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Davis–Bacon Act of 1931

The Davis–Bacon Act of 1931 is a United States federal law that establishes the requirement for paying the local prevailing wages on public works projects for laborers and mechanics. It applies to "contractors and subcontractors performing on federally funded or assisted contracts in excess of $2,000 for the construction, alteration, or repair (including painting and decorating) of public buildings or public works".[1]

Davis–Bacon Act
Enacted bythe 71st United States Congress
Citations
Public lawPub. L.Tooltip Public Law (United States) 71–798
Statutes at Largech. 411, 46 Stat. 1494
Legislative history
Sen. James J. Davis (R-PA) and Rep. Robert L. Bacon (RNY-1), the co-sponsors of the Davis–Bacon Act.

The act is named after its sponsors, James J. Davis, a Senator from Pennsylvania and a former Secretary of Labor under three presidents, and Representative Robert L. Bacon of Long Island, New York. The Davis–Bacon act was passed by Congress and signed into law by President Herbert Hoover on March 3, 1931.[2]

As of 2016, the act increases the cost of wages in federal construction projects by an average of $1.4 billion per year.[3]: 1

History edit

Leading to passage edit

Prior to the passage of the federal Davis–Bacon Act (abbreviated DBA), other jurisdictions in the United States had passed laws that required that contractors on public works projects pay the wage that prevailed locally. "In 1891, Kansas adopted a law requiring that ‘not less than the current rate of per diem wages in the locality where the work is performed shall be paid to laborers, workmen, mechanics, and other persons so employed by or on behalf of the state of Kansas’ or of other local jurisdictions. Through the next several decades, other states followed suit, enacting a variety of labor-protective statutes covering workers in contract production."[4][5]

In 1927, a contractor employed African-American workers from Alabama to build a Veterans' Bureau hospital in the district of Congressman Bacon.[6] Prompted by concerns about the conditions of workers, displacement of local workers by migrant workers, and competitive pressure toward lower wages,[7] Bacon introduced the first version of his bill in 1927.

Over the next few years, Bacon attempted to introduce variations on the prevailing wage bill 13 times.[8][9] Finally, in the midst of the Great Depression, with local workers complaining losing jobs to those willing to work for lower wages, and additional complaints from Congressmen frustrated that their efforts to bring "pork barrel" projects home to their districts did not result in jobs for their constituents (and therefore political support from them),[6] the Hoover Administration requested that Congress reconsider the Act once more as a means of preventing falling wages.[10] Sponsored in the Senate by former Labor Secretary Davis, it passed by voice vote and was signed into law on 3 March 1931.[4]

Since passage edit

Immediately after passage edit

The Davis–Bacon Act has been amended several times in its history. Almost immediately upon passage in 1931, both unions and contractors expressed dissatisfaction with key components of the law.[11] Unions said that the law lacked enforcement teeth, while contractors said that it was impossible to know beforehand what the prevailing wages were when submitting bids.[11] President Hoover issued Executive Order 5778, clarifying some of the enforcement mechanisms, and Congress considered amendments which were vetoed before Hoover left office.[7]

1930s edit

In 1934, Congress passed and President Roosevelt signed the Copeland "Anti-kickback" Act,[4] a supplement to the DBA. This was followed in 1935 with another amendment which introduced five changes: (1) The threshold for falling under the DBA requirements were lowered from $5,000 to $2,000; (2) coverage was extended to all federal contract construction, including painting and decorating; (3) the agency may withhold funds sufficient to pay underpaid workers; (4) the Comptroller General would make a list of contractors who had “disregarded their obligations to employees and subcontractors” so that they could be blacklisted from federal contracts for three years; (5) right of legal action was explicitly granted to laborers regardless of whether they had accepted wages; and (6) DBA contracts would include “the minimum wages to be paid various classes of laborers and mechanics” prior to the submission of bids by a contractor (predetermination). The predetermination requirement set up a mechanism to collect and disseminate appropriate prevailing wage data prior to issuing proposal requests for federal contract bids.[7] Many of these changes were introduced at the urging of labor unions.[4]

1940–1970 edit

In 1941, the reach of the Act was expanded to cover military construction[8] In the 1950s, questions were raised about which agencies should control which provisions and whether the new interstate highway acts should specifically reference DBA requirements.[7] In the 1960s, the passage of the Walsh–Healey and McNamara–O'Hara Service Contract Acts confused the situation further, as there were pay differences between manufacturing and construction, with contractors and unions having clear but opposite preferences.[7]

In 1962, the House of Representatives convened the Special Subcommittee on Labor, chaired by James Roosevelt D–CA.[7] In response to this committee, the Secretary of Labor established the Wage Appeals Board to allow wage determinations to be reviewed.[7] The committee brought an amendment to the DBA that required the inclusion of fringe benefits in the wage determination.[4][7]

1970–present edit

In 1979, the U.S. Congress General Accounting Office (GAO) – (which was renamed the Government Accountability Office in 2004) published a report titled, “The Davis–Bacon Act Should Be Repealed".[12] The GAO summarized its argument as

Significant changes in economic conditions, and the economic character of the construction industry since 1931, plus the passage of other wage laws, make the act unnecessary.

After nearly 50 years, the Department of Labor has not developed an effective program to issue and maintain current and accurate wage determinations; it may be impractical to ever do so.

The act results in unnecessary construction and administrative costs of several hundred million dollars annually (if the construction projects reviewed by GAO are representative) and has an inflationary effect on the areas covered by inaccurate wage rates and the economy as a whole.

This publication reflected an ongoing political debate. Concluding about the same time, the Carter Administration's Office of Management and Budget (OMB) and its Office of Federal Procurement Policy (OFPP) had formed a task force to review DBA and the Services Contract Act.[7] They published new regulations just as they were leaving office.[7] The Reagan Administration froze all pending regulations in order to review them, and then issued its own set of regulations[7] in 1982. These consisted of five changes: (1) setting the threshold for how much of the workforce must be paid a common wage for that wage to become the "prevailing wage" at 50% (previously 30%); (2) strictly limiting the importation of urban rates for projects in rural areas; (3) limiting the use of wages paid on other DBA-covered federal projects in the determination of prevailing rates to prevent bias in the base rate; (4) expanding the potential use of unskilled “helpers” on federal construction; and (5) eliminating the weekly payroll report requirements of the Copeland "Anti-kickback" Act of 1934, opting instead to require reports only in support of enforcement actions.[7] These rules were challenged in Building and Construction Trades' Department. AFL-CIO v. Donovan, 712 F.2d 611 (D.C. Cir. 1983).[7][8][13] Of the five changes, all were eventually upheld except for the change in reporting requirements.

In addition to these changes, DBA prevailing wage principles have been included in more than 50 federal statutes.[7]

In November 2013, President Barack Obama signed the Streamlining Claims Processing for Federal Contractor Employees Act into law. This law amended the Davis–Bacon Act by transferring authority from the Government Accountability Office (GAO) to the United States Department of Labor for processing claims for wages due to laborers and mechanics hired by contractors on public works projects.[14]

Little Davis–Bacon laws edit

In addition to the federal law, several other jurisdictions have passed "Little Davis–Bacon" laws.

