
Prevailing Wage and Davis-Bacon Compliance in Wyoming
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:
Identify Applicable Wage Determinations
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.
Pay Required Wages & Benefits
Pay Required Wages & Benefits
Submit Certified Payroll
Submit Certified Payroll
Post Wage Determinations On-Site
Post Wage Determinations On-Site
Recordkeeping
Recordkeeping
Penalties for Non-Compliance
While Wyoming doesn't have state-specific penalties, federal law imposes strict consequences for Davis-Bacon Act violations, including:
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Back Pay to compensate underpaid workers
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Withholding of Funds by the contracting agency to remedy unpaid wages
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Debarment from future federally funded contracts
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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.
Wyoming Prevailing Wage FAQs
Does Wyoming have a state prevailing wage law?
No. Wyoming does not have a state prevailing wage requirement. Only federally funded projects in Wyoming follow the Davis-Bacon Act, which sets minimum wages and fringe benefits for public works.
How are wage rates determined for federally funded projects in Wyoming?
Wage rates are determined by the U.S. Department of Labor under the Davis-Bacon Act. Contractors must use the applicable wage determination for the project's location, available at SAM.gov.
How are fringe benefits handled without a state law in Wyoming?
In the absence of a state requirement, Davis-Bacon rules apply for federally funded projects. Contractors must provide bona fide fringe benefits—health coverage, retirement, paid leave—or pay an equivalent cash amount in addition to the basic wage if the job is covered by Davis-Bacon.
What Penalties Can Contractors Face if They Don’t Comply with Davis-Bacon?
Possible penalties for non-compliance include back pay to compensate underpaid workers, withholding of funds by the contracting agency, debarment from future federally funded contracts, and, in extreme cases of intentional fraud or falsification of payroll documents, criminal charges.