GHURA's Wage and Compliance Requirements
What you need to know!
Informational video for GHURA's Wage and Compliance requirements for Contractors and Subcontractors.
The Davis-Bacon Act
The Davis-Bacon and Related Acts, apply to contractors and subcontractors performing on federally funded or assisted contracts in excess of $2,000 for the construction, alteration, or repair (including painting and decorating) of public buildings or public works. Davis-Bacon Act and Related Act contractors and subcontractors must pay their laborers and mechanics employed under the contract no less than the locally prevailing wages and fringe benefits for corresponding work on similar projects in the area. The Davis-Bacon Act directs the Department of Labor to determine such locally prevailing wage rates. The Davis-Bacon Act applies to contractors and subcontractors performing work on federal or District of Columbia contracts. The Davis-Bacon Act prevailing wage provisions apply to the “Related Acts,” under which federal agencies assist construction projects through grants, loans, loan guarantees, and insurance.
For prime contracts in excess of $100,000, contractors and subcontractors must also, under the provisions of the Contract Work Hours and Safety Standards Act, as amended, pay laborers and mechanics, including guards and watchmen, at least one and one-half times their regular rate of pay for all hours worked over 40 in a workweek. The overtime provisions of the Fair Labor Standards Act may also apply to DBA-covered contracts.
Davis Bacon Act Poster
Every employer performing work covered by the labor standards of The Davis-Bacon and Related Acts shall post a notice (including any applicable wage determination) at the site of the work in a prominent and accessible place where it may be easily seen by employees.
Certified Payroll Exercise
Davis Bacon Compliance Principles
Davis Bacon Act for Contracting Officials
Fair Labor Standards Act
The Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, recordkeeping, and youth employment standards affecting employees in the private sector and in Federal, State, and local governments. Covered nonexempt workers are entitled to a minimum wage of not less than $7.25 per hour effective July 24, 2009. Overtime pay at a rate not less than one and one-half times the regular rate of pay is required after 40 hours of work in a workweek.
FLSA Minimum Wage: The federal minimum wage is $7.25 per hour effective July 24, 2009. Many states also have minimum wage laws. In cases where an employee is subject to both state and federal minimum wage laws, the employee is entitled to the higher minimum wage.
FLSA Overtime: Covered nonexempt employees must receive overtime pay for hours worked over 40 per workweek (any fixed and regularly recurring period of 168 hours – seven consecutive 24-hour periods) at a rate not less than one and one-half times the regular rate of pay. There is no limit on the number of hours employees 16 years or older may work in any workweek. The FLSA does not require overtime pay for work on weekends, holidays, or regular days of rest, unless overtime is worked on such days.
Hours Worked: Hours worked ordinarily include all the time during which an employee is required to be on the employer’s premises, on duty, or at a prescribed workplace.
Recordkeeping: Employers must display an official poster outlining the requirements of the FLSA. Employers must also keep employee time and pay records.
Child Labor: These provisions are designed to protect the educational opportunities of minors and prohibit their employment in jobs and under conditions detrimental to their health or well-being.
Fair Labor Standards Act Poster
Every employer of employees subject to the Fair Labor Standards Act's minimum wage provisions must post, and keep posted, a notice explaining the Act in a conspicuous place in all of their establishments so as to permit employees to readily read it. The content of the notice is prescribed by the Wage and Hour Division of the Department of Labor. An approved copy of the minimum wage poster is made available for informational purposes or for employers to use as posters.
FLSA: Fact Sheet
FLSA: Record Keeping Requirements
Fair Labor Standards Act Comprehensive PPT.
Section 3
Section 3's recognizes that HUD funding typically results in projects/activities that generate new employment, training and contracting opportunities not only provide "bricks and mortar", but can also positively impact the lives of local residents who live the neighborhoods being redeveloped.
Grantee's/recipients of HUD funding must abide by the Section 3 benchmarks:
Section 3 Worker = 25% of Total Labor Hours
Section 3 Targeted Worker= 5% of Total Labor Hours
Section 3 Worker
A low or very low-income resident (the worker’s income for the previous or annualized calendar year is below the income limit established by HUD); or
Employed by a Section 3 business concern; or
A Youth Build participant.
Section 3 Targeted Worker
Employed by a Section 3 business concern or
Currently meets or when hired met at least one of the following categories as documented within the past five years:
o A resident of public housing; or
o A resident of other public housing projects or Section 8-assisted housing; or
o A YouthBuild participant.
Targeted Section 3 Worker Definition (for housing and community development)
Employed by a Section 3 business concern or
Currently meets or when hired met at least one of the following categories
o Living within the service area of the neighborhood of the project, as defined in 24 CFR 75.5
o A YouthBuild participant
Best Efforts for Section 3:
Outreach efforts to generate job applicants who are targeted section 3 workers
Training/apprenticeship opportunities
Technical assistance provided to help section 3 workers compete for jobs (resume assistance, etc)
Provide/Connect Section 3 workers with assistance in seeking employment
Holding job fairs
Provide section 3 workers to services supporting work readiness and retention
Provided assistance to apply for/or attend education/vocational training
Provide financial literacy training
Engage in outreach to identify and secure bids from section 3 business concerns
Provide technical assistance to section 3 business concerns to help them understand section 3 requirements
Provide bonding assistance, guaranties, or other efforts to support viable bids from section 3 business concerns.
Promote use of Section 3 business registrar and hud opportunity portal
Outreach, engagement, or referrals with the state one-stop system.
Employer portal
applicant portal
Self-certification for section 3 workers
Certification for business concerns
Helpful portals
If you are a Section 3 resident looking for work or you are a Section 3 business looking for applicants please visit www.hud.gov/section3
Opportunity Portal: https://hudapps.hud.gov/OpportunityPortal/search.action#job-search
Employer Portal: https://hudapps.hud.gov/OpportunityPortal/addJob.action
NOTE: An account can either be used as a Worker profile or an Employer profile but not both. If you are participating as both a worker and an employer, then you will need to create two separate Login.gov accounts and login to each separately as needed.
If you need any additional information please visit
or
https://www.hud.gov/section3