Virginia has adopted a prevailing wage statute and amended its wage theft law. Contractors risk significant liability and penalties for noncompliance.
Prevailing Wage Statute
Like its federal counterpart, the Davis-Bacon Act, Virginia’s prevailing wage statute, Virginia Code § 2.2-4321.3, requires contractors and subcontractors working on state public projects to pay prevailing wage rates to any “mechanic, laborer or worker” providing labor or services “in connection with” the public project. However, prevailing wages on public contracts with a locality (e.g., any county, city, town, school division or other political subdivision) are not required, unless the locality has adopted an ordinance requiring bidders or contractors to do so.