Nebraska

Nebraska does not have a prevailing wage law that is enforced by the Nebraska Dept. of Labor. Nebraska defaults to Davis-Bacon regulations and wages.

Davis-Bacon

The Davis-Bacon and Related Acts apply 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. Davis-Bacon and Related Act contractors and subcontractors must pay their laborers and mechanics employed under the contract no less than the locally prevailing wages and fringe benefits for corresponding work on similar projects in the area. The Davis-Bacon Act directs the Department of Labor to determine such locally prevailing wage rates. The Davis-Bacon Act applies to contractors and subcontractors performing work on federal or District of Columbia contracts. The Davis-Bacon Act prevailing wage provisions apply to the “Related Acts,” under which federal agencies assist construction projects through grants, loans, loan guarantees, and insurance.

For prime contracts in excess of $100,000, contractors and subcontractors must also, under the provisions of the Contract Work Hours and Safety Standards Act, as amended, pay laborers and mechanics, including guards and watchmen, at least one and one-half times their regular rate of pay for all hours worked over 40 in a workweek. The overtime provisions of the Fair Labor Standards Act may also apply to DBA-covered contracts.

Compliance Tips:

  • The Fair Labor Standards Act (FLSA) is a federal law that regulates minimum wage, overtime, equal pay, recordkeeping, and child labor for employees of enterprises engaged in interstate or foreign commerce and employees of state and local governments. The FLSA is enforced by the Wage and Hour Division of the U.S. Department of Labor (DOL).
  • Nebraska law requires contractors bidding for state public works contracts to file a statement they are in compliance with fair labor standards. In addition, each contract for public works must include a provision that fair labor standards will be met on that contract. “Fair labor standards” means the scale of wages and conditions of employment maintained by at least 50% of the contractors in the same business as the filing contractor. Such compliance is also required when applying for Foreign Labor Certifications.
  • On Davis-Bacon projects workers must be paid no less than weekly.
  • When a contractor performs work on a DBA-covered contract and the applicable wage determination does not provide a rate for a classification of work to be performed, the needed classification and wage rate must be added in conformance to the contract wage determination. This is the conformance process.

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