What is a Prevailing Wage Rate?
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.
Which Contracts Require a Prevailing Wage?
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).
How is the Prevailing Wage Rate Determined?
Wage Determinations are based on the applicable prevailing wage rate determinations under the provisions of the Davis-Bacon Act.
Virginia Dept. of Labor and Industry Excel file: https://www.doli.virginia.gov/wp-content/uploads/2022/04/Prevailing-Wage-April-2022.xlsx
The ordinance requires that contractors and subcontractors complete the following:
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 /
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.