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Prevailing Wage and Davis-Bacon Compliance in West Virginia

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West Virginia's Public Works Regulations

West Virginia previously had a state prevailing wage law, but it was repealed in 2016. As a result, there is no longer a statewide prevailing wage requirement for purely state-funded public works projects. The Davis-Bacon Act applies when projects in West Virginia involve federal funding or assistance.

Definition of "Public Works" in West Virginia

While West Virginia no longer maintains a state prevailing wage law, "public works" is generally understood to include the construction, alteration, demolition, or repair of public buildings, roads, or other publicly owned or financed facilities. If federal funds are involved, Davis-Bacon rules apply to construction projects over $2,000.

Examples:

Public school or municipal building projects
Highway and bridge construction using federal assistance
Other infrastructure improvements financed in part by federal grants or loans

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Prevailing Wage Determinations: Federal (Davis-Bacon) Requirements

Since West Virginia doesn't have 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:

Coverage: Applies to federal or federally assisted construction projects valued at $2,000 or more.
Wage Rates: The U.S. Department of Labor (DOL) issues wage determinations, accessible via SAM.gov (Wage Determinations).
Fringe Benefits: Must be paid in addition to the basic hourly wage or provided through bona fide benefit plans.

Components of Wage Determinations

Federal wage determinations for West Virginia include:

Basic Hourly Rate: The minimum wage rate paid directly to workers in a specific job classification.
Fringe Benefits: Additional compensation such as health insurance, pensions, or paid leave. Under Davis-Bacon, contractors can either provide the required fringe benefits or pay the equivalent in cash on top of the basic rate.
Total Hourly Rate: The sum of the introductory hourly rate and fringe benefits.

For federally funded projects in West Virginia, contractors must comply with the wage determinations listed for each classification under Davis-Bacon, ensuring the total pay meets or exceeds the combined hourly and fringe rates.

Compliance for Contractors and Subcontractors

Contractors and subcontractors working on federally funded public works projects in West Virginia must:

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Identify Applicable Wage Determinations

Go to SAM.gov and look up the wage determination for the project's location and job classifications.

Submit Certified Payroll Reports

Use the U.S. Department of Labor's WH-347 form or equivalent to ensure appropriate wages and fringe benefits are paid to workers.

Pay the Correct Wage and Fringe Benefits

Verify that each worker's total compensation meets the Davis-Bacon wage plus fringes or an equivalent cash payment.

Post Wage Rates On-Site

Federal law requires posting the applicable wage determination where workers can see it.

Maintain Proper Documentation

Maintain payroll and timekeeping records for at least three years after project completion.

Penalties for Non-Compliance

While West Virginia doesn't have state-specific penalties, federal law imposes strict consequences for Davis-Bacon Act violations, including:

Payment of back wages for underpaid workers
Civil and administrative penalties
Debarment from future federal contracts
In extreme cases involving fraud, criminal penalties may apply

Unique Aspects of West Virginia's Public Works System

Repeal of the State Prevailing Wage Law: West Virginia once had a statewide prevailing wage law for public works, but it was repealed in 2016.
Reliance on Federal Davis-Bacon for Funded Projects: With no state-level wage mandates, federally funded or assisted construction projects in West Virginia default exclusively to Davis-Bacon rules.

Relevant Resources

U.S. Department of Labor Davis-Bacon Wage Determinations: Wage Determinations Online
U.S. Department of Labor Wage and Hour Division: Davis-Bacon and Related Acts

This information is provided as a general guide and may change. Always consult official resources, such as the U.S. Department of Labor and the West Virginia Division of Labor, or seek legal counsel for the most current compliance requirements.

Does West Virginia have a State Prevailing Wage Law?

No. West Virginia repealed its state prevailing wage law in 2016, so there is no statewide requirement for projects funded solely with state money. Federally funded or assisted projects, however, are still subject to Davis-Bacon requirements.

How are wage rates determined for federally funded projects in West Virginia?

The wage rates come from federal Davis-Bacon wage determinations, which specify both the basic hourly rate and fringe benefits for each classification of worker. Contractors must use the appropriate county-specific wage schedules listed on SAM.gov.

Are fringe benefits mandatory under Davis-Bacon in West Virginia?

Fringe benefits are part of the total prevailing wage rate. Contractors can provide them via bona fide benefits (e.g., health insurance, retirement) or by paying that equivalent amount in cash on top of the worker's basic hourly rate.

Does partial federal funding trigger Davis-Bacon requirements in West Virginia?

Yes. Whenever a project receives any amount of federal funding or assistance—regardless of whether it's partial or full—Davis-Bacon rules apply if the total construction cost meets or exceeds $2,000. Even if the project is also funded by state or local sources, the federal portion makes it subject to Davis-Bacon prevailing wage standards.

Prevailing Wage and Davis-Bacon Compliance in West Virginia

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