Washington State Prevailing Wage and Public Works Regulations
Components of Wage Determinations
Wage determinations in Washington include:
- Basic Hourly Rate: The minimum wage paid to workers in a specific classification.
- Fringe Benefits: Additional compensation in health insurance, retirement, or paid leave.
- Total Hourly Rate: The basic hourly rate plus fringe benefits. Contractors can provide bona fide fringe benefits or pay the fringe value as additional cash on top of the basic rate.
For example, if the basic hourly rate is $40 and fringe benefits are $15, the total hourly rate is $55. Workers must receive the full $55 in cash wages if the contractor does not provide fringe benefits, or a combination of basic wage and bona fide benefits totaling $55 per hour worked.
Compliance for Contractors and Subcontractors
Contractors and subcontractors on public works projects in Washington must:
Determine Applicable Wage Rates
Determine Applicable Wage Rates
Use the L&I online wage lookup for state and local projects and SAM.gov for federally funded projects. When both apply, pay the higher rate for each classification.
Submit Certified Payroll
Submit Certified Payroll
File weekly certified payroll directly with L&I, typically through the L&I XML upload system. On federally funded projects, also file weekly Form WH-347 with the contracting agency.
Handle Fringe Benefits
Handle Fringe Benefits
Meet Apprentice Utilization Requirements
Meet Apprentice Utilization Requirements
On covered contracts, ensure at least 15 percent of labor hours are performed by registered apprentices under RCW 39.04.320.
Post Wage Rates On-Site
Post Wage Rates On-Site
Display current prevailing wage rates at the job site in a visible location.
Maintain Records
Maintain Records
File an Affidavit of Wages Paid
File an Affidavit of Wages Paid
Penalties for Non-Compliance
Washington State imposes strict penalties for contractors that fail to comply with prevailing wage laws, including:
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Payment of Back Wages: Contractors must pay workers any difference between wages and the prevailing wage rates.
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Civil Penalty for Underpayment: The greater of $1,000 or 20 percent of the total prevailing wage violation under RCW 39.12.065.
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Civil Penalty for False or Missing Filings: $500 per false filing or failure to file under RCW 39.12.050.
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Debarment: One year for two RCW 39.12.050 violations within five years, two years for two RCW 39.12.065 violations within five years, and continuing debarment until all penalties are paid.
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Alter-Ego Debarment (effective January 1, 2026): Senate Bill 6111 extends sanctions to companies with substantially identical operations, ownership, or management to a debarred entity.
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Criminal Charges: Criminal penalties may be applied in cases of willful non-compliance.
Unique Aspects of Washington's Prevailing Wage System
- Broad Application: Washington's prevailing wage laws apply to all public works projects regardless of project cost or size.
- Twice-Yearly Rate Updates: L&I publishes new rates on the first business day of February and August, with rates taking effect 30 days after publication.
- Apprentice Utilization Requirement: Under RCW 39.04.320, public works contracts above the project cost threshold must require that at least 15 percent of labor hours be performed by registered apprentices. The municipal threshold drops to $1,500,000 for contracts advertised for bid on or after July 1, 2026, from $2,000,000 currently.
- Mandatory L&I Filings: Intent and Affidavit filings under RCW 39.12.040 gate awarding-agency payment and final close-out, making timely filing a cash-flow requirement, not just a paperwork task.
Relevant Resources
- Davis-Bacon Wage Determinations on SAM.gov
- RCW Chapter 39.12 - Prevailing Wages on Public Works
- Washington L&I Prevailing Wage Rates - L&I Wage Lookup
- Certified Payroll Form: DOL Form WH-347
- 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.
Washington Prevailing Wage FAQs
What is prevailing wage?
Prevailing wage is the hourly pay rate plus fringe benefits required by state and federal law for construction workers on public works projects. In Washington, the rate is set by L&I for each craft and county based on labor agreements and wage surveys. Paying the prevailing wage helps ensure that public works projects are staffed by qualified workers and that wages reflect local labor market conditions.
Who is subject to receiving prevailing wages?
Every laborer, mechanic, or other construction worker performing work on a publicly funded project in Washington must receive at least the applicable prevailing wage. Coverage applies to state, county, city, and other public agency contracts under RCW 39.12, and to federally funded projects under the Davis-Bacon Act when contract value reaches $2,000.
What about apprentices?
Apprentice utilization is required on public works contracts above a project cost threshold. Under RCW 39.04.320, at least 15 percent of labor hours must be performed by registered apprentices. The municipal threshold steps down to $1,500,000 for contracts advertised for bid on or after July 1, 2026, from $2,000,000 currently. Apprentices must be in a state-approved program, or a federally approved program if the project receives federal funds, and must work in an appropriate ratio to the journey workers present. If no apprentices are available or the craft is not apprenticeable, contractors must document the exception.
How are prevailing wage rates determined in Washington?
L&I sets prevailing wage rates based on collective bargaining agreements within each county. When no agreement is available for a specific trade or occupation, L&I conducts a wage and hour survey to establish the rate. New rates are published on the first business day of February and August and take effect 30 days after publication. Contractors apply the rate in effect on the bid due date for the duration of the project.