The Davis-Bacon & Related Acts (DBRA) require that all mechanics and laborers employed or working at the site of the work will be paid unconditionally and not less often than once a week and without subsequent deduction or rebate on any account the full amounts of wages and bona fide fringe benefits due at time of payment. The payment shall be computed at wage rates not less than those contained in the wage determination, which is contained in the contract.
Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill or experience. It is the employer's responsibility to maintain complete and accurate payroll records to reflect the specific classification(s) of work performed by each employee.
To assist employers to classify their employees correctly, the South Dakota Department of Transportation (SDDOT) provides "Defined Work Classifications" which describes the typical duties performed by each Wage Classification. The Defined Work Classifications were previously published in the 1991, 1992, 1993, 1994, 1995, 1996, 1997 and 1998 editions of the South Dakota Department of Transportation Labor Compliance Manual for Contractors.
Defined Work Classifications & Wage Requirements
The Davis-Bacon Highway-Heavy Construction Wage Decisions, of the U.S. Department of Labor (U.S. DOL), apply to all Federal-aid construction contracts exceeding $2,000. The Transportation Commission adopted that the U.S. DOL's Davis-Bacon Wage Decisions will also apply to the South Dakota Department of Transportation's non-Federal funded highway construction contracts where the award amount meets or exceeds $100,000.
The most recent U.S. DOLâ€™s Highway-Heavy Construction Wage Decision for South Dakota is effective on SDDOTâ€™s construction contracts let after October 31, 2015.
Summary of the significant changes to the Defined Work Classifications after the 1998 Labor Compliance Manual for Contractors was published.