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Washington State Prevailing Wage and Public Works Regulations

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Washington's Public Works Regulations

Washington State's prevailing wage laws are governed by both state and federal regulations. They apply to public works projects financed by state or local government funds as well as federally funded projects.

State Law: Washington State's prevailing wage laws are codified in Revised Code of Washington (RCW) 39.12, covering all state and locally funded public works projects.
Federal Law: The Davis-Bacon Act (DBA) applies to federally funded public works projects, requiring contractors and subcontractors to meet specific wage standards.

Washington has its own "Little Davis-Bacon Act," which requires prevailing wages to be paid on all public works projects financed by state or local entities, regardless of the project size.

Definition of "Public Works" in Washington

Washington defines "public works" as any construction, repair, or improvement project financed by public funds. This includes infrastructure projects such as roads, bridges, public schools, and government buildings.

The state's definition also covers maintenance contracts and building services, ensuring that a wide range of public works is included under prevailing wage requirements.

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Prevailing Wage Determinations: Federal (Davis-Bacon) and State-Specific Requirements

Federal Davis-Bacon Act (DBA)

Under the DBA, contractors and subcontractors on federally funded projects must pay workers wages that are at least equal to the prevailing wage rates for similar work in the area. The U.S. Department of Labor sets these rates.

Washington State-Specific Requirements

Washington's prevailing wage law mandates that prevailing wages be paid on public works projects, regardless of the project's size or funding source. Key aspects include:

Wage Rates: The Washington State Department of Labor & Industries (L&I) sets prevailing wage rates based on labor agreements and wage surveys.
Scope: All state and locally-funded public works projects are subject to prevailing wage requirements.
Annual Updates: Prevailing wage rates are updated biannually in Washington, with new rates typically published in March and September.

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, and other non-cash benefits.
Total Hourly Rate: If the contractor does not provide fringe benefits, the sum of the basic hourly rate and fringe benefits must be paid as wages.

For example, if the basic hourly rate is $40 and fringe benefits are $15, the total hourly rate would be $55. Workers must receive the full $55 in wages if the contractor does not provide fringe benefits.

Compliance for Contractors and Subcontractors

Contractors and subcontractors on public works projects in Washington must:

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Determine Applicable Wage Rates

For federally funded projects, use the U.S. Department of Labor's SAM.gov portal and the Washington State L&I website for state and local projects.

Submit Certified Payroll

Contractors must submit certified payroll records to the contracting agency or the state.

Handle Fringe Benefits

Either provide fringe benefits as specified or pay the equivalent value as wages.

Post Wage Rates On-Site

Display the current prevailing wage rates at the job site in a visible location.

Maintain Records

Keep payroll records and other relevant documents for at least three years after project completion.

Penalties for Non-Compliance

Washington State imposes strict penalties for contractors that fail to comply with prevailing wage laws, including:

Payment of Back Wages: Contractors must pay workers any difference between wages and prevailing wage rates.
Fines: Violators may face penalties for non-compliance.
Debarment: Contractors who repeatedly violate the law may be barred from bidding on public works projects for up to two years.
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 a wide range of public works projects, regardless of project cost or size.
Frequent Updates: Washington updates prevailing wage rates more frequently than most states, with changes occurring twice yearly.
Apprenticeship Ratios: Washington mandates specific apprentice-to-journey worker ratios for certain projects, supporting the development of skilled trades.

Relevant Resources

For current and detailed information, consult the Washington State L&I website and seek advice from professionals familiar with Washington labor laws.

What is prevailing wage?

The prevailing wage is a base pay rate established by State and Federal law to ensure that all construction workers engaged in public works projects are paid adequately for the craft they are working in. It is a combination of an hourly pay rate plus fringe benefits. Payment of the prevailing wage ensures that contractors will hire qualified workers and the City will therefore receive quality work.

Who is subject to receiving prevailing wages?

All construction personnel working on a publicly funded project must receive prevailing wages.

What about apprentices?

State law requires that apprentices be employed on all public works projects. If no apprentices are available or the work is not in an apprenticeable craft, proper documentation must be submitted to indicate this. All apprentices must be in a State approved program and must be in an appropriate ratio to the hours worked by the of journeymen present. If the project has federal funding, apprentices must be in a federally approved program.

How are prevailing wage rates determined in Washington?

In Washington State, the Department of Labor & Industries (L&I) determines prevailing wage rates based on collective bargaining agreements (CBAs) within each county. If no CBAs are available for a specific trade or occupation, L&I conducts wage and hour surveys to establish the prevailing wage. These rates are updated twice a year, typically in March and September.