Public WorksQuestion 1598 of 1632

On a federal public works project, the prevailing wage requirement comes primarily from the:

a.The Uniform Commercial Code, article 2, covering materials
b.The California Labor Code, which follows the project
c.The federal Davis-Bacon Act and its wage determinations
d.The Contractors State License Law, through §7108

Explanation

On a federally funded construction contract above the statutory threshold, the Davis-Bacon Act requires the locally prevailing wages and fringe benefits determined by the U.S. Department of Labor. California's Labor Code prevailing wage scheme attaches to state and local public works; it does not travel onto a federal project merely because the work is in California. Article 2 of the Commercial Code governs sales of goods and says nothing about wages. B&P §7108 concerns diversion of funds by a licensee, not wage rates.

Law Reference: 40 U.S.C. §3142 (Davis-Bacon Act)

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