Prevailing Wage and Davis-Bacon Compliance in Missouri
eMars provides certified payroll and compliance solutions tailored primarily for federal projects and select state jurisdictions. While many agencies accept the standard WH-347 form, some states will require their own form. For questions about supported jurisdictions, please contact our team directly.
Components of Wage Determinations
Both state and federal wage determinations in Missouri include:
- Basic Hourly Rate: The minimum wage rate paid directly to workers for every hour worked.
- Fringe Benefits: Health insurance, retirement, paid leave, or other benefits paid on top of the basic rate.
- Total Hourly Rate: The sum of the basic hourly rate and fringe benefits.
If no fringe benefits are provided, the contractor must pay the full total hourly rate as cash directly to the worker.
Compliance for Contractors and Subcontractors
For both state-funded and federally funded public works projects in Missouri, contractors and subcontractors must adhere to the following compliance guidelines:
Determine Applicable Wage Rates
Determine Applicable Wage Rates
For federal projects, pull the applicable wage determination from SAM.gov. For state projects, use the Annual Wage Order issued by the Missouri Division of Labor Standards.
Submit Certified Payroll Reports
Submit Certified Payroll Reports
For federal projects, submit Form WH-347 weekly to the contracting agency. For Missouri public works projects, submit certified copies of payrolls monthly to the contracting public body (8 CSR 30-3.010), and file a signed Affidavit of Compliance with the public body at project completion before final payment is released (RSMo 290.290).
Handle Fringe Benefits
Handle Fringe Benefits
Pay every worker the correct prevailing wage for their occupational title, including basic hourly rate plus fringe benefits. If no fringe benefits are provided, pay the equivalent value as additional cash on top of the basic rate.
Post Wage Rates On-Site
Post Wage Rates On-Site
Display the applicable Annual Wage Order or federal determination in a prominent and easily accessible place at the job site.
Maintain Accurate Records
Maintain Accurate Records
Keep payroll records, classifications, hours, wages, and fringe benefits for at least one year following project completion under Missouri law (RSMo 290.290). Federal Davis-Bacon recordkeeping runs for three years and includes worker contact information on DOL request. Records must be available for inspection by the Missouri Division of Labor Standards, the contracting public body, or the U.S. Department of Labor.
Penalties for Non-Compliance
Failure to comply with prevailing wage laws in Missouri can result in:
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Back Wages owed to underpaid workers
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Civil Fines assessed by the Division of Labor Standards
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Criminal Prosecution for falsification of wage submissions
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A worker's Right of Action for double the difference between wages paid and the prevailing rate, plus reasonable attorney's fees
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Debarment from bidding on future public works contracts for repeated or willful violations
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Withholding of Payment until a satisfactory Affidavit of Compliance is filed
Unique Aspects of Missouri's Prevailing Wage System
- Local Wage Determination: Missouri's system determines prevailing wages based on surveys within each county rather than applying a single statewide rate. This means wage rates can vary significantly depending on the local market rates in each county.
- Public Works Threshold: In Missouri, the prevailing wage requirement only applies to public works projects that exceed a specific threshold value. Projects below this threshold are exempt, allowing smaller projects to be completed without meeting prevailing wage requirements.
- Annual Wage Order Cycle: Draft rates are filed with the Secretary of State by March 10, and the final Annual Wage Order is published by July 1 each year, with a 30-day objection window after filing with the Secretary of State.
- Monthly Certified Payroll to the Public Body: Contractors file monthly with the awarding public body under 8 CSR 30-3.010, plus a final Affidavit of Compliance before final payment under RSMo 290.290.
Relevant Resources
- Davis-Bacon Wage Determinations: SAM.gov
- DOL Form WH-347 (Revised January 2025)
Missouri Department of Labor: Prevailing Wage Information: Missouri Prevailing Wage Information
- U.S. Department of Labor Wage and Hour Division: Davis-Bacon and Related Acts
- Updating the Davis-Bacon and Related Acts Regulations - DOL Final Rule
For the most accurate and current information on prevailing wage requirements, consult the U.S. Department of Labor or your state's official labor website.
Missouri Prevailing Wage FAQs
Does Missouri have a state-specific prevailing wage law?
Yes. The Missouri Prevailing Wage Law requires contractors on state and local public works projects costing more than $75,000 to pay workers the prevailing wage rates set by the Missouri Division of Labor Standards within DOLIR. For federally funded projects, the Davis-Bacon Act applies separately at a $2,000 threshold.
How are prevailing wage rates determined in Missouri?
For state-funded projects, the Missouri Division of Labor Standards sets prevailing wage rates by county and by occupational title through annual wage surveys. Draft rates are filed with the Secretary of State by March 10, and the final Annual Wage Order is published by July 1 each year. For federally funded projects, the U.S. Department of Labor sets rates published on SAM.gov, and contractors apply the determination in effect ten days before bid opening.
What are the penalties for non-compliance with prevailing wage laws in Missouri?
Penalties include back wages, civil fines from the Division of Labor Standards, a worker's right of action for double the difference between wages paid and the prevailing rate plus reasonable attorney's fees (RSMo 290.300), withholding of final payment until a satisfactory Affidavit of Compliance is filed, and debarment from future public works contracts for repeated or willful violations. Federal Davis-Bacon penalties layer on top when federal funds are involved.
How are fringe benefits handled under prevailing wage laws in Missouri?
Contractors must provide bona fide fringe benefits such as health insurance, retirement, or paid leave, or pay the equivalent value as additional cash on top of the basic hourly rate. Total compensation must equal at least the basic rate plus the fringe rate listed on the applicable Annual Wage Order or SAM.gov determination. If no fringe benefits are provided, the full total hourly rate must be paid as cash directly to the worker.