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State Wage Statute Supplemented Davis-bacon Regulations

Saturday, July 09, 2005 03:19 pm


A federal appeals court has ruled that states are entitled to supplement the Davis-Bacon Act with more stringent prevailing wage requirements. State law has not been preempted by federal law in this area.

The Wisconsin Department of Transportation awarded two highway construction contracts to Frank Brothers, Inc. The projects were funded by both state and federal agencies under the provisions of the Federal-Aid Highway Act. The contracts expressly incorporated the Davis-Bacon Act's prevailing wage provisions and also required the contractor to comply with the laws and regulations of the State of Wisconsin.

The construction projects necessitated the hauling [...]

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