
Prevailing Wage and Davis-Bacon Compliance in South Carolina
Components of Wage Determinations
Federal wage determinations for South Carolina consist of:
- Basic Hourly Rate: The minimum hourly wage that must be paid to workers for their specific job classification, excluding fringe benefits.
- Fringe Benefits: Non-cash benefits that may include health insurance, retirement plans, and vacation/holiday pay.
- Total Hourly Rate: The sum of the basic hourly rate and fringe benefits. For example, if the basic hourly rate is $20 and fringe benefits are $5, the total hourly rate would be $25. If the contractor does not provide fringe benefits, the worker must receive $25 as wages.
Compliance for Contractors and Subcontractors
Contractors and subcontractors working on federally funded public works projects in South Carolina must:
Determine the Applicable Wage Rate
Determine the Applicable Wage Rate
Contractors must identify the prevailing wage rate for each job classification and geographic area where the project is located. Wage rates are available through the Wage Determinations Online (WDOL) portal at SAM.gov.
Submit Certified Payroll Reports
Submit Certified Payroll Reports
Handle Fringe Benefits
Handle Fringe Benefits
Post Wage Rates On-Site
Post Wage Rates On-Site
Prevailing wage determinations must be posted at the job site so that workers can access information about their wages.
Maintain Accurate Payroll Records
Maintain Accurate Payroll Records
Penalties for Non-Compliance
While South Carolina doesn't have state-specific penalties, federal law enforces strict consequences for violations of the Davis-Bacon Act, which may include:
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Back pay for underpaid workers
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Fines
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Disqualification from future federally funded contracts
Unique Aspects of South Carolina's Public Works System
- No State Prevailing Wage Law: South Carolina relies solely on federal regulations for establishing prevailing wages on public works projects.
- Limited Scope: Davis-Bacon requirements only apply to federally funded projects, not all public works in the state.
- Environmental Regulations: Public works projects must comply with stringent environmental protections, particularly in ecologically sensitive areas like the Lowcountry, adding complexity to the planning and execution of such projects.
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
For the most current and detailed information, always refer to the U.S. Department of Labor website and consult with legal counsel familiar with federal labor laws and their application in South Carolina.
South Carolina Prevailing Wage FAQs
Does South Carolina have its own prevailing wage law?
No, South Carolina does not have a state-specific prevailing wage law. However, for federally funded public works projects, the federal Davis-Bacon Act requires that workers be paid prevailing wages as determined by the U.S. Department of Labor.
How are prevailing wage rates determined in South Carolina?
Prevailing wage rates for federally funded projects are determined by the U.S. Department of Labor based on local wage surveys. These rates include both a basic hourly wage and fringe benefits. Contractors can find applicable wage determinations through the Wage Determinations Online (WDOL) portal on SAM.gov.
What are the penalties for non-compliance with prevailing wage requirements in South Carolina?
Penalties for non-compliance with Davis-Bacon prevailing wage laws include the requirement to pay back wages to underpaid workers, fines, and potential disqualification from bidding on future federal projects. Repeat violators can also face debarment.
How are fringe benefits handled under the Davis-Bacon Act in South Carolina?
Contractors can either provide fringe benefits such as health insurance, pensions, and vacation pay or pay the equivalent value in cash. If no fringe benefits are provided, the total hourly wage (basic hourly rate + fringe benefits) must be paid to the worker in cash.