Little Davis–Bacon Statutory Thresholds[10]
State Threshold Amount
Alabama, Arizona, Arkansas,[15] Colorado, Florida, Georgia, Idaho, Indiana,[16] Iowa, Kansas, Kentucky,[17] Louisiana, Michigan,[18] Mississippi, New Hampshire, North Carolina, North Dakota, Oklahoma, South Carolina, South Dakota, Utah, Virginia, West Virginia,[19] Wisconsin[20] No Prevailing Wage Law
Connecticut,[21] Delaware, Maryland, Nevada, Vermont $100,000 to $1,000,000
Alaska, Maine, Minnesota†, Missouri,[22] Montana, New Mexico, Ohio††, Oregon, Pennsylvania, Tennessee,[23] Wyoming $25,000 to $75,000
California, Hawaii, New Jersey, Rhode Island $1,000 to $2,000
Illinois, Massachusetts, Nebraska, New York, Texas, Washington No threshold

Suspensions edit

The Davis–Bacon Act allows for suspension by the President in case of emergency. This authority has been exercised four times since passage: twice in general, and twice in limited areas.

  • President Franklin D. Roosevelt suspended the Act in 1934 for three weeks to aid in the introduction of New Deal efforts[4]
  • President Richard Nixon suspended the Act in 1971 for one month as an anti-inflationary measure[4][24]
  • President George H. W. Bush initiated a suspension in Florida, Louisiana, and Hawaii. This suspension was not lifted until March 1993 by President Bill Clinton.[4] The cited reason for the suspension was the need to provide as many employment opportunities as possible in the recovery from hurricanes Andrew and Iniki.
  • President George W. Bush suspended the Act for one month in Florida, Alabama, Mississippi, and Louisiana after Hurricane Katrina.[7]

Current practice edit

The Davis–Bacon Act is part of the United States Code, codified as 40 U.S.C. 3141-3148. The Act covers four main areas of construction: residential, heavy, buildings, and highway.[7] Within these areas are further classifications, including craft positions such as plumber, carpenter, cement mason/concrete finisher, electrician, insulator, laborer, lather, painter, power equipment operator, roofer, sheet metal worker, truck driver, and welder.[25]

The agency responsible for collecting and disseminating the prevailing wage data is the Wage and Hour Division (WHD) of the United States Department of Labor (DOL).[10] The procedure "involves four steps: (1) planning and scheduling of surveys, (2) conducting the surveys, (3) clarifying and analyzing the respondents' data and (4) issuing the wage determinations."[10]

Planning and scheduling surveys: In the third quarter of each year, the WHD distributes a Regional Planning Survey Report, published by the F. W. Dodge division of the McGraw-Hill Information Systems, to regional offices. The regional offices then consider the types of construction planned as well as the age of the current wage determination. This analysis determines when and where surveys will be conducted.[10]

Issuance of surveys: WD-10 survey forms are sent to contractors and subcontractors along with a cover letter requesting information. Letters and forms are also sent to members of Congress, trade associations, and building trade unions to solicit information from them.[10]

Compilation of data: WHD analysts then review the returned forms for completeness, ambiguity, and inconsistencies. If the information received is deemed to be inadequate, the scope of the survey may be expanded. For example, if it is determined that relevant projects have not been completed recently, or that the area is inadequately represented, WHD may conduct telephone surveys to increase the robustness of data.[10]

Publication of data: Once compiled and analyzed, the wage determinations are made publicly available.[10] See, for example, the Department of Labor website set up for this purpose.

Controversy edit

Three areas of controversy have surrounded the Davis–Bacon Act since the 1950s. In the beginning, these were touched off because of the Interstate Highway System and the volume of military construction that took place in the Cold War.[7] These became more pronounced in the 1960s as the Space Race took off, and intensified in the wake of Nixon's suspension.[7] Those areas, broadly considered, include (a) data collection and accuracy issues resulting from the way regulations have been formulated and administered, (b) the increased cost of federal construction projects, and (c) claims that the law is racist in conception and effect.

Data collection and publication concerns edit

As noted above, the Wage and Hours Division of the Department of Labor collects data through surveys. These surveys are submitted voluntarily. Researchers have found that the methodology suffered from sampling bias and, in some cases, fraud. These are discussed below.

Statistical bias edit

For the first 50 years, the WHD used union wages to satisfy the 30% rule.[10] The GAO found similar results in 1979, just prior to the change to the 50% rule: ”Our evaluation of the wage determination files and inquiries regarding 73 wage determinations at Labor's headquarters and five of its regions showed that, in many instances, these wage rates were not adequately or accurately determined. About one-half of the area and project determinations we reviewed were not based on surveys [that the Department of] Labor made of wages paid to workers on private projects in the locality where the wage rates issued were required to be paid. Instead, union-negotiated rates were used, on the assumption that those rates prevailed.”[12]

The use of union data would probably prevail regardless of assumptions, since the data are collected through voluntary surveys. Since the responses are provided voluntarily, and since the response requires a substantial amount of work to understand and complete, it is in the interest of employers with high wage workforces and high overhead to respond. By answering the request for data when employers with lower wage workforces and low overhead do not, they pull the prevailing wage determination in their favor. For smaller employers and employers who do not participate in federal contracting, it is not worth the cost to complete the surveys.[10][26] Furthermore, it is in the interest of local unions to respond to the surveys, since a predetermination of wage significantly below the union wage would allow non-union employers to bid successfully on contracts.[10] Thus, the survey responses tend to be biased upwards towards collective bargaining agreement wage levels. This source of bias was noted in the DOL Office of the Inspector General report: “A past audit observed that the methods used by WH to obtain survey data allowed bias to be introduced into wage surveys. Statistical sampling of employers was not done. Only data from employers and third parties who volunteered to participate in the surveys were considered. Consequently, data that could have influenced survey results may have been omitted. Also, employers and third parties who may have had a stake in the outcome of wage decisions were afforded an opportunity to submit erroneous data that may have influenced the survey results.”[27]

Fraud edit

In addition to claims of bias, researchers and investigators have found evidence of fraud. In 1995, the state of Oklahoma conducted an investigation into the WHD-provided prevailing wages being used in state projects. Oklahoma had a Little Davis–Bacon law that, in an attempt to save on administrative costs, adopted the federal standards.[28] When the state office was notified that some rates had increased 162%, it requested information from the WHD. The WHD denied the Oklahoma Department of Labor access to the survey forms used to determine the wages, so the Oklahoma Department of Labor undertook a criminal investigation. According to Brenda Reneau, then-Commissioner of the Oklahoma Department of Labor, "This investigation found that grossly inaccurate information had been reported to the Federal Government by what the U.S. Department of Labor calls interested third parties. We found inflated numbers of employees on projects, inflated wage rates reported for these same non-existent workers and we found projects that were never built. We also noticed what appears to be a pattern in the reporting method on many of the wage survey forms, as our visual presentation will show here today."[28] In response to this, “a follow-up investigation conducted by the U.S. Department of Labor confirms that not only was a great deal of inaccurate information reported, as we had alleged, but U.S. Department of Labor documents show certain unions in Oklahoma City as the parties who submitted that information. It appears that false information may have been submitted to the U.S. Department of Labor in an attempt, purposefully, to inflate Davis–Bacon wage rates.”[28] In the wake of the state investigations, the WHD withdrew many prevailing wage findings for the state, and the Oklahoma Supreme Court found their Little Davis–Bacon statute to be in violation of the state constitution.[28]

