This overtime regulation only applies to Davis Bacon work. Information about Texas Code 2258 click here. The material presented here is educational in nature and is not intended to be, nor should be relied upon, as legal or financial advice. General contractors must submit a certified report on a weekly basis to the contracting agency. The Texas Department of Transportation (TxDot) has the option for electronic fillings. The next provision, § 2258.022, provides that the prevailing wage is determined by using a survey of wages paid for similar work in the locality, or by using the rate determined by the U.S. Department of Labor to be the prevailing wage under the corresponding federal law, the Davis-Bacon Act. Under prevailing wage laws, i.e., those that require payment at prevailing wage rates for labor on federal, state, or other governmental projects, there is no choice but to pay at those levels. § 5.32 and the examples in the Davis-Bacon Act compliance handbook at http://www.dol.gov/whd/recovery/pwrb/Tab16DBCompliance.pdf#page=27), and the weighted-average method of computing overtime pay is used (see the same compliance handbook, pages 27-29). It is clear that the prevailing wage laws require only that the wage rates be the same as those prevailing for similar work in a particular locality. The DOL's resources on the Service Contract Act and the Davis-Bacon Act are found at http://www.dol.gov/whd/contracts/sca.htm and http://www.dol.gov/whd/contracts/dbra.htm. Travel time on a government-contract prevailing wage job must be paid at the prevailing wage rate associated with that particular job. Below are some frequently asked questions about prevailing wage laws in Texas.

All the counties in Texas must choose between adopting the Federal Davis Bacon Act or the Texas Code 2258. The prevailing wage rate was established to ensure that contractors have a level playing field when bidding on government projects and ensuring that construction workers are paid a fair wage when working on these projects. It would be a good idea for any contractor on a public project to check with its public partner on the contract regarding specific recordkeeping requirements for the project. In addition, the Fair Labor Standards Act requires an employer to keep exact records of all time worked, all wages paid, all wage deductions, and other things - see "Recordkeeping Requirements for Non-Exempt Employees". For more information regarding the Davis Bacon Act and prevailing wage laws click here. Subcontractors must submit their certified reports to the general contractor. None of the statutes contain specific restrictions on wage deductions. § 3141(2) of the Davis-Bacon Act, the term "wages" includes the regular hourly rate of pay plus optional fringe benefits paid to the employee. Please consult with an attorney or financial professional for advice.

Current Prevailing Rates Page Content The rate schedules linked to on this page contain the prevailing wage rates required to be paid for work performed on or after July 15, 2020 … by Abel Hegyes | Jan 15, 2019 | Davis Bacon Rates, Prevailing Wage Info. These hourly wages and fringe benefits are based on craft and location.

Join our mailing list to receive the latest updates about laws and regulations. UPDATED: 2019 Prevailing Wage Rates click here. The subject of federal and state wage deduction issues is covered in detail in the article "Texas Payday Law - Basic Issues" in this book - see the following topics in particular: "Deductions from Pay - General", "Deduction Problems under the Texas Payday Law", and "Texas Payday Law Deduction Summary". The fringe benefits are excluded from overtime payment calculation. In calculating overtime pay, the cash payment for fringe benefits is excluded from the regular rate (see 29 C.F.R. State Prevailing Wage Laws 2020. by Abel Hegyes | Jan 15, 2019 | Davis Bacon Rates, Prevailing Wage Info. UPDATED: 2019 Prevailing Wage Rates click here. This overtime, however, will not be based on the prevailing wage rate set under the Davis Bacon Act. These wage determinations can be found here. Paying prevailing wage to employees in those latter categories is a matter of contract and supply and demand, while paying at prevailing wage rates for governmental contract work is a non-discretionary statutory obligation. Overtime must be paid by contractors and subcontractors whose employees work more than 40 hours in a work week. Return to TWC Home, PDF files require Adobe Reader for viewing, http://www.dol.gov/whd/recovery/pwrb/Tab16DBCompliance.pdf#page=27, "Recordkeeping Requirements for Non-Exempt Employees", http://www.twc.state.tx.us/svcs/funds/sdf_pwdr_instruct.pdf, "Deduction Problems under the Texas Payday Law", http://www.dol.gov/whd/contracts/dbra.htm, http://www.dol.gov/whd/recovery/pwrb/toc.htm. For more information regarding the Davis Bacon Act and prevailing wage laws click here Return to Businesses & Employers

The Federal Prevailing Rate Advisory Committee (FPRAC) studies the prevailing rate system and other matters pertinent to the establishment of prevailing rates under subchapter IV of chapter 53 of title 5, United States Code, and advises the Director of the U.S. Office of Personnel Management (OPM) on the Governmentwide administration of the pay system for blue-collar Federal employees. There is nothing special about prevailing wage levels that would subject them to different rules for wage deductions than those that apply to non-prevailing wages. Employers paying prevailing wage rates are generally required to maintain what are called certified payroll records in order to prove compliance with the prevailing wage laws. Those rules for wage deductions are found in Part 531 of the U.S. Department of Labor's wage and hour regulations (limitations on deductions from minimum wage), Part 870 (restrictions on wage garnishments), Section 61.018 of the Texas Payday Law, and Texas Workforce Commission Texas Payday Law Rule § 821.28 (40 T.A.C. PDF files require Adobe Reader for viewing. TEXAS COUNTIES IDENTIFIED BY WAGE RATE ZONES: , , , , , , 8, 4, 5, 7, 8, , , , , County Name Zone County Name Zone County Name Zone County Name Zone Anderson 8Donley Karnes 7Reagan Andrews Duval Kaufman 5Real Angelina 8Eastland Kendall Red River 8 Aransas Ector Kenedy Reeves 8 Archer 5Edwards 8 Kent Refugio 7

That form contains a link to the instructions for the form.

