# Davis Bacon wage question



## guyute65045 (Nov 23, 2006)

I am about to start a DB project and just got asked a question by one of my subs I don't have the answer to. 
*He is an Owner operator and a sole proprietorship. He claims that he does not pay himself until tax time, his business picks up living expenses and all until then. As an owner of the company does he have to pay himself the minimum wage rate for what he will be doing(trucking) while trucking on my job? I asked the state guy who handles all of these jobs but got no response. I assume it is the same way as LLC's and Corporations, but I want to make sure before I steer him wrong. Nor do I want to loose his truck on this job as he really needs the 6 weeks of trucking.
* anybody familiar with the DB wage stuff, this will be my 2nd DB project, but the first was just me and my employees and it was a non issue other then the paper work.
Thanks,
John


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## griz (Nov 26, 2009)

My understanding is that owners working on a job are not considered part of the wage rate structure. They have to be listed on the certified payroll if they drew wages but they can pay themselves what ever they want.


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## Elyrain (Dec 17, 2007)

I think griz is right, but I would have him sign a cert. of compliance also just to cover yourself. It basically should say he knows is a prevailing wadge job and the rate of what said operator should make. Make sure the group # is correct also according to what he's doing for ya. Also, if it's on a base there may be some kind of premium pay involved as well.


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## Kgmz (Feb 9, 2007)

From the Washington State Prevailing Wage Handbook.


*Sole Proprietors, Partners, and Officer/Owners: *​​​​Sole owners of their own businesses who perform the actual work themselves on public works projects are not required to pay themselves the prevailing wage rates. Partners in a partnership who own at least 30 percent of a company are likewise not required to pay themselves prevailing wage rates. The president, vice president and treasurer of a corporation are not required to pay themselves prevailing wage, as long as each owns at least 30 percent of the corporation. These companies must still comply with the remaining requirements of the statute. Specifically, they are still responsible for filing Intent and Afﬁdavit forms. Any worker performing actual work on the project who owns less than 30 percent of the company must be paid the prevailing wage rate.​
_WAC 296-127-026_




He will have to fill out his own forms for his company, and at least in Washington State it is illegal for you to fill them out. You can probably help him with them as long as he signs them, and you should get a copy for your own records as the law requires you and him to hold all records related to the job for 3 years.


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## PipeGuy (Oct 8, 2004)

I'd want an answer from someone here http://www.vtlmi.info/wageincome.cfm Anything else is a guess - educated or otherwise.


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## Kgmz (Feb 9, 2007)

Davis-Bacon or Prevailing Wage is a Federal Law. So all states should be the same as to the interpretion of the laws, and except of course for the wage rates which differ from area to area.


From the Vermont Labor website linked in previous post. Prevailing wage page and handbook.

*"The Employment Law Guide is offered as a public resource. It does not create new legal obligations and it is not a substitute for the U.S. Code, Federal Register, and Code of Federal Regulations as the official sources of applicable law. Every effort has been made to ensure that the information provided is complete and accurate as of the time of publication, and this will continue. Later versions of this Guide will be offered at **www.dol.gov/compliance** or by calling our Toll-Free Help Line at 1-866-4-USA-DOL (1-866-487-2365). "*


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