Summary: Employees of the federal contractors perform crucial roles in government procurement. Thus, they are entitled to several benefits and rights as mandated by the Davis-Bacon Act.
Venturing into government procurement process is one of the greatest leaps that small enterprises can take. And while federal contractors need to exhaust all efforts to comply with the regulations in government procurement while efficiently observing the provisions stated in the contract, they should also be wary of their employee’s rights in the business.
Various states have existing laws that govern the rights and protection of the employees of federal contractors. Generally, nonetheless, the contractors for government procurement are protected by the Davis-Bacon Act. Contractors, along with their employees and business, should know relevant provisions in this law that can be their fool-proof source of protection and rights during negotiations.
It would always be best to read through what the law has in store for the employees of federal contractors before any bidding or negotiation takes place. Doing so will allow the federal contractors to avoid infractions of the contracts and conflicts among their personnel.
The Davis-Bacon law generally covers provisions that state the required salary for employees in government procurement as well as the proper record keeping, overtime rates, apprenticeships, and employee notifications.
Wages
The employees of federal contractors who work hand-in-hand with the business owners to satisfy the clients should receive a minimum of $2,000 for every contract won by the federal contractors. This prevailing wage is stated in the Davis-Bacon Act, as well as in 60 related laws.
Keeping Records
Federal contractors are not only mandated to give the required salary for their employees, but to keep records of the hourly wages for the duration of the work. The records should be detailed and precise while maintaining transparency. The law also mandates the federal contractors to keep the record within three years after the contracts have ended. Names, addresses and social security numbers of the employees should be included as well as their positions, deductions, hourly salaries and net wages just in case an employee files a complaint against the federal contractors.
Thus, this provision from the David-Bacon law does not only serve as the protection of the employees’ rights, but also works as a defense of the contractors when conflicts arise.
Apprenticeships and Training
In line with the provisions for prevailing wages, the law states an wage rate exemption for the apprentices and trainees. They are not supposed to receive any payments from the federal contractors unless they are enrolled in an apprenticeship or training programs accredited by the federal government’s Department of Labour.
Overtime
Similar to other offices and workplaces, employees of federal contractors are also entitled to overtime pays provided that the federal contract is worth more than $100,000. According to the Davis-Bacon law, the overtime pays of the employees should be one and a half times the normal salary rate they receive for working 40 hours a week. Thus, the federal contractors should give overtime payments weekly and provide the government agency with the payroll records at the same frequency.
Education of Rights (Notification)
It is the federal contractors’ duty to enumerate the benefits of their employees after they have been officially accepted for the available positions in the company. The Davis-Bacon law goes as far as requiring the federal contractors to post printed materials containing the rights of the employees under the law.
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Can an Independant Contractor, working for a company with a contract with the Department of State, go on strike?
Hi Kelly! Thanks for posting in your question.
It all depends on the stipulations of your contract with the general contractor and his contract with the feds.
However, generally speaking, if I was in an uneasy situation and I understood the consequences, then I would strike if I was an independant cotractor to a prime contractor on a fed contract. The prime is liable for his subs but do not let them put the responsibility on you.