In Amaya v. Power Design, Inc., No. 15-1691, 2016 WL 4269801 (4th Cir. Aug. 15, 2016), the plaintiffs were 23 electrical construction workers who performed work on the Bethesda Navy Exchange.
The subcontract expressly incorporated the Davis–Bacon Act (DBA), and the Contract Work Hours and Safety Standards Act (CWHSSA).
The DBA applies to federal construction contracts valued over $2,000, and it requires contractors and subcontractors to pay their employees a “prevailing” wage set by the Secretary of Labor that consists of a “basic hourly rate of pay” and fringe benefits.
The CWHSSA applies to “any” federally funded or assisted construction contracts and subcontracts for public works that are valued over $100,000, and requires contractors and subcontractors to pay their employees time and one-half their “basic rate of pay” for all hours worked over forty each week.
Neither the DBA nor the CWHSSA has an explicit private right of action.
The Amaya plaintiffs brought their case under the FLSA.