1. 1 CDBG Labor Standards Requirements For Local Officials

2. 2 Why are Labor Standards Crucial? Standards guarantee fair wages and compensation for workers Helps provide a level playing field for bidders

3. Why are Labor Standards Crucial? Local grantee must ensure and document compliance Required by CDBG and other statutes Transgressions endanger future funding 3

4. Applicability CDBG and Davis-Bacon Requirements Housing and Community Development Act of 1974 Section 110(a): “All laborers and mechanics employed by contractors and subcontractors in the performance of construction work financed in whole or in part with assistance received under this title shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Davis- Bacon Act, as amended (40 U.S.C. 276a—276a5)” 4

5. 5 Davis-Bacon Act (40 U.S.C. 276a.-5) Enacted 1931, amended 1935 & 1964 Applies to construction contracts > $2,000 Properties with 8 or more housing units Act is “site-based” Includes alteration, repair, painting & decorating

6. Davis-Bacon Act (40 U.S.C. 276a.-5) Applies to all laborers & mechanics Requires payment of  prevailing wages Requires weekly payment of wages 6

7. 7 Davis-Bacon Regulations Department of Labor (DOL) regulations, rules and instructions concerning implementation of the Davis-Bacon Act and other labor laws are found at Title 29 CFR Parts 1, 3, 5, 6 and 7 http://www.dol.gov/dol/allcfr/ESA/Title_29/ Chapter_I.htm

8. 8 Contract Work Hours and Safety Standards Act (CWHSSA) (40 U.S.C. 327-333) Enacted 1962 Overtime pay required for all contract work greater than 40 hrs/week Applies to contracts for more than $100,000

9. 9 Copeland Act (40 U.S.C. 276c) Prohibits “kickbacks” Requires contractors to submit certified payrolls w/ signed “statement of compliance” each week

10. Copeland Act (40 U.S.C. 276c) Regulates deductions from wages: –FICA, federal & state taxes –Bona fide prepayment of wages –Court ordered payments, fringe benefit plans, etc. 10

11. 11 Contractor Responsibilities (Title 29 CFR Part 5) Prime contractors –Responsible for all employers in project Subcontractors –Also responsible for lower-tier subcontractors

12. 12 Local Grantee Responsibilities Designate a Labor Standards Compliance Officer Request a Wage Rate Decision per Davis Bacon Requirements Put Wage Decision and Labor Standards 4010 clauses in contract bid documents Check contractor eligibility (http://epls.arnet.gov/)

13. 13 Grantee Responsibilities - continued Conduct a pre-construction conference (optional) Review weekly payrolls and compliance statements Conduct employee interviews Ensure that underpaid workers receive restitution

14. Grantee Responsibilities - continued Maintain contract management system and compliance files See HUD Handbook 1344 14

15. 15 Davis-Bacon Wage Determinations Established by geographic area Published for 4 types of construction –Building –Residential –Highway –Heavy Rates may be modified periodically

16. 16 Davis-Bacon Wage Determinations Must be included in bid documents and contract Stipulates the wage requirements for construction trades Flows down to all subcontracts Records must be kept with project records

17. Keys to Know Davis-Bacon applies to construction contracts greater than…………$? Construction contractors are required to pay workers the…………wage? Local Government designates a……..…to administer Davis-Bacon labor standards? 17

18. Keys to Know Overtime wages must be paid for contract work more than a 40 hour work week? Davis Bacon labor standards applies to residential single-family housing contractors? Contractors may withhold a worker’s pay as a fee for working for the contractor? 18

19. 19 Labor Relations References Making Davis Bacon Work (HUD Publication) A Practical Guide for States, Indian Tribes and Local Agencies http://www.hud.gov/offices/adm/hudclips/f orms/files/4813-LR.pdf Also available from HUD’s Customer Service Center: (800) 767-7468

20. 20 HUD Labor Relations References HUD Office of Labor Relations: www.hud.gov/offices/olr Davis-Bacon Wage Determinations: http://www.wdol.gov GSA’s On-Line Debarment List: http://epls.arnet.gov