Virginia enacted its prevailing wage law in 2020, effective May 1, 2021. It applies to public works contracts of $250,000 or more with state agencies (any state funding) or localities that have adopted a prevailing wage ordinance. Prevailing wage rates are based on federal Davis-Bacon determinations.
Virginia has an active prevailing wage law (Virginia Prevailing Wage Act (Code of Virginia Section 40.1-28.9 et seq.)). Administered by Virginia Department of Labor and Industry (DOLI). Certified payroll is required. Federal Davis-Bacon applies to all federal projects.
The federal Davis-Bacon Act applies to all federally funded or federally assisted construction contracts over $2,000 in Virginia. This includes projects funded by federal agencies, FHWA highway projects, HUD housing, and projects receiving federal grants.
Contractors who pay less than prevailing wage are liable for the difference plus 8% annual interest. Violators are disqualified from bidding on public contracts until all workers are fully paid.
Virginia enacted its prevailing wage law in 2020 with an effective date of May 1, 2021. This made Virginia one of the first states in decades to establish a new prevailing wage law rather than repeal one.