Prevailing Wage and Davis-Bacon Compliance in Utah
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 Utah include:
- Basic Hourly Rate: The minimum hourly wage that contractors must pay workers, excluding fringe benefits. Utah counties carry different rates because Davis-Bacon surveys are county-specific.
- Fringe Benefits: Health insurance, retirement plans, 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.
For example, if the basic hourly rate is $20 and fringe benefits are $5, the total hourly rate is $25. Workers must receive the full $25 in cash wages if the contractor does not provide fringe benefits, or a combination of basic wage and bona fide benefits totaling $25 per hour worked.
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
Use the U.S. Department of Labor's wage determinations on SAM.gov to identify the correct prevailing wage rate for each job classification and project location, including UDOT federal-aid highway projects and DFCM state building projects with federal funding.
Submit Certified Payroll Reports
Submit Certified Payroll Reports
File the U.S. Department of Labor's revised Form WH-347 weekly with the contracting agency to ensure appropriate wages and fringe benefits are paid to workers.
Handle Fringe Benefits
Handle Fringe Benefits
Ensure that workers receive the full prevailing wage rate, including fringe benefits, paid as cash or as a combination of cash and bona fide benefits.
Post Wage Rates On-Site
Post Wage Rates On-Site
Display the applicable wage determination at the job site where workers can see it.
Maintain Proper Documentation
Maintain Proper Documentation
Keep payroll, hours, classifications, and worker contact information (telephone and email must be produced on DOL request) for at least three years after project completion.
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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Back Wages owed to underpaid workers, with prime contractors liable for unpaid wages owed by their subcontractors
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Liquidated Damages of $33 per worker per day for overtime violations under the Contract Work Hours and Safety Standards Act
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Withholding of Funds by the contracting agency, including cross-withholding from any other federal contract held by the same contractor
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Debarment for up to three years from future federally funded contracts
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Criminal Penalties for willful falsification of certified payroll under federal false statement statutes
Unique Aspects of Utah's Public Works System
- Reliance on Federal Davis-Bacon: Public works wage requirements come solely from the federal Davis-Bacon Act on federally funded or assisted construction because state-specific prevailing wage laws do not exist.
- Federal Spending in a Growing State: Utah's strong population and infrastructure growth has expanded the share of construction work covered by Davis-Bacon, particularly through Inflation Reduction Act and Infrastructure Investment and Jobs Act spending on energy, transportation, and broadband.
- Agency Administration: UDOT administers federal-aid highway construction and enforces Davis-Bacon on those contracts, while the Division of Facilities Construction and Management oversees most state building projects, including those that receive federal funds.
Relevant Resources
- U.S. Department of Labor Davis-Bacon: Wage Determinations On SAM.gov
- DOL Form WH-347 (Revised January 2025)
- Updating the Davis-Bacon and Related Acts Regulations - DOL Final Rule
- Utah Department of Transportation: Contractor Resources
- Davis-Bacon and Related Acts: DOL Wage and Hour Division
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.
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 county-level wage surveys and published on SAM.gov by construction type. Contractors apply the determination in effect ten days before bid opening.
What are the penalties for non-compliance with prevailing wage laws in Utah?
Penalties for non-compliance include back wages, withholding and cross-withholding of contract payments from any federal contract held by the same contractor, debarment for up to three years, CWHSSA liquidated damages of $33 per worker per day for overtime violations (2025 figure, adjusted annually), and criminal exposure for willful falsification. Under the 2023 final rule, prime contractors are also liable for unpaid wages owed by their subcontractors.
How are fringe benefits handled under the Davis-Bacon Act in Utah?
Contractors must provide bona fide fringe benefits or pay the equivalent value as additional cash wages 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 fringe benefits are not provided, the full total hourly rate must be paid as cash directly to the worker.