Prevailing Wage and Davis-Bacon Compliance in Utah

Utah's Public Works Regulations

Unlike some states, Utah does not have a specific prevailing wage law. However, public works projects in Utah are subject to federal regulations if federal funding is involved:

• Federal Law: The Davis-Bacon and Related Acts (DBRA) apply to Utah's federally funded or assisted construction projects.
• State Law: Utah does not have a "Little Davis-Bacon Act" or any state-specific prevailing wage law.

Definition of "Public Works" in Utah

In Utah, public works generally refer to construction, reconstruction, improvement, repair, or maintenance projects funded wholly or partially by public funds. These projects may include:

• Roads, highways, and bridges

• Public buildings, schools, and government facilities

• Water and sewage treatment plants

• Parks and recreational facilities

Utah's federally funded public works projects are subject to prevailing wage requirements under the Davis-Bacon Act.

Prevailing Wage Determinations: Federal (Davis-Bacon) Requirements

Since Utah lacks state-specific prevailing wage laws, the U.S. Department of Labor sets prevailing wages for federally funded projects under the Davis-Bacon Act. Key points include:

• The U.S. Department of Labor determines prevailing wages through local wage surveys.
• These rates include a basic hourly wage and fringe benefits for different job classifications.
• Contractors must consult the federal General Wage Determinations published by the U.S. Department of Labor.

Components of Wage Determinations

Federal wage determinations for Utah include:

1. Basic Hourly Rate: The minimum hourly wage contractors must pay workers, excluding fringe benefits.
2. Fringe Benefits: Non-cash benefits may include health insurance, retirement plans, and vacation/holiday pay.
3. 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 a 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 Utah must:

1. Determine Applicable Wage Rates:
   • Use the Wage Determinations Online (WDOL) portal via SAM.gov to identify the correct prevailing wage rates for each job classification and project location.
2. Submit Certified Payroll Reports:
   • Utilize the U.S. Department of Labor's WH-347 form or an equivalent to ensure appropriate wages and fringe benefits are paid to workers.
3. Handle Fringe Benefits:
   • Ensure that workers receive the full prevailing wage rate, including fringe benefits.
4. Post Wage Rates On-Site:
   • Display prevailing wage rates at the job site for workers' awareness.
5. Maintain Proper Documentation:
   • Keep records of all wages paid to employees for inspection in case of audits or investigations.

Penalties for Non-Compliance

While Utah does not have state-specific penalties, federal law imposes strict consequences for violations of the Davis-Bacon Act, including:

• Back wages for underpaid workers
• Fines
• Disqualification from future federally funded projects

Unique Aspects of Utah's Public Works System

• Reliance on Federal Regulations for Prevailing Wages: Utah relies solely on the federal Davis-Bacon Act for wage determinations on federally funded or assisted construction projects because state-specific prevailing wage laws do not exist.
• Focus on Infrastructure Growth in a Rapidly Expanding State: As Utah experiences significant population and economic growth, the state prioritizes public works projects that support expanding infrastructure, such as highways, water systems, and schools.

Relevant Resources

• U.S. Department of Labor: Wage Determinations Online (WDOL)
• Certified Payroll Form WH-347

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 Utah.