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Prevailing Wage and Local Hiring Law in the County
The Baltimore County Prevailing Wage and Local Hiring Law requires the prevailing wage be paid to workers on County-financed construction contracts that are valued at more than $300,000 and County-subsidized capital projects receiving assistance over $5,000,000, per Baltimore County Code Sections 10-2-506 and 10-2-507, as applicable. The County law is effective for contracts signed on or after July 1, 2021.
Prevailing wage is the wage rate paid by employers that is determined by a governmental authority, based upon a particular geographic area, for a given class of labor and type of project. A County-financed construction contract is a contract for construction work that is awarded by the County or where County funds are used to finance all or part of the cost of the contract.
The County law is modeled after the federal Davis-Bacon Act and is designed to ensure that construction workers employed under public works contracts are paid the going rate for their services. Bill 102-20 also prohibits the misclassification of workers into lower paying job categories; gives the County the ability to withhold payments if a violation of the law is found; and imposes reporting requirements to track compliance.
The County's Prevailing Wage Law assures construction workers appropriate wage rates and requires construction contractors awarded County contracts to pay their workers the amount specified by law. The law regulates the hours of labor, rates of pay, conditions of employment and obligations of employers.
For the workers, the prevailing wage represents the fairness and basic respect they deserve in return for the work they do. The law commits to employers who bid on construction contracts that they will not be underbid by employers who pay as little as they can to workers.
Wage Determinations
The County prevailing wage rates are established by the State Commissioner of Labor and Industry. Wage determinations establish the wage and fringe benefit rates for each classification of worker by county for one year. The law requires employees on County public works contracts to be paid overtime for hours in excess of eight hours in a single day, more than 40 hours in a work week, and for work performed on a Sunday or a legal holiday. Contractors found to be paying wages below the prevailing wage rate may be assessed appropriate sanctions of $20 per day for each worker paid less than the established rate.
Certified Payroll Statements
Contractors on County-funded construction projects covered by the Prevailing Wage Law are required to submit certified payroll statements for straight time and overtime work. Certified payrolls must be submitted to the Compliance Monitor within 14 days after the end of the payroll period. Liquidated damages for late submission of payrolls total $10 for each calendar day the records are late.
If the federal or state prevailing wage law applies to a construction project, the County law does not apply; however, those jurisdictions funding the project will apply.
The prevailing wage law does not apply to the following construction contracts:
- County-financed construction contracts of less than $300,000
- County-financed construction contracts that are subject to a Federal or State prevailing wage law
- Non-competitive contracts awarded under the County Code
- Contracts with a government entity
- Contracts where the contractor is expressly precluded from complying with the County's prevailing wage law by the terms of a federal or state law, contract or grant
- Joint or cooperative procurements under the County Code
- Emergency procurements under the County Code
Documents and Resources
- Prevailing Wage Law for Baltimore County
- Local Hiring Law for Baltimore County
- Maryland Prevailing Wage Informational Rate
- Prevailing Wage and Local Hiring Contract Requirements and Policies
- Prevailing Wage and Local Hiring Affidavit
- Prevailing Wage and Local Hiring Quarterly Report Form
- Prevailing Wage Law Complaint Form
- "How to Submit Payrolls for Vendors" video
- "How to Submit Workforce Reports for Vendors" video
For Prevailing Wage and Local Hiring Law help, email prevailingwage@baltimorecountymd.gov.