Prevailing Wage and Davis-Bacon Compliance in Wyoming

Wyoming's Public Works Regulations

Wyoming's public works projects are generally governed by state procurement laws and local ordinances. However, Wyoming does not impose a state prevailing wage requirement on these projects. Where federal funds are involved, the Davis-Bacon Act applies to ensure workers are paid at least the federal prevailing wage.

Key Points:

• No Statewide Prevailing Wage Law: Wyoming repealed its own prevailing wage requirements many years ago (or did not enact any comprehensive law comparable to those in some states).
• Federal Projects: Davis-Bacon applies when a project uses federal money and meets the applicable contract thresholds (usually $2,000 or more).

Definition of "Public Works" in Wyoming

Wyoming statutes generally define "public works" as the construction, alteration, or repair of government-owned or publicly funded buildings, roads, and facilities. Examples include:

• Construction or renovation of public buildings (schools, city halls, etc.)
• Infrastructure work on roads, bridges, and utilities
• Other facilities financed or operated by a state agency, municipality, or other public entity

Even though Wyoming does not have a state prevailing wage law, if federal funding is part of the financing, Davis-Bacon rules will apply to the project.

Prevailing Wage Determinations: Federal (Davis-Bacon) Requirements

Federal (Davis-Bacon)

• Coverage: Applies to federal or federally assisted construction projects worth $2,000 or more.
• Wage Rates: Determined by the U.S. Department of Labor, published at SAM.gov (Wage Determinations).
• Fringe Benefits: Davis-Bacon rates include both a basic hourly wage and a mandatory fringe benefit amount.

State-Specific (If Applicable)

• No Active State Prevailing Wage Law: Wyoming does not set its own prevailing wage rates for state or local projects.

Components of Wage Determinations

Under federal Davis-Bacon (when it applies):

• Basic Hourly Rate: The minimum cash wage required for a particular job classification, such as carpenters, electricians, or laborers.
• Fringe Benefits: Additional compensation (health insurance, retirement plans, paid vacation, etc.). Contractors can provide benefits or pay the equivalent amount in cash on top of the basic hourly rate.
• Total Hourly Rate = Basic Hourly Rate + Fringe Benefit Amount

Contractors working on federally funded projects in Wyoming must ensure their employees receive at least the total rate (wage + fringe).

Compliance for Contractors and Subcontractors

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

1. Identify Applicable Wage Determinations: If federal funding is involved, check the correct Davis-Bacon wage schedules on SAM.gov for the county or project location.

2. Pay Required Wages & Benefits: Pay each worker in each job classification no less than the basic hourly rate plus any fringe benefit amount required.

3. Submit Certified Payroll: Federal Projects: Use the U.S. DOL Form WH-347 (or equivalent) weekly to verify that workers are paid correctly.

4. Post Wage Determinations On-Site: Davis-Bacon regulations require posting the applicable wage determination where employees can see it.

5. Recordkeeping: Keep thorough records (payroll, hours, job classifications) for at least three years following project completion.

Penalties for Non-Compliance

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

• Back Pay to compensate underpaid workers.
• Withholding of Funds by the contracting agency to remedy unpaid wages.
• Debarment from future federally funded contracts.
• Criminal Charges in extreme cases of intentional fraud or falsification of payroll documents.

Unique Aspects of Wyoming's Public Works System

• No Modern State Prevailing Wage Law: Although Wyoming once had the Wyoming Prevailing Wage Act of 1967, there is currently no active statewide prevailing wage requirement, placing Wyoming among the few states without such mandates for state- or locally funded projects.

• Heavy Reliance on Federal Standards When Applicable: In the absence of a state prevailing wage law, any public works project receiving federal funds in Wyoming falls under the Davis-Bacon Act, which sets and enforces minimum wage and fringe benefit requirements.

Relevant Resources

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

This overview offers general guidance and may be subject to change. Always consult official sources like the U.S. Department of Labor, SAM.gov, or the Wyoming Department of Workforce Services for the latest information.