
Prevailing Wage and Davis-Bacon Compliance in Utah
Components of Wage Determinations
Federal wage determinations for Utah include:
- Basic Hourly Rate: The minimum hourly wage that contractors must pay workers, excluding fringe benefits.
- Fringe Benefits: Non-cash benefits 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 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:
Determine Applicable Wage Rates
Determine Applicable Wage Rates
Submit Certified Payroll Reports
Submit Certified Payroll Reports
Handle Fringe Benefits
Handle Fringe Benefits
Post Wage Rates On-Site
Post Wage Rates On-Site
Display prevailing wage rates at the job site for workers' awareness.
Maintain Proper Documentation
Maintain Proper Documentation
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:
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Fines
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Back wages for underpaid workers
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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
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.
Utah Prevailing Wage FAQs
Does Utah have its own prevailing wage law?
No, Utah does not have a state-specific prevailing wage law. Federally funded projects in Utah follow the Davis-Bacon Act.
How are prevailing wage rates determined for public works projects in Utah?
Prevailing wage rates for federally funded projects are determined by the U.S. Department of Labor through local wage surveys.
What are the penalties for non-compliance with prevailing wage laws in Utah?
Penalties for non-compliance include fines, back pay for underpaid workers, and potential disqualification from future federally funded projects.
How are fringe benefits handled under the Davis-Bacon Act in Utah?
Contractors must either provide fringe benefits or pay their equivalent value in cash. If fringe benefits are not provided, the total hourly wage must be paid directly to the worker.