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Pennsylvania Prevailing Wage

Pennsylvania's Prevailing Wage Act applies to heavy highway and building construction projects that use public funds over $25,000. Projects may not be divided into components to fall below the threshold. The Department of Labor and Industry determines prevailing wage rates.

Pennsylvania has an active prevailing wage law (Pennsylvania Prevailing Wage Act (Act 442 of 1961, 43 P.S. Section 165-1 et seq.)). Administered by Pennsylvania Department of Labor and Industry. Certified payroll is required. Federal Davis-Bacon applies to all federal projects.

State Law Details

Law
Pennsylvania Prevailing Wage Act (Act 442 of 1961, 43 P.S. Section 165-1 et seq.)
Agency
Pennsylvania Department of Labor and Industry
Thresholds
Public construction projects using public funds over $25,000
Certified Payroll
Required

Federal Davis-Bacon Coverage

The federal Davis-Bacon Act applies to all federally funded or federally assisted construction contracts over $2,000 in Pennsylvania. This includes projects funded by federal agencies, FHWA highway projects, HUD housing, and projects receiving federal grants.

  • Threshold: $2,000 for federal contracts
  • Certified payroll (WH-347) required weekly
  • Wage determinations via SAM.gov
Search Federal Wage Determinations

Key Facts

  • Threshold is $25,000 for projects using public funds
  • Projects cannot be split to avoid the threshold
  • One of the oldest prevailing wage laws in the country (enacted 1961)
  • Intentional violations result in 3-year debarment and potential AG action
  • Has been a frequent target of repeal efforts that have not succeeded

Penalties

Unintentional violations: opportunity to pay back wages. Intentional violations: debarment from public contracts for 3 years and referral to Attorney General for liquidated damages.

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