apprentices receive the full rate regardless of ratio.
Relevant Resources
- Rhode Island Department of Labor and Training (DLT): Prevailing Wage Information: Rhode Island Prevailing Wage Information
- U.S. Department of Labor Certified Payroll Form: Form WH-347 (Revised January 2025)
- 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.
Rhode Island Prevailing Wage FAQs
What is the Rhode Island Prevailing Wage Law?
R.I. Gen. Laws § 37-13 requires contractors and subcontractors on state or municipal public works projects to pay workers no less than the prevailing wage rates established by the Rhode Island Department of Labor and Training (DLT). The law applies to projects funded by state or municipal money exceeding $1,000. DLT bases Rhode Island rates on federal Davis-Bacon determinations published on SAM.gov.
How are prevailing wage rates determined in Rhode Island?
DLT bases Rhode Island prevailing wage rates on federal Davis-Bacon wage determinations published on SAM.gov for each county and construction type. Contractors must adjust wage rates each July 1 to reflect updated Davis-Bacon determinations. For federally funded projects, contractors apply the determination in effect ten days before bid opening.
What are the penalties for non-compliance with prevailing wage laws in Rhode Island?
Penalties include back wages, a civil penalty of at least $100 per calendar day of noncompliance with certified payroll form requirements under § 37-13-13, a penalty of up to $500 per calendar day for other noncompliance, withholding of contract payments, and disqualification from future public works contracts. Federal Davis-Bacon penalties layer on top when federal funds are involved.
How are fringe benefits handled under Rhode Island’s prevailing wage laws?
Contractors must provide bona fide fringe benefits such as health insurance, retirement, or paid leave, 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 wage determination. If no fringe benefits are provided, the full total hourly rate must be paid as cash directly to the worker.