Publication delay edit

Both academic and government researchers have found evidence that the procedures used by the WHD result in substantial publication delays. The WHD may take on average more than 30 months to issue data. These render the predetermined prevailing wage findings irrelevant since they may be publishing data that is no longer relevant or accurate.[10][12][26][27]

Obsolescence of DBA edit

In addition to these findings, some detractors have pointed out that the Davis–Bacon Act requirements were rendered moot by the Fair Labor Standards Act (FLSA).[12] At the time that Davis–Bacon Act was passed, legal scholars were divided on the question about whether the federal government could regulate labor costs and conditions.[4][7] The Davis–Bacon Act was seen as a legitimate way to control labor wages and conditions on federal projects since there was clear jurisdiction on those. However, as the Depression rolled on, especially after the West Coast Hotel Co. v. Parrish ruling in 1937,[4] the Roosevelt Administration succeeded in establishing a federal authority to dictate wages, including a federal, universal minimum wage. In the view of some reviewers, this superseded the need for a prevailing wage law specific to federal contracts.[12]

Compared to Bureau of Labor Statistics edit

Finally, some detractors have pointed out that the WHD collects the same data as the Bureau of Labor Statistics (BLS), but does it with inferior methods.[12][27] The BLS samples wages randomly instead of relying on self-reporting. The BLS also uses an interview approach to eliminate reporting errors. Academic researchers have found significant variations between the more accurate and timely BLS data and the WHD data; variances may run around 9%, but in some cases the WHD data may be too low.[10] For these reasons, the DOL Office of Inspector General directed the WHD to investigate whether the BLS wage data could be used in place of the WHD wage data. They declined to do so, prompting another audit of their methodology.[27]

Cost edit

The Davis–Bacon Act requires contractors to pay a prevailing wage as predetermined by the WHD. One stated purpose of this is to prevent a "race to the bottom" in which employers may use migrant and other low-skill, unemployed workers to perform the work at low costs. If such a possibility exists in an otherwise free market, then Davis–Bacon requirements artificially inflate labor costs above market levels. In addition, companies that participate in federal construction jobs are required to collect data and report regularly. This adds to overhead costs. As a result of these cost increases, projects of a given scope cost more than they would otherwise, or that projects of a given budget must be constrained in scope, or some combination of both.

Supporters of the Davis–Bacon Act contend that these costs differences either don't exist or may be justified.[29] One contention is that higher paid labor may be paid more because they have superior skills and are more productive.[30] Under this assumption, a union journeyman would be worth the additional money because he works faster, more accurately, and with less supervision than an inexperienced worker. For example, four union journeyman paid $25 per hour might perform as well as or better than five entry level workers being paid $20 per hour. Others point out that federal projects tend to be more complex and require more skilled labor than on either private or state projects.[31] Yet another counterpoint is that by inflating wages, such requirements direct more income into the middle class rather than paying rock bottom dollars to unskilled labor through federal programs while supporting their families through social service programs.[30] Finally, blogger Matthew Yglesias has suggested that because union workers tend to vote overwhelmingly Democratic, and because Democrats favor more federal projects, then Davis–Bacon may actually increase the amount of infrastructure built by supporting those who indirectly vote for more programs.[32]

Racism edit

Intent and early operation edit

At the time of original passage, Jim Crow Laws were in effect throughout the Southern United States. During World War I, immigration from Europe fell dramatically at precisely the time that Northern industry required additional labor for the war effort.[33] As a result, northern industry and entrepreneurs began to recruit laborers from the South.[33] This brought about or accelerated the Great Migration in which black (and white) laborers from the South came North in search of better pay and opportunity.

The migration in turn created new demographic challenges in the North. White workers were competing against new labor; in some cases, the black workers were used as pawns in an effort to break unions.[33] There were widespread efforts to recruit black workers[33][34] and in reaction, efforts to thwart recruitment.[33][35] Black migrants were restricted to specific neighborhoods in northern cities where the buildings were in poor condition and rents were high, forcing them to live in dense conditions.[33]

In that context, the protests against the Long Island hospital built with migrant labor can be seen for what they were: resistance outside of the Jim Crow South to black workers.[8] During this time, complaints about black workers taking federal construction jobs appear sporadically through the legislation history of both prior bills that anticipated Davis–Bacon, and Davis–Bacon itself.[6][36] On the floor of the House of Representatives, Congressman Upshaw said: "You will not think that a southern man is more than human if he smiles over the fact of your reaction to that real problem you are confronted with in any community with a superabundance or large aggregation of negro labor."[8][37] U.S. Congressman John J. Cochran (D-Missouri) reported that he had "received numerous complaints in recent months about southern contractors employing low-paid colored mechanics getting work and bringing the employees from the South".[8] U.S. Congressman Clayton Allgood (D-Alabama) reported on "cheap colored labor" that "is in competition with white labor throughout the country".[8][38][39]

Despite the initial complaints about the use of migrant workers, the Act does not require that contractors show that workers engaged are local residents, but rather requires that laborers be paid the local prevailing wage. Due to the way the data were collected at that time and due to the fact that construction trades were heavily unionized at that time by craft unions, “prevailing wage” effectively meant “union journeyman wage” as discussed above. Unions operate by negotiating for higher wages, and then working to restrict those eligible for the higher wages to union membership.[40] Craft unions did not admit black apprentices, and therefore black laborers did not have the opportunity to advance to journeyman status.[8][41][42][43][44][45] According to Bernstein, “as of 1940 blacks composed 19 percent of the 435,000 unskilled "construction laborers" in the United States and 45 percent of the 87,060 in the South”,[8] and according to Hill, "the increase of Negro participation in building trades apprenticeship training programs rose only from 1.5% to 2%" in New York between 1950 and 1960.[43]: 116  Furthermore, Hill pointed out that "[b]ecause the National Labor Relations Board has done little to enforce the anti-closed shop provisions of the Taft Hartley Act, building trades unions affiliated to the AFL-CIO in most instances are closed unions operating closed shops".[43]: 113  Therefore, the requirements and mechanisms of the Davis–Bacon Act necessarily prevented black laborers from participating in federally funded construction projects. “According to a study on youth and minority employment published by the Congressional Joint Economic Committee on July 6, 1977, Davis–Bacon wage requirements discourage nonunion contractors from bidding on Federal construction work, thus harming minority and young workers who are more likely to work in the nonunionized sector of the construction industry.”[12] Thus, even if racism was not the intent, racial discrimination was a result of the law initially.[citation needed]

