Virginia prevailing wage laws fall under the Little Davis-Bacon Act, found under Code of Virginia Code of Virginia § 2.2-4321.3, which establishes prevailing wage on public works. “Public works” means the operation, erection, construction, alteration, improvement, maintenance, or repair of any public facility or immovable property owned, used, or leased by a state agency or locality, including transportation infrastructure projects. Virginia Awarding Agencies can require a Project Labor Agreement on the project which could require contractors to adhere to the agreements of specified labor organizations. Contractors working on a public works project will have to maintain payroll records for six years and make these records available to the Department of Labor and Industry within 10 days of request.

Compliance Tips:

  • The Virginia Little Davis-Bacon Act will not apply to any Virginia public contract for public works of $250,000 or less
  • Each employer must provide a certification of the pay scale for each craft employed on the project, including fringe benefits and the funds they are paid to
  • Any employer who fails to make payment of wages will be subject to a civil penalty not exceed $1,000 for each violation