The prevailing wage rate is the rate, amount or level of wages, salaries, benefits and other remuneration prevailing for the corresponding classes of mechanics, laborers or workers employed for the same work in the same trade or occupation in the locality where the subject of construction is located.
More Information:
All contracts for construction, including maintenance, that are $250,000 or more in value will require the contractor and all subcontractors to pay wages, salaries, benefits and other remuneration to any mechanic, laborer or worker employed, retained or otherwise hired to perform services in connection with the contract, at or above the prevailing wage rate as established by the VA Department of Labor and Industry (DOLI).
These requirements apply to all county-funded construction contracts advertised for bid and executed by:
- Fairfax County Department of Public Works and Environmental Services (DPWES)
- Fairfax County Department of Transportation (FCDOT)
- Fairfax County Public Schools (FCPS)
- Fairfax County Redevelopment and Housing Authority (FCRHA)
- Fairfax County Park Authority (FCPA) and the
- Fairfax County Department of Procurement and Material Management (DPMM).
Wage Determinations are based on the applicable prevailing wage rate determinations under the provisions of the Davis-Bacon Act.
Contractor Requirements
The ordinance requires that contractors and subcontractors complete the following:
Upon award of any county construction contract, the contractor must certify, under oath, to follow the current prevailing wage for each craft or trade employed on the project when determining compensation for work to be performed under the county contract.
Within five days of certifying, the contractor must provide a copy of that certification to the purchasing agent or county organization in charge of the contract.
Within 10 days of a notice to proceed, contractors and subcontractors performing construction/maintenance services must post the general prevailing wage rate for each craft and trade involved in prominent and easily accessible places at the work site and/or pay site.
For each individual performing work for the project, each contractor and subcontractor must keep, maintain and preserve records relating to:
- the wages paid.
- hours worked.
- work classification.
These records must be preserved for a minimum of six years from contract expiration or termination.
Records should also be made available within 10 days of a request for information.
Contractor Liability
For any contractor or subcontractor paying less than the prevailing wage rate, the contractor or subcontractor:
- is liable to the individual for all wages and benefits plus interest at an annual rate of 8%.
- will be disqualified from bidding on public works projects until full restitution has been made to the individual.
A contractor or subcontractor who willfully violates or refuses payment of a prevailing wage is guilty of a Class 1 misdemeanor.
What Workers Can Do / Filing a Claim
Employees who believe they have not been paid the prevailing wage for their classification may file a claim with the Department of Labor and Industry - Labor & Employment Law Division and review other Employee Rights and claim forms.
One Fairfax Equity Impact
This action supports the One Fairfax initiative and benefits the community at-large:
This ordinance includes the increased protection of workers’ rights and ensures that impacted workers are paid wages commensurate with their skills and training. Fairfax County believes that trade workers who build our county buildings and capital projects should have the opportunity to join the middle class.
The prevailing wage ordinance can help close the wage gap between all construction trade workers and help them make progress towards that goal.