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Prevailing Wage and Davis-Bacon Compliance in Wyoming

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.

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Wyoming's Public Works Regulations

Wyoming's public works projects are governed by state procurement laws under Wyoming Statutes Title 16, Chapter 6, and by local ordinances. Wyoming does not impose a state prevailing wage requirement on these projects. When federal funds are involved, the Davis-Bacon Act applies and sets minimum hourly wages and fringe benefits for covered workers.

  • No Statewide Prevailing Wage Law: Wyoming repealed its own prevailing wage requirements and has not enacted a successor statute. State and locally funded construction in Wyoming carries no prevailing wage floor.
  • Federal Projects: Davis-Bacon applies when a project uses federal funds or federal financial assistance 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, water systems, and utilities
  • Facilities financed or operated by a state agency, municipality, or other public entity
  • Federally assisted energy projects (solar arrays, wind turbines, broadband infrastructure, EV charging stations)

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.

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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 and published on SAM.gov by county and construction type (Wage Determinations).
  • Fringe Benefits: Davis-Bacon rates include both a basic hourly wage and a mandatory fringe benefit amount.

State-Specific

  • 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. Wyoming counties carry different rates because surveys are county-specific.
  • Fringe Benefits: Additional compensation (health insurance, retirement plans, paid vacation, etc.). Contractors can provide bona fide benefits or pay the equivalent 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:

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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 project county and construction type (building, residential, highway, or heavy). Verify the schedule before bidding.

Pay Required Wages & Benefits

Pay Required Wages & Benefits

Pay each worker in each job classification no less than the basic hourly rate plus any fringe benefit amount required.

Submit Certified Payroll

Submit Certified Payroll

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

Post Wage Determinations On-Site

Post Wage Determinations On-Site

Davis-Bacon regulations require posting the applicable wage determination where employees can see it.

Recordkeeping

Recordkeeping

Keep payroll, hours, job classification, and worker contact information (telephone and email) for at least three years after 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:

  • Criminal Charges in extreme cases of intentional fraud or falsification of payroll documents

  •  Withholding of Funds by the contracting agency, including cross-withholding from any other federal contract held by the same contractor

  • Civil Penalties per violation for late, inaccurate, or falsified certified payroll submissions

  • Back Pay to compensate underpaid workers

  • Debarment from future federally funded contracts

Unique Aspects of Wyoming's Public Works System

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: Any Wyoming public works project receiving federal funds falls under the Davis-Bacon Act, which sets and enforces minimum wage and fringe benefit requirements.

  • Active Litigation Note: A June 2024 nationwide preliminary injunction blocked three provisions of the Davis-Bacon rule covering material suppliers, delivery truck drivers, and automatic clause application. Confirm the current enforcement posture on those specific provisions before relying on them.
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Relevant Resources

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.

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 or federally assisted construction projects in Wyoming carry prevailing wage obligations from the Davis-Bacon Act and its related acts, which set minimum hourly wages and fringe benefits for covered public works.

How are wage rates determined for federally funded projects in Wyoming?

Wage rates are set by the U.S. Department of Labor under the Davis-Bacon Act based on county-level surveys and construction type. 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 govern fringe benefits for federally funded projects. Contractors must provide bona fide fringe benefits such as health coverage, retirement, and paid leave, or pay an equivalent cash amount on top of the basic hourly wage. Total compensation must equal at least the basic rate plus the fringe rate listed on the applicable SAM.gov wage determination.

What Penalties Can Contractors Face if They Don’t Comply with Davis-Bacon?

Possible penalties include back pay to underpaid workers, withholding of contract funds by the contracting agency, debarment from future federally funded contracts, civil penalties per violation for late or inaccurate certified payroll, and criminal charges in cases of intentional fraud or falsification. Prime contractors are liable for unpaid wages owed by their subcontractors, and the DOL can cross-withhold from any other federal contract held by the violating contractor.

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