Under the Davis Bacon Act (DBA), contractors and subcontractors are required to display a poster at each worksite with the location’s applicable wage determination – something many employers performing work covered by the labor standards of the DBA might not realize. This is an additional requirement to other notices the U.S Department of Labor (DOL) and individual states may require to be posted at an employer’s physical locations and jobsites, depending on the type of work that is being performed and other statutes based on location.
According to the DOL, “Failure to post the Davis Bacon poster and applicable wage determination” is one of the top six typical DBA compliance problems contractors run into when working on federally funded or assisted construction projects.
For employers to ensure they meet this requirement of the DBA, the Davis-Bacon poster (WH-1321) – In English and Davis-Bacon poster (WH-1321) – In Spanish can be downloaded at the United States Department of Labor website. Employers must make sure this poster with the applicable wage determination is placed prominently at the job site where workers can easily have access to view it.
Employers’ obligation to comply
Employers should be aware of the penalties/sanctions that may be enforced if they are found to have disregarded their obligations under the DBA. Even though it is highly unlikely for a government official to spot-check for posters at a worksite, there is the possibility an outside agency could audit a site or the DOL might visit a site as the result of an employee complaint. If the poster is not displayed on the worksite, it could trigger the DOL to begin a deeper investigation into other possible compliance issues.
Investigations are unavoidable, so make sure you are staying compliant with a powerful certified payroll management tool! Contact an eBacon representative today to find out how we can help you stay compliant.
The material presented here is educational in nature and is not intended to be, nor should be relied upon, as legal or financial advice. Please consult with an attorney or financial professional for advice.