Prevailing Wage and Davis-Bacon Compliance in West Virginia
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 West Virginia include:
- Basic Hourly Rate: The minimum wage paid directly to workers in a specific job classification. Each West Virginia county may carry different rates because surveys are county-specific.
- 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 basic 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:
Identify Applicable Wage Determinations
Identify Applicable Wage Determinations
Pull the relevant county wage determination on SAM.gov by construction type (building, residential, highway, or heavy). Verify the schedule before bidding.
Submit Certified Payroll Reports
Submit Certified Payroll Reports
File the DOL WH-347 form, effective January 6, 2025, weekly with the contracting agency to ensure appropriate wages and fringe benefits are paid to workers.
Pay the Correct Wage and Fringe Benefits
Pay the Correct Wage and Fringe Benefits
Post Wage Rates On-Site
Post Wage Rates On-Site
Maintain Proper Documentation
Maintain Proper Documentation
Keep payroll, hours, classifications, and worker contact information (telephone and email) 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:
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Liquidated Damages of $33 per worker per day for overtime violations under the Contract Work Hours and Safety Standards Act (2025 figure, adjusted annually)
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Back Pay to compensate underpaid workers, with prime contractors liable for unpaid wages owed by their subcontractors
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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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Criminal Penalties for willful falsification of certified payroll under federal false statement statutes
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Debarment for up to three years from future federal contracts
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 wage mandate, federally funded or assisted construction in West Virginia is governed by Davis-Bacon.
- West Virginia Jobs Act Local Hire Rule: State-funded public improvement projects of $500,000 or more must hire at least 75 percent of workers from the local labor market, defined as any West Virginia county or any county within 50 miles of the state border. Workforce West Virginia issues waivers when qualified local workers are unavailable within three business days.
Relevant Resources
- U.S. Department of Labor Davis-Bacon: Wage Determinations on SAM.gov
- West Virginia Division of Labor: Wage and Hours
- U.S. Department of Labor Wage and Hour Division: Davis-Bacon and Related Acts
- 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.
West Virginia Prevailing Wage FAQs
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?
Yes. Fringe benefits are part of the total prevailing wage rate. Contractors can provide them via bona fide benefits such as health insurance, retirement, or paid leave, or pay the equivalent amount in cash on top of the basic hourly rate. Total compensation must equal at least the basic rate plus the fringe rate for every hour worked.
Does partial federal funding trigger Davis-Bacon requirements in West Virginia?
Yes. Whenever a project receives any amount of federal funding or federal financial assistance, Davis-Bacon applies if the total construction cost meets or exceeds $2,000. Even if state or local money also funds the project, the federal portion makes the entire project subject to Davis-Bacon prevailing wage standards.