Davis-Bacon Act - Ohio

Summary of differences between federal and state regulations

Numerous states follow the federal Davis-Bacon regulations for their construction projects. Other states have used the federal Davis-Bacon Act to develop their own set of rules. Usually the state act is called the Little Davis-Bacon Act. How closely the state rules follow the Federal requirements vary from state-to-state.

Ohio is a Davis-Bacon State. Ohio’s prevailing wage law applies to construction projects undertaken by public authorities and requires that the public authorities pay the locally prevailing rate of wages to workers on the project.

Ohio’s prevailing wage rate is determined by the Director of the Ohio Department of Commerce (DOC) and is the sum of the basic hourly rate of pay; the rate of contribution irrevocably made by a contractor or subcontractor to a trustee or third person pursuant to a fund, plan or program; and the rate of costs to the contractor or subcontractor which may be reasonably anticipated in providing fringe benefits. These rates vary from locality to locality, and are based on collective bargaining agreements.

State

Contact

Ohio Department of Commerce (ODOC) Division of Labor and Worker Safety Wage and Hour Bureau

Regulations

ORC Chapter 4115: Wages and Hours on Public Works (Prevailing Wage)

Federal

Contact

Wage and Hour Division, Employment Standards Administration, Department of Labor

Regulations

29 CFR 1, 3, 5, 6 and 7; 48 CFR 22