Subsequent developments edit

The Congress of Industrial Organizations split from the American Federation of Labor in 1935. The AFL was predominantly made up of craft unions, some of which disallowed black members. The CIO was integrationist. In the years that followed, the AFL and CIO moved towards each other and toward integration. By the time they re-united in 1955, unions were much less discriminatory. Even more recently, rules introduced by the Johnson, Nixon, and Reagan administrations[8] have reduced the discriminatory effects of the Davis–Bacon Act. Black interest groups have found common cause with unions[24] and the NAACP passed a resolution in 1993 in support of the DBA.[46]

See also edit

References edit

  1. ^ "Employment Law Guide: Working Conditions: Prevailing Wages in Construction Contracts", Office of the Assistant Secretary for Policy, Department of Labor, retrieved 26 December 2012
  2. ^ Mar. 3, 1931, ch. 411, 46 Stat. 1494. 40 U.S.C. § 3141 et seq.
  3. ^ "Options for Reducing the Deficit: 2017 to 2026; Repeal the Davis–Bacon Act". Congressional Budget Office. December 8, 2016. Retrieved 2019-04-22.
  4. ^ a b c d e f g h i j Whittaker, William G. (13 November 2007), Davis–Bacon: The Act and The Literature, Report 94-908 (PDF), Congressional Research Service, retrieved 26 December 2012
  5. ^ Johnson, David B. (August 1, 1991), "Prevailing Wage Legislation in the States", Monthly Labor Review: 839–845
  6. ^ a b c Bernstein, David E. (2001), "Prevailing-Wage Laws", Only One Place of Redress: African Americans, Labor Regulations and the Court from Reconstruction to the New Deal, Duke University Press, ISBN 978-0822325833
  7. ^ a b c d e f g h i j k l m n o p q r s Whittaker, William G. (13 November 2007), (PDF), Domestic Social Policy Division, Congressional Research Service, archived from the original (PDF) on 6 November 2011, retrieved 27 December 2012
  8. ^ a b c d e f g h i j Bernstein, David, The Davis–Bacon Act: Let's Bring Jim Crow to an End (PDF), Cato Institute, retrieved 26 December 2012
  9. ^ Schulman, Stuart, "The Case Against the Davis–Bacon Act", Government-Union Review (Winter 1983): 23
  10. ^ a b c d e f g h i j k l m Glassman, Sarah; Head, Michael; Tuerck, David G.; Bachman, Paul (2008), The Federal Davis–Bacon Act: The Prevailing Mismeasure of Wages (PDF), Beacon Hill Institute, retrieved 27 December 2012
  11. ^ a b Thieblot, Armand J. Jr. (1975), The Davis–Bacon Act, The Wharton School, University of Pennsylvania
  12. ^ a b c d e f g The Davis–Bacon Act Should Be Repealed, Report to the Congress by the Comptroller General of the United States, HRD-79-18 (PDF), Government Accountability Office, April 27, 1979, retrieved 27 December 2012
  13. ^ , United States Court of Appeals, District of Columbia Circuit, 1983, archived from the original on 15 May 2010, retrieved 9 January 2013
  14. ^ "H.R. 2747 - Summary". United States Congress. Retrieved 12 September 2013.
  15. ^ "Prevailing Wage Laws and Regulations". Arkansas Department of Labor.
  16. ^ "DOL: Common Construction Wage Home". Indiana Department of Labor. 26 April 2021.
  17. ^ Effective January 9, 2017, with emergency clause in the legislation
  18. ^ "Prevailing Wage". Michigan Department of Licensing and Regulatory Affairs.
  19. ^ Effective May 12, 2016, 90 days after veto override
  20. ^ Repeal effective September 23, 2017.
  21. ^ Raised the threshold from $400,000 to $1,000,000 as part of the state budget. Effective October 31, 2017.
  22. ^ Changes the formula for calculating the prevailing wage to become much weaker, and exempts projects under $75,000. Effective August 28, 2018.
  23. ^ Applies to road construction only, as all other projects became exempted starting January 1, 2014. [1]
  24. ^ a b Rustin, Bayard (1971), "The Blacks and the Unions", Harper's, archived from the original on 21 February 2013, retrieved 26 December 2012
  25. ^ WDOL website
  26. ^ a b Getek, John (Mar 10, 1997), Inaccurate Data Were Frequently Used in Wage Determinations Made Under the Davis–Bacon Act, Report Number 04-97-013-04420 (PDF), Office of Audit, Office of Inspector General, U.S. Department of Labor, retrieved 27 December 2012
  27. ^ a b c d Lewis, Elliot P. (30 March 2004), Concerns Persist with the Integrity of Davis–Bacon Act Prevailing Wage Determinations, Audit Report No. 04-04-003-04-420 (PDF), Office of Audit, Office of Inspector General, US Department of Labor, retrieved 27 December 2012
  28. ^ a b c d Joint Held Hearing on Davis–Bacon Fraud and Abuse, U.S. Government Printing Office, 18 January 1996, ISBN 0-16-053915-3, retrieved 28 December 2012
  29. ^ Allen, Steven G.; Reich, David (December 1980), Prevailing Wage Laws Are Not Inflationary: A Case Study of Public School Construction Costs, Center to Protect Workers’ Rights
  30. ^ a b , International Brotherhood of Electrical Workers Local 725, archived from the original on 19 June 2013, retrieved 29 December 2012
  31. ^ Duncan, Kevin C. (June 2011), An Analysis of Davis–Bacon Prevailing Wage Requirements:Evidence from Highway Resurfacing Projects in Colorado (PDF), Healy Center for Business and Economic Research, retrieved 26 December 2012
  32. ^ Yglesias, Matthew, , archived from the original on 11 November 2005, retrieved 22 September 2005
  33. ^ a b c d e f Wilkerson, Isabel (2011), The Warmth of Other Suns: The Epic Story of America's Great Migration, Vintage, ISBN 978-0679763888
  34. ^ Marks, Carole (October 1983), "Lines of Communication, Recruitment Mechanisms, and the Great Migration of 1916-1918", Social Problems, 31 (1): 73–83, doi:10.1525/sp.1983.31.1.03a00050
  35. ^ Great Migration: The African-American Exodus North, retrieved 26 December 2012
  36. ^ Williams, Walter (2001). Race and Economics: How Much Can Be Blamed on Discrimination?. p. 34. ISBN 978-0817912451.
  37. ^ U.S. Congress. House. Committee on Labor. Hearings on H.R. 17069, 69th Cong., 2d Sess., Feb 28, 1927, pp. 2–4
  38. ^ Hearings on H.R. 7995 & H.R. 9232, 71st Cong., 2d Sess., Mar 6, 1930, pp. 26–27
  39. ^ U.S. Congress. House. Committee on Labor. Hearings on H.R. 7995 & H.R. 9232, 71st Cong., 2d Sess., Mar 6, 1930, pp. 26–27
  40. ^ Olson, Mancur (1971), The Logic of Collective Action: Public Goods and the Theory of Groups, Harvard University Press, ISBN 0674537513
  41. ^ Gould, William B. (1977), Black Workers in White Unions: Job Discrimination in the United States, Cornell University Press, ISBN 0801410622
  42. ^ Bloch, Herbert (1958), "Craft Unions and the Negro in Historical Perspective", Journal of Negro History (43): 24
  43. ^ a b c Hill, Herbert (1961), "Racism Within Organized Labor: A Report of Five Years of the AFL-CIO, 1955-1960", Journal of Negro Education, 30 (30): 113–117, doi:10.2307/2294330, JSTOR 2294330
  44. ^ Hill, Herbert (1989), Shulman, Steven; Darity, William Jr. (eds.), "Black Labor and Affirmative Action: An Historical Perspective", The Question of Discrimination, Wesleyan University Press: 190, 238, and 258 n. 181
  45. ^ Waldinger, Roger; Bailey, Thomas (1991), "The Continuing Significance of Race: Racial Conflict and Racial Discrimination in the Construction Industry", Politics and Society (19): 297
  46. ^ "Congressional Record, March 7, 1995" (PDF), Congressional Record, United States House of Representatives, March 7, 1995, retrieved 29 December 2012

