AGC of America submitted a letter to the U.S. Department of Labor (DOL) Wage and Hour Division (WHD) on September 5 recommending several specific ideas on how to reform and modernize the weekly pay and certified payroll submission requirements as mandated by the Davis-Bacon and related Acts (DBRA).
Provisions of the Copeland Act statutorily require contractors and subcontractors performing work on federally financed or assisted construction contracts to "furnish weekly a statement with respect to the wages paid each employee during the preceding week" so that WHD and federal contracting agencies can review and determine that employees have received legally required wages and fringe benefits under the Davis-Bacon and related Acts (DBRA). Processing and submitting payroll data on a weekly basis is burdensome, costly, and out of touch with modern business practices. Additionally, while WHD has affirmed that electronic submission of payroll data is sufficient for compliance, AGC continues to hear that not all contracting agencies make electronic submission an easy or valid option.
AGC’s comment letter urges WHD to consider changing the weekly pay requirement to no less than bi-weekly and concurrently allowing contractors until before the next regular payment date of the payroll period to submit payroll reports. AGC also asks WHD to require all agencies accept electronic certified payrolls for compliance or work with the Federal Acquisition Regulatory (FAR) Council if WHD lacks the authority to do so. Several of these requests require statutory update to the DBRA itself and AGC calls on WHD to consider regulatory action and work with the U.S. Congress to improve the requirements of the laws in a manner that is beneficial to both construction contractors and the agency.
For more information, contact Claiborne Guy at claiborne.guy@agc.org or 703-837-5382.