The standard form to fill out for a certified report is the WH-347. by Abel Hegyes | Dec 23, 2018 | Prevailing Wage Info. § 821.28).

Even though a public works contract might not specifically state that certified payroll records are required, it is a good idea to keep them because the Government Code also gives municipalities the right to inspect a company's records when auditing a contractor for compliance with prevailing wage laws. The SCA Compliance Principles handbook there (#10) has the specific overtime calculation information on page 21 for SCA-project employees. The Texas statute, Government Code § 2258.021, only requires payment of the prevailing wage for similar work in the same locality. Under 40 U.S.C. On a job regulated by the Davis Bacon Act, workers must be paid a certain wage and a set amount must be contributed to fringe benefits. TWC has developed a guide for determining the prevailing wage rate for purposes of Skills Development Fund applications - that guide is online at http://www.twc.state.tx.us/svcs/funds/sdf_pwdr_instruct.pdf.

Austin (Report Date 6.25.2020) Dallas (Arlington, Dallas, SWMC, Tyler, Tyler HC, Longview, Permian Basin, McDonald Observatory) - (Report Date 5.24.2016) El Paso (Report Date 1.15.2013) Prevailing Wage Rates | University of Texas System Contact us for any specific questions. Thus, even if an employee is paid a prevailing wage, the employer is still entitled to make deductions from the prevailing wages that comply with all of the applicable guidelines in those statutes and regulations. If an employee worked a combination of Davis Bacon and non-Davis Bacon work then the overtime calculation doesn’t apply to the Davis Bacon wage rate, however under the Fair Labor Standards Act overtime will still apply. The wage decision specifies the highest rates applicable in comparison of the above three sources (basic hourly wage rates and fringe benefits) determined to be prevailing for the described work classifications of a similar character and in specific localities. The costs for fringe benefits are incurred by the contractor/employer; they are not payroll deductions from employee pay. In other words, the wages of both employees who are paid at prevailing wage levels and those who are paid at other levels are subject to the same rules on deductions for payroll taxes, wage garnishments, wage attachments, voluntary wage assignments, and other types of deductions. Prevailing wages are set by the U.S Department of Labor based on the specific classification of jobs done based on the type and location of project. An employer may call the U.S. Department of Labor at 1-866-487-9243 for assistance in obtaining an appropriate prevailing wage decision for that area. The Prevailing Wage Resource Book linked from those pages has many parts with helpful explanations and examples for federal contractors - see http://www.dol.gov/whd/recovery/pwrb/toc.htm. Regarding certified payroll records themselves, while there is no specific state-mandated form for such purposes, it is likely that the optional certified payroll record form available through the U.S. Department of Labor for Davis-Bacon Act and Service Contract Act compliance purposes would suffice - see this link for DOL Form WH-347: http://www.dol.gov/whd/forms/wh347.pdf. The material presented here is educational in nature and is not intended to be, nor should be relied upon, as legal or financial advice.

Those rules for wage deductions are found in Part 531 of the U.S. Department of Labor's wage and hour regulations (limitations on deductions from minimum wage), Part 870 (restrictions on wage garnishments), Section 61.018 of the Texas Payday Law, and Texas Workforce Commission Texas Payday Law Rule § 821.28 (40 T.A.C. Some non-governmental projects involve prevailing wage rates as well, such as projects using union employees, or projects in which a contractor has to offer prevailing wage rates in order to attract enough qualified workers to complete the job. Such records are essentially the same as those that would be required under the Davis- Bacon Act, the Service Contract Act, or similar law requiring payment of prevailing wage on public projects. For the federal certified payroll reporting form(WH-347) click here. Join our mailing list to receive the latest updates about laws and regulations, More focus on enforcing prevailing wage laws in Illinois, Limitations and alternatives to Supplemental Unemployment Benefits plans, 401(k) Dashboard takes the pain out of retirement planning, Compliance Tips for Government Contractors. The same information for employees covered by the Davis-Bacon Act is in the compliance principles handbook for that law (# 16) at http://www.dol.gov/whd/recovery/pwrb/Tab16DBCompliance.pdf#page=27. Information about Texas Code 2258 click here. For the federal certified payroll reporting form(WH-347) click here.

Most cities have contract compliance specialists who can easily help an employer stay up with the rules. Thus, a company working under a general contractor on a federal building project of some kind can pretty well assume that the prevailing wage laws will apply. While Texas law does not specifically define "certified payroll records", Section 2258.024 of the Government Code provides that contractors must keep records showing that all employees working on public projects have been and are being paid at least the prevailing wage rate for all time worked on the project. Travel time on a job not covered by prevailing wage laws may be by agreement, i.e., either at the regular hourly rate of pay, or at a different rate, in which case the weighted-average method of computing overtime pay would be used for any overtime arising from such work.

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