davis, bacon, 1931, united, states, federal, that, establishes, requirement, paying, local, prevailing, wages, public, works, projects, laborers, mechanics, applies, contractors, subcontractors, performing, federally, funded, assisted, contracts, excess, const. The Davis Bacon Act of 1931 is a United States federal law that establishes the requirement for paying the local prevailing wages on public works projects for laborers and mechanics It applies to contractors and subcontractors performing on federally funded or assisted contracts in excess of 2 000 for the construction alteration or repair including painting and decorating of public buildings or public works 1 Davis Bacon ActEnacted bythe 71st United States CongressCitationsPublic lawPub L Tooltip Public Law United States 71 798Statutes at Largech 411 46 Stat 1494Legislative historySigned into law by President Herbert Hoover on March 3 1931Sen James J Davis R PA and Rep Robert L Bacon R NY 1 the co sponsors of the Davis Bacon Act The act is named after its sponsors James J Davis a Senator from Pennsylvania and a former Secretary of Labor under three presidents and Representative Robert L Bacon of Long Island New York The Davis Bacon act was passed by Congress and signed into law by President Herbert Hoover on March 3 1931 2 As of 2016 the act increases the cost of wages in federal construction projects by an average of 1 4 billion per year 3 1 Contents 1 History 1 1 Leading to passage 1 2 Since passage 1 2 1 Immediately after passage 1 2 2 1930s 1 2 3 1940 1970 1 2 4 1970 present 1 3 Little Davis Bacon laws 1 4 Suspensions 2 Current practice 3 Controversy 3 1 Data collection and publication concerns 3 1 1 Statistical bias 3 1 2 Fraud 3 1 3 Publication delay 3 1 4 Obsolescence of DBA 3 1 5 Compared to Bureau of Labor Statistics 3 2 Cost 3 3 Racism 3 3 1 Intent and early operation 3 3 2 Subsequent developments 4 See also 5 ReferencesHistory editLeading to passage edit Prior to the passage of the federal Davis Bacon Act abbreviated DBA other jurisdictions in the United States had passed laws that required that contractors on public works projects pay the wage that prevailed locally In 1891 Kansas adopted a law requiring that not less than the current rate of per diem wages in the locality where the work is performed shall be paid to laborers workmen mechanics and other persons so employed by or on behalf of the state of Kansas or of other local jurisdictions Through the next several decades other states followed suit enacting a variety of labor protective statutes covering workers in contract production 4 5 In 1927 a contractor employed African American workers from Alabama to build a Veterans Bureau hospital in the district of Congressman Bacon 6 Prompted by concerns about the conditions of workers displacement of local workers by migrant workers and competitive pressure toward lower wages 7 Bacon introduced the first version of his bill in 1927 Over the next few years Bacon attempted to introduce variations on the prevailing wage bill 13 times 8 9 Finally in the midst of the Great Depression with local workers complaining losing jobs to those willing to work for lower wages and additional complaints from Congressmen frustrated that their efforts to bring pork barrel projects home to their districts did not result in jobs for their constituents and therefore political support from them 6 the Hoover Administration requested that Congress reconsider the Act once more as a means of preventing falling wages 10 Sponsored in the Senate by former Labor Secretary Davis it passed by voice vote and was signed into law on 3 March 1931 4 Since passage edit Immediately after passage edit The Davis Bacon Act has been amended several times in its history Almost immediately upon passage in 1931 both unions and contractors expressed dissatisfaction with key components of the law 11 Unions said that the law lacked enforcement teeth while contractors said that it was impossible to know beforehand what the prevailing wages were when submitting bids 11 President Hoover issued Executive Order 5778 clarifying some of the enforcement mechanisms and Congress considered amendments which were vetoed before Hoover left office 7 1930s edit In 1934 Congress passed and President Roosevelt signed the Copeland Anti kickback Act 4 a supplement to the DBA This was followed in 1935 with another amendment which introduced five changes 1 The threshold for falling under the DBA requirements were lowered from 5 000 to 2 000 2 coverage was extended to all federal contract construction including painting and decorating 3 the agency may withhold funds sufficient to pay underpaid workers 4 the Comptroller General would make a list of contractors who had disregarded their obligations to employees and subcontractors so that they could be blacklisted from federal contracts for three years 5 right of legal action was explicitly granted to laborers regardless of whether they had accepted wages and 6 DBA contracts would include the minimum wages to be paid various classes of laborers and mechanics prior to the submission of bids by a contractor predetermination The predetermination requirement set up a mechanism to collect and disseminate appropriate prevailing wage data prior to issuing proposal requests for federal contract bids 7 Many of these changes were introduced at the urging of labor unions 4 1940 1970 edit In 1941 the reach of the Act was expanded to cover military construction 8 In the 1950s questions were raised about which agencies should control which provisions and whether the new interstate highway acts should specifically reference DBA requirements 7 In the 1960s the passage of the Walsh Healey and McNamara O Hara Service Contract Acts confused the situation further as there were pay differences between manufacturing and construction with contractors and unions having clear but opposite preferences 7 In 1962 the House of Representatives convened the Special Subcommittee on Labor chaired by James Roosevelt D CA 7 In response to this committee the Secretary of Labor established the Wage Appeals Board to allow wage determinations to be reviewed 7 The committee brought an amendment to the DBA that required the inclusion of fringe benefits in the wage determination 4 7 1970 present edit In 1979 the U S Congress General Accounting Office GAO which was renamed the Government Accountability Office in 2004 published a report titled The Davis Bacon Act Should Be Repealed 12 The GAO summarized its argument as Significant changes in economic conditions and the economic character of the construction industry since 1931 plus the passage of other wage laws make the act unnecessary After nearly 50 years the Department of Labor has not developed an effective program to issue and maintain current and accurate wage determinations it may be impractical to ever do so The act results in unnecessary construction and administrative costs of several hundred million dollars annually if the construction projects reviewed by GAO are representative and has an inflationary effect on the areas covered by inaccurate wage rates and the economy as a whole This publication reflected an ongoing political debate Concluding about the same time the Carter Administration s Office of Management and Budget OMB and its Office of Federal Procurement Policy OFPP had formed a task force to review DBA and the Services Contract Act 7 They published new regulations just as they were leaving office 7 The Reagan Administration froze all pending regulations in order to review them and then issued its own set of regulations 7 in 1982 These consisted of five changes 1 setting the threshold for how much of the workforce must be paid a common wage for that wage to become the prevailing wage at 50 previously 30 2 strictly limiting the importation of urban rates for projects in rural areas 3 limiting the use of wages paid on other DBA covered federal projects in the determination of prevailing rates to prevent bias in the base rate 4 expanding the potential use of unskilled helpers on federal construction and 5 eliminating the weekly payroll report requirements of the Copeland Anti kickback Act of 1934 opting instead to require reports only in