With many projects supported by the Bipartisan Infrastructure Law gaining speed across the nation as temperatures rise and the ground softens, the U.S. Department of Labor’s Wage and Hour Division is showing its commitment to ensuring the safety of workers’ wages during the annual celebration of National Construction Safety Week, May 2-6. The organization announced new compliance assistance materials, including a toolkit in both English and Spanish languages, specifically to help construction workers understand their rights and inform employers about their legal obligations.
In addition, the division has launched a webpage to help construction employees and employers understand Davis-Bacon Act worker protections for projects created by the Bipartisan Infrastructure Law.
In fiscal year 2021, the division identified more than $360 million in back wages owed to about 21,000 construction industry workers. In the same period, violations of the Davis-Bacon and Related Acts – wage laws governing federally funded projects – recovered more than $12 million in back wages for more than 4,000 workers.
Division investigators commonly find violations related to the misclassification of workers as independent contractors, failing to pay employees work-related travel time and pre- and post-shift work, and not paying overtime as required for hours over 40 in a workweek. On federally funded projects, failing to pay the correct prevailing wage rate, improper calculations of required fringe benefits and not paying for all hours of work and making illegal deductions from wages are common violations.
The Bureau of Labor Statistics projects construction industry employment to grow at a rate of 6% from 2020 to 2030 and gain approximately 400,000 jobs. Employers who comply with labor laws will be better positioned to recruit and retain skilled workers.