There is no active prevailing wage law in West Virginia at the state level. The legislature repealed the state’s Prevailing Wage Act in 2016, so construction projects paid for entirely with state or local money no longer carry a government-set wage floor. Federal prevailing wage rules under the Davis-Bacon Act still apply to any West Virginia project that receives federal funding, and recent infrastructure spending has pulled a growing share of construction work back under those federal requirements.
What the 2016 Repeal Changed
In 2016, the West Virginia Legislature repealed Chapter 21, Article 5A of the state code in full, striking sections 21-5A-1 through 21-5A-12.1West Virginia Legislature. West Virginia Code Chapter 21 Article 5A – Wages for Construction of Public Improvements Before the repeal, the state Division of Labor published annual wage schedules for government-funded construction. It no longer does.
On a project funded entirely by state or local tax dollars, contractors and workers set wages through the market. There is no state-mandated minimum rate tied to trade classification. A county-financed school renovation, a locally funded road resurfacing job, or an addition to a state office building all sit outside prevailing wage requirements unless federal money enters the picture.
A 2026 Bill That Could Bring It Back
Senate Bill 111, introduced on January 14, 2026, would re-establish prevailing wage requirements for state government construction contracts under a revived Article 5A. The bill was referred to the Senate Workforce Committee and remains pending.2West Virginia Legislature. Bill Status – Complete Bill History, SB 111 Contractors bidding state-funded work should watch it. If it passes, wage determinations would return for projects that have been market-rate since 2016.
When Federal Davis-Bacon Still Applies in West Virginia
The state repeal did not touch federal law. Under the Davis-Bacon Act, every federal or federally assisted construction contract exceeding $2,000 must include prevailing wage provisions, requiring contractors to pay laborers and mechanics at least the locally prevailing rates for similar work in the same area. Those rates cover both a basic hourly wage and a fringe benefit component.3Office of the Law Revision Counsel. 40 USC 3142 – Rate of Wages for Laborers and Mechanics The Act also requires the applicable wage scale to be posted where workers can see it.
The $2,000 threshold is low enough that essentially every real federal construction contract triggers coverage. Beyond direct federal contracts, dozens of “Related Acts” extend Davis-Bacon rules to projects that receive federal grants, loans, or loan guarantees. The programs contractors encounter most often in West Virginia include the Federal-Aid Highway Acts, the Housing and Community Development Act of 1974, and the Federal Water Pollution Control Act.4U.S. Department of Labor. Davis-Bacon Wage Determination Conformance Request Guide
The Bipartisan Infrastructure Law
The Bipartisan Infrastructure Law, signed in 2021, expanded Davis-Bacon coverage substantially. It added funding to programs already covered by existing Related Acts, created new programs under those Related Acts, and attached Davis-Bacon requirements to entirely new categories of projects, especially in energy infrastructure under Division D of the law.5U.S. Department of Labor. Fact Sheet #66A: Bipartisan Infrastructure Law For West Virginia, that means bridge work, water system upgrades, clean energy construction, and airport terminal projects funded through BIL programs carry prevailing wage obligations that similar projects would not have had under earlier funding structures.
HUD Housing Projects
Federal housing programs have their own coverage rules. Community Development Block Grant funds trigger Davis-Bacon for any construction they finance, and once triggered, coverage applies to the entire project rather than just the federally funded portion. For residential rehabilitation, the threshold is properties with eight or more units. HOME program funds bring in Davis-Bacon for affordable housing projects with 12 or more assisted units, and splitting a project into smaller contracts to stay under that threshold violates HOME regulations.6U.S. Department of Housing and Urban Development. Factors of Labor Standards Applicability
EPA Water and Wastewater Projects
Water and wastewater infrastructure funded through EPA State Revolving Fund loans also carries Davis-Bacon requirements through the terms of EPA assistance agreements.7US EPA. Interim Davis Bacon Act Guidance Given the volume of water infrastructure work happening across the state, contractors in that space run into federal prevailing wage obligations regularly even though West Virginia itself no longer imposes them.
Finding the Correct Wage Determination
Every covered project requires a specific wage determination: a schedule listing hourly base pay and fringe benefit amounts for each trade classification in the project’s geographic area. Determinations are published on SAM.gov and can be searched by state and county or pulled up directly by number.8SAM.gov. Wage Determinations When no general determination covers a project, the contracting agency can request a project-specific determination from the Department of Labor, which remains valid for 180 calendar days.9Acquisition.GOV. 48 CFR 22.404-1 – Types of Wage Determinations Verify the determination number and revision date before every bid; using the wrong one or an expired one is a compliance failure.