support of enforcement actions 7 These rules were challenged in Building and Construction Trades Department AFL CIO v Donovan 712 F 2d 611 D C Cir 1983 7 8 13 Of the five changes all were eventually upheld except for the change in reporting requirements In addition to these changes DBA prevailing wage principles have been included in more than 50 federal statutes 7 In November 2013 President Barack Obama signed the Streamlining Claims Processing for Federal Contractor Employees Act into law This law amended the Davis Bacon Act by transferring authority from the Government Accountability Office GAO to the United States Department of Labor for processing claims for wages due to laborers and mechanics hired by contractors on public works projects 14 Little Davis Bacon laws edit In addition to the federal law several other jurisdictions have passed Little Davis Bacon laws Little Davis Bacon Statutory Thresholds 10 State Threshold AmountAlabama Arizona Arkansas 15 Colorado Florida Georgia Idaho Indiana 16 Iowa Kansas Kentucky 17 Louisiana Michigan 18 Mississippi New Hampshire North Carolina North Dakota Oklahoma South Carolina South Dakota Utah Virginia West Virginia 19 Wisconsin 20 No Prevailing Wage LawConnecticut 21 Delaware Maryland Nevada Vermont 100 000 to 1 000 000Alaska Maine Minnesota Missouri 22 Montana New Mexico Ohio Oregon Pennsylvania Tennessee 23 Wyoming 25 000 to 75 000California Hawaii New Jersey Rhode Island 1 000 to 2 000Illinois Massachusetts Nebraska New York Texas Washington No thresholdSuspensions edit The Davis Bacon Act allows for suspension by the President in case of emergency This authority has been exercised four times since passage twice in general and twice in limited areas President Franklin D Roosevelt suspended the Act in 1934 for three weeks to aid in the introduction of New Deal efforts 4 President Richard Nixon suspended the Act in 1971 for one month as an anti inflationary measure 4 24 President George H W Bush initiated a suspension in Florida Louisiana and Hawaii This suspension was not lifted until March 1993 by President Bill Clinton 4 The cited reason for the suspension was the need to provide as many employment opportunities as possible in the recovery from hurricanes Andrew and Iniki President George W Bush suspended the Act for one month in Florida Alabama Mississippi and Louisiana after Hurricane Katrina 7 Current practice editThe Davis Bacon Act is part of the United States Code codified as 40 U S C 3141 3148 The Act covers four main areas of construction residential heavy buildings and highway 7 Within these areas are further classifications including craft positions such as plumber carpenter cement mason concrete finisher electrician insulator laborer lather painter power equipment operator roofer sheet metal worker truck driver and welder 25 The agency responsible for collecting and disseminating the prevailing wage data is the Wage and Hour Division WHD of the United States Department of Labor DOL 10 The procedure involves four steps 1 planning and scheduling of surveys 2 conducting the surveys 3 clarifying and analyzing the respondents data and 4 issuing the wage determinations 10 Planning and scheduling surveys In the third quarter of each year the WHD distributes a Regional Planning Survey Report published by the F W Dodge division of the McGraw Hill Information Systems to regional offices The regional offices then consider the types of construction planned as well as the age of the current wage determination This analysis determines when and where surveys will be conducted 10 Issuance of surveys WD 10 survey forms are sent to contractors and subcontractors along with a cover letter requesting information Letters and forms are also sent to members of Congress trade associations and building trade unions to solicit information from them 10 Compilation of data WHD analysts then review the returned forms for completeness ambiguity and inconsistencies If the information received is deemed to be inadequate the scope of the survey may be expanded For example if it is determined that relevant projects have not been completed recently or that the area is inadequately represented WHD may conduct telephone surveys to increase the robustness of data 10 Publication of data Once compiled and analyzed the wage determinations are made publicly available 10 See for example the Department of Labor website set up for this purpose Controversy editThree areas of controversy have surrounded the Davis Bacon Act since the 1950s In the beginning these were touched off because of the Interstate Highway System and the volume of military construction that took place in the Cold War 7 These became more pronounced in the 1960s as the Space Race took off and intensified in the wake of Nixon s suspension 7 Those areas broadly considered include a data collection and accuracy issues resulting from the way regulations have been formulated and administered b the increased cost of federal construction projects and c claims that the law is racist in conception and effect Data collection and publication concerns edit As noted above the Wage and Hours Division of the Department of Labor collects data through surveys These surveys are submitted voluntarily Researchers have found that the methodology suffered from sampling bias and in some cases fraud These are discussed below Statistical bias edit For the first 50 years the WHD used union wages to satisfy the 30 rule 10 The GAO found similar results in 1979 just prior to the change to the 50 rule Our evaluation of the wage determination files and inquiries regarding 73 wage determinations at Labor s headquarters and five of its regions showed that in many instances these wage rates were not adequately or accurately determined About one half of the area and project determinations we reviewed were not based on surveys that the Department of Labor made of wages paid to workers on private projects in the locality where the wage rates issued were required to be paid Instead union negotiated rates were used on the assumption that those rates prevailed 12 The use of union data would probably prevail regardless of assumptions since the data are collected through voluntary surveys Since the responses are provided voluntarily and since the response requires a substantial amount of work to understand and complete it is in the interest of employers with high wage workforces and high overhead to respond By answering the request for data when employers with lower wage workforces and low overhead do not they pull the prevailing wage determination in their favor For smaller employers and employers who do not participate in federal contracting it is not worth the cost to complete the surveys 10 26 Furthermore it is in the interest of local unions to respond to the surveys since a predetermination of wage significantly below the union wage would allow non union employers to bid successfully on contracts 10 Thus the survey responses tend to be biased upwards towards collective bargaining agreement wage levels This source of bias was noted in the DOL Office of the Inspector General report A past audit observed that the methods used by WH to obtain survey data allowed bias to be introduced into wage surveys Statistical sampling of employers was not done Only data from employers and third parties who volunteered to participate in the surveys were considered Consequently data that could have influenced survey results may have been omitted Also employers and third parties who may have had a stake in the outcome of wage decisions were afforded an opportunity to submit erroneous data that may have influenced the survey results 27 Fraud edit In addition to claims of bias researchers and investigators have found evidence of fraud In 1995 the state of Oklahoma conducted an investigation into the WHD provided prevailing wages being used in state projects Oklahoma had a Little Davis Bacon law that in an attempt to save on administrative costs adopted the federal standards 28 When the state office was notified that some rates had increased 162 it requested information from the WHD The WHD denied the Oklahoma Department of Labor access to the survey forms used to determine the wages so the Oklahoma Department of Labor undertook a criminal investigation According to Brenda Reneau then Commissioner of the Oklahoma Department of Labor This investigation found that grossly inaccurate information had been reported to the Federal Government by what the U S Department of Labor calls interested third parties We found inflated numbers of employees on projects inflated wage rates reported for these same non existent workers and we found projects that were never built We also noticed what appears to be a pattern in the reporting method on many of the wage survey forms as our visual presentation will show here today 28 In response to this a follow up investigation conducted by the U S Department of Labor confirms that not only was a great deal of inaccurate information reported as we had alleged but U S Department of Labor documents show certain unions in Oklahoma City as the parties who submitted that information It appears that false information may have been submitted to the U S Department of Labor in an attempt purposefully to inflate Davis Bacon wage rates 28 In the wake of the state investigations the WHD withdrew many prevailing wage findings for the state and the Oklahoma Supreme Court found their Little Davis Bacon statute to be in violation of the state constitution 28 Publication delay edit Both academic and government researchers have found evidence that the procedures used by the WHD result in substantial publication delays The WHD may take on average more than 30 months to issue data These render the predetermined prevailing wage findings irrelevant since they may be publishing data that is no longer relevant or accurate 10 12 26 27 Obsolescence of DBA edit In addition to these findings some detractors have pointed out that the Davis Bacon Act requirements were rendered moot by the Fair Labor Standards Act FLSA 12 At the time that Davis Bacon Act was passed legal scholars were divided on the question about whether the federal government could regulate labor costs and conditions 4 7 The Davis Bacon Act was seen as a legitimate way to control labor wages and conditions on federal projects since there was clear jurisdiction on those However as the Depression rolled on especially after the West Coast Hotel Co v Parrish ruling in 1937 4 the Roosevelt Administration succeeded in establishing a federal authority to dictate wages including a federal universal minimum wage In the view of some reviewers this superseded the need for a prevailing wage law specific to federal contracts 12 Compared to Bureau of Labor Statistics edit Finally some detractors have pointed out that the WHD collects the same data as the Bureau of Labor Statistics BLS but does it with inferior methods 12 27 The BLS samples wages randomly instead of relying on self reporting The BLS also uses an interview approach to eliminate reporting errors Academic researchers have found significant variations between the more accurate and timely BLS data and the WHD data variances may run around 9 but in some cases the WHD data may be too low 10 For these reasons the DOL Office of Inspector General directed the WHD to investigate whether the BLS wage data could be used in place of the WHD wage data They declined to do so prompting another audit of their methodology 27 Cost edit The Davis Bacon Act requires contractors to pay a prevailing wage as predetermined by the WHD One stated purpose of this is to prevent a race to the bottom in which employers may use migrant and other low skill unemployed workers to perform the work at low costs If such a possibility exists in an otherwise free market then Davis Bacon requirements artificially inflate labor costs above market levels In addition companies that participate in federal construction jobs are required to collect data and report regularly This adds to overhead costs As a result of these cost increases projects of a given scope cost more than they would otherwise or that projects of a given budget must be constrained in scope or some combination of both Supporters of the Davis Bacon Act contend that these costs differences either don t exist or may be justified 29 One contention is that higher paid labor may be paid more because they have superior skills and are more productive 30 Under this assumption a union journeyman would be worth the additional money because he works faster more accurately and with less supervision than an inexperienced worker For example four union journeyman paid 25 per hour might perform as well as or better than five entry level workers being paid 20 per hour Others point out that federal projects tend to be more complex and require more skilled labor than on either private or state projects 31 Yet another counterpoint is that by inflating wages such requirements direct more income into the middle class rather than paying rock bottom dollars to unskilled labor through federal programs while supporting their families through social service programs 30 Finally blogger Matthew Yglesias has suggested that because union workers tend to vote overwhelmingly Democratic and because Democrats favor more federal projects then Davis Bacon may actually increase the amount of infrastructure built by supporting those who indirectly vote for more programs 32 Racism edit Intent and early operation edit At the time of original passage Jim Crow Laws were in effect throughout the Southern United States During World War I immigration from Europe fell dramatically at precisely the time that Northern industry required additional labor for the war effort 33 As a result northern industry and entrepreneurs began to recruit laborers from the South 33 This brought about or accelerated the Great Migration in which black and white laborers from the South came North in search of better pay and opportunity The migration in turn created new demographic challenges in the North White workers were competing against new labor in some cases the black workers were used as pawns in an effort to break unions 33 There were widespread efforts to recruit black workers 33 34 and in reaction efforts to thwart recruitment 33 35 Black migrants were restricted to specific neighborhoods in northern cities where the buildings were in poor condition and rents were high forcing them to live in dense conditions 33 In that context the protests against the Long Island hospital built with migrant labor can be seen for what they were resistance outside of the Jim Crow South to black workers 8 During this time complaints about black workers taking federal construction jobs appear sporadically through the legislation history of both prior bills that anticipated Davis Bacon and Davis Bacon itself 6 36 On the floor of the House of Representatives Congressman Upshaw said You will not think that a southern man is more than human if he smiles over the fact of your reaction to that real problem you are confronted with in any community with a superabundance or large aggregation of negro labor 8 37 U S Congressman John J Cochran D Missouri reported that he had received numerous complaints in recent months about southern contractors employing low paid colored mechanics getting work and bringing the employees from the South 8 U S Congressman Clayton Allgood D Alabama reported on cheap colored labor that is in competition with white labor throughout the country 8 38 39 Despite the initial complaints about the use of migrant workers the Act does not require that contractors show that workers engaged are local residents but rather requires that laborers be paid the local prevailing wage Due to the way the data were collected at that time and due to the fact that construction trades were heavily unionized at that time by craft unions prevailing wage effectively meant union journeyman wage as discussed above Unions operate by negotiating for higher wages and then working to restrict those eligible for the higher wages to union membership 40 Craft unions did not admit black apprentices and therefore black laborers did not have the opportunity to advance to journeyman status 8 41 42 43 44 45 According to Bernstein as of 1940 blacks composed 19 percent of the 435 000 unskilled construction laborers in the United States and 45 percent