Certified Payroll and Recordkeeping
Federal regulations require contractors and subcontractors on covered projects to submit certified weekly payrolls to the contracting agency. Form WH-347 is the standard template, and while its use is technically optional as long as all required information appears, nearly every agency expects it.10U.S. Department of Labor. Instructions For Completing Davis-Bacon and Related Acts Weekly Certified Payroll Form, WH-347
Each weekly submission has to document every worker’s name, labor classification, daily and weekly hours, wage rate, and a breakdown of fringe benefit payments showing whether contributions go to a plan or are paid as cash in lieu of benefits. The payroll comes with a signed Statement of Compliance certifying accuracy, and falsifying that statement carries the same legal weight as perjury.
Certified payrolls must be preserved for at least three years after the prime contract is completed.11eCFR. 29 CFR 5.5 – Contract Provisions and Related Matters The Department of Labor can audit during that window and also interviews workers on site to compare actual pay against what the certified payroll reports.
Fringe Benefits
The fringe benefit portion of a wage determination trips up more contractors than the base wage. You can meet the fringe obligation by contributing to benefit plans, paying the fringe amount as extra cash wages, or combining the two. When you take credit for plan contributions, the plans must qualify as “bona fide” under federal standards.12U.S. Department of Labor. Fact Sheet #66E: The Davis-Bacon and Related Acts – Compliance with Fringe Benefit Requirements
For funded plans like health insurance or pension programs, contributions must be irrevocable and paid to an unrelated trustee or third party, cannot be recaptured for business use, and must be made at least quarterly. Unfunded plans paid from general assets need prior Department of Labor approval, written communication to workers, and enough money set aside to cover benefits as workers become eligible.
Apprentices and Trainees
Apprentices can work on Davis-Bacon projects at less than the full journeyman rate, but only under specific conditions. The apprentice must be individually registered in a program approved by the U.S. Department of Labor’s Office of Apprenticeship or a recognized State Apprenticeship Agency. An unregistered worker listed at an apprentice rate on certified payroll has to be paid the full prevailing wage for the classification of work actually performed.13U.S. Department of Labor. Davis-Bacon and Related Acts Frequently Asked Questions
Apprentice pay is calculated as a percentage of the journeyman’s basic hourly rate from the applicable wage determination, based on the apprentice’s level of progress in the registered program. Ratio limits also apply: the number of apprentices to journeyworkers on site cannot exceed the ratio allowed by the registered program, and compliance is measured daily rather than averaged over the week. Any excess apprentices must be paid the full prevailing rate.14U.S. Department of Labor. Davis-Bacon Compliance Principles
One detail that catches out-of-state contractors: apprenticeship programs generally are not portable across state lines. A contractor working in a locality different from where their program is registered must follow the ratios and wage percentages of a registered program covering the project’s location.
Penalties for Non-Compliance
Enforcement starts with money. The contracting agency can withhold accrued payments to cover the full amount of unpaid wages, including interest, owed to workers. That withholding power extends across contracts, so if a contractor underpays on one federal project, agencies can pull funds from a different federal contract held by the same firm.15eCFR. 29 CFR Part 5 – Labor Standards Provisions Applicable to Contracts
Violations can also lead to contract termination, with the contractor liable for any additional costs the government incurs.16U.S. Department of Labor. Fact Sheet #66: The Davis-Bacon and Related Acts The Comptroller General maintains a public list of contractors who have disregarded their obligations, and appearing on that list triggers a three-year ban from all federal contract awards. The ban extends to any firm or partnership in which the listed person has an interest, so forming a new company is not a way around debarment.17Office of the Law Revision Counsel. 40 USC 3144
The Department of Labor also assesses civil monetary penalties, adjusted annually for inflation, with amounts published in the DOL’s penalty schedule.18U.S. Department of Labor. Civil Money Penalty Inflation Adjustments Submitting a knowingly false certified payroll can also trigger liability under the False Claims Act, with civil and potential criminal consequences. For a small subcontractor, a single audit that reveals systematic underpayment can end the business.