of the 87 060 in the South 8 and according to Hill the increase of Negro participation in building trades apprenticeship training programs rose only from 1 5 to 2 in New York between 1950 and 1960 43 116 Furthermore Hill pointed out that b ecause the National Labor Relations Board has done little to enforce the anti closed shop provisions of the Taft Hartley Act building trades unions affiliated to the AFL CIO in most instances are closed unions operating closed shops 43 113 Therefore the requirements and mechanisms of the Davis Bacon Act necessarily prevented black laborers from participating in federally funded construction projects According to a study on youth and minority employment published by the Congressional Joint Economic Committee on July 6 1977 Davis Bacon wage requirements discourage nonunion contractors from bidding on Federal construction work thus harming minority and young workers who are more likely to work in the nonunionized sector of the construction industry 12 Thus even if racism was not the intent racial discrimination was a result of the law initially citation needed Subsequent developments edit The Congress of Industrial Organizations split from the American Federation of Labor in 1935 The AFL was predominantly made up of craft unions some of which disallowed black members The CIO was integrationist In the years that followed the AFL and CIO moved towards each other and toward integration By the time they re united in 1955 unions were much less discriminatory Even more recently rules introduced by the Johnson Nixon and Reagan administrations 8 have reduced the discriminatory effects of the Davis Bacon Act Black interest groups have found common cause with unions 24 and the NAACP passed a resolution in 1993 in support of the DBA 46 See also editMcNamara O Hara Service Contract Act Copeland Anti kickback Act Wage Worker s compensation Minimum wage Living wage Prevailing wageReferences edit Employment Law Guide Working Conditions Prevailing Wages in Construction Contracts Office of the Assistant Secretary for Policy Department of Labor retrieved 26 December 2012 Mar 3 1931 ch 411 46 Stat 1494 40 U S C 3141 et seq Options for Reducing the Deficit 2017 to 2026 Repeal the Davis Bacon Act Congressional Budget Office December 8 2016 Retrieved 2019 04 22 a b c d e f g h i j Whittaker William G 13 November 2007 Davis Bacon The Act and The Literature Report 94 908 PDF Congressional Research Service retrieved 26 December 2012 Johnson David B August 1 1991 Prevailing Wage Legislation in the States Monthly Labor Review 839 845 a b c Bernstein David E 2001 Prevailing Wage Laws Only One Place of Redress African Americans Labor Regulations and the Court from Reconstruction to the New Deal Duke University Press ISBN 978 0822325833 a b c d e f g h i j k l m n o p q r s Whittaker William G 13 November 2007 The Davis Bacon Act Institutional Evolution and Public Policy Report 94 408 PDF Domestic Social Policy Division Congressional Research Service archived from the original PDF on 6 November 2011 retrieved 27 December 2012 a b c d e f g h i j Bernstein David The Davis Bacon Act Let s Bring Jim Crow to an End PDF Cato Institute retrieved 26 December 2012 Schulman Stuart The Case Against the Davis Bacon Act Government Union Review Winter 1983 23 a b c d e f g h i j k l m Glassman Sarah Head Michael Tuerck David G Bachman Paul 2008 The Federal Davis Bacon Act The Prevailing Mismeasure of Wages PDF Beacon Hill Institute retrieved 27 December 2012 a b Thieblot Armand J Jr 1975 The Davis Bacon Act The Wharton School University of Pennsylvania a b c d e f g The Davis Bacon Act Should Be Repealed Report to the Congress by the Comptroller General of the United States HRD 79 18 PDF Government Accountability Office April 27 1979 retrieved 27 December 2012 AFL CIO v Donovan 712 F 2d 611 United States Court of Appeals District of Columbia Circuit 1983 archived from the original on 15 May 2010 retrieved 9 January 2013 H R 2747 Summary United States Congress Retrieved 12 September 2013 Prevailing Wage Laws and Regulations Arkansas Department of Labor DOL Common Construction Wage Home Indiana Department of Labor 26 April 2021 Effective January 9 2017 with emergency clause in the legislation Prevailing Wage Michigan Department of Licensing and Regulatory Affairs Effective May 12 2016 90 days after veto override Repeal effective September 23 2017 Raised the threshold from 400 000 to 1 000 000 as part of the state budget Effective October 31 2017 Changes the formula for calculating the prevailing wage to become much weaker and exempts projects under 75 000 Effective August 28 2018 Applies to road construction only as all other projects became exempted starting January 1 2014 1 a b Rustin Bayard 1971 The Blacks and the Unions Harper s archived from the original on 21 February 2013 retrieved 26 December 2012 WDOL website a b Getek John Mar 10 1997 Inaccurate Data Were Frequently Used in Wage Determinations Made Under the Davis Bacon Act Report Number 04 97 013 04420 PDF Office of Audit Office of Inspector General U S Department of Labor retrieved 27 December 2012 a b c d Lewis Elliot P 30 March 2004 Concerns Persist with the Integrity of Davis Bacon Act Prevailing Wage Determinations Audit Report No 04 04 003 04 420 PDF Office of Audit Office of Inspector General US Department of Labor retrieved 27 December 2012 a b c d Joint Held Hearing on Davis Bacon Fraud and Abuse U S Government Printing Office 18 January 1996 ISBN 0 16 053915 3 retrieved 28 December 2012 Allen Steven G Reich David December 1980 Prevailing Wage Laws Are Not Inflationary A Case Study of Public School Construction Costs Center to Protect Workers Rights a b Davis Bacon Prevailing Wage Rates Are Not Synonymous With Union Wage Rates International Brotherhood of Electrical Workers Local 725 archived from the original on 19 June 2013 retrieved 29 December 2012 Duncan Kevin C June 2011 An Analysis of Davis Bacon Prevailing Wage Requirements Evidence from Highway Resurfacing Projects in Colorado PDF Healy Center for Business and Economic Research retrieved 26 December 2012 Yglesias Matthew Two Cheers for Special Interests archived from the original on 11 November 2005 retrieved 22 September 2005 a b c d e f Wilkerson Isabel 2011 The Warmth of Other Suns The Epic Story of America s Great Migration Vintage ISBN 978 0679763888 Marks Carole October 1983 Lines of Communication Recruitment Mechanisms and the Great Migration of 1916 1918 Social Problems 31 1 73 83 doi 10 1525 sp 1983 31 1 03a00050 Great Migration The African American Exodus North retrieved 26 December 2012 Williams Walter 2001 Race and Economics How Much Can Be Blamed on Discrimination p 34 ISBN 978 0817912451 U S Congress House Committee on Labor Hearings on H R 17069 69th Cong 2d Sess Feb 28 1927 pp 2 4 Hearings on H R 7995 amp H R 9232 71st Cong 2d Sess Mar 6 1930 pp 26 27 U S Congress House Committee on Labor Hearings on H R 7995 amp H R 9232 71st Cong 2d Sess Mar 6 1930 pp 26 27 Olson Mancur 1971 The Logic of Collective Action Public Goods and the Theory of Groups Harvard University Press ISBN 0674537513 Gould William B 1977 Black Workers in White Unions Job Discrimination in the United States Cornell University Press ISBN 0801410622 Bloch Herbert 1958 Craft Unions and the Negro in Historical Perspective Journal of Negro History 43 24 a b c Hill Herbert 1961 Racism Within Organized Labor A Report of Five Years of the AFL CIO 1955 1960 Journal of Negro Education 30 30 113 117 doi 10 2307 2294330 JSTOR 2294330 Hill Herbert 1989 Shulman Steven Darity William Jr eds Black Labor and Affirmative Action An Historical Perspective The Question of Discrimination Wesleyan University Press 190 238 and 258 n 181 Waldinger Roger Bailey Thomas 1991 The Continuing Significance of Race Racial Conflict and Racial Discrimination in the Construction Industry Politics and Society 19 297 Congressional Record March 7 1995 PDF Congressional Record United States House of Representatives March 7 1995 retrieved 29 December 2012 Retrieved from https en wikipedia org w index php title Davis Bacon Act of 1931 amp oldid 1203317821, wikipedia, wiki, book, books, library,

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