DOL Compliance for Nonprofits
Hello, I am hoping someone out there reads this. This seems like a good place to meet other nonprofits running YouthBuild programs. I am in finance and compliance based out of Los Angeles and looking to meet others and exchange resources and best practices. I will subscribe to this topic so drop a comment and I will get a notification and respond.
The regulations removing the YouthBuild exemptions for Davis Bacon have impacted our community service planned site.
Has anyone found ways to work with this?
§672.545 Are YouthBuild programs subject to the Davis-Bacon Act labor standards?
(a) YouthBuild programs and grantees are subject to Davis-Bacon labor standards requirements under the circumstances set forth in paragraph (b) of this section. In those instances where a grantee is subject to Davis-Bacon requirements, the grantee must follow applicable requirements in the Department's regulations at 29 CFR parts 1, 3, and 5, including the requirements contained in the Davis-Bacon contract provisions set forth in 29 CFR 5.5.
(b) YouthBuild participants are subject to Davis-Bacon Act labor standards when they perform Davis-Bacon-covered laborer or mechanic work, defined at 29 CFR 5.2, on Federal or Federally-assisted projects that are subject to the Davis-Bacon Act labor standards. The Davis-Bacon prevailing wage requirements apply to hours worked on the site of the work.
(c) YouthBuild participants who are not registered and participating in a training program approved by the Employment and Training Administration must be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed.
29 §5.2 Definitions.
(m) The term laborer or mechanic includes at least those workers whose duties are manual or physical in nature (including those workers who use tools or who are performing the work of a trade), as distinguished from mental or managerial. The term laborer or mechanic includes apprentices, trainees, helpers, and, in the case of contracts subject to the Contract Work Hours and Safety Standards Act, watchmen or guards. The term does not apply to workers whose duties are primarily administrative, executive, or clerical, rather than manual. Persons employed in a bona fide executive, administrative, or professional capacity as defined in part 541 of this title are not deemed to be laborers or mechanics. Working foremen who devote more than 20 percent of their time during a workweek to mechanic or laborer duties, and who do not meet the criteria of part 541, are laborers and mechanics for the time so spent.
I just happen to be in a site visit with our FPO and she let me know basically no way around it. What specific restrictions regarding the Davis Bacon act is impacting you?
I believe the only exemption is as follows:
WIOA Regulations codified at 20 CFR 688.120 defines, “Community or public facility means those facilities which are either privately owned by non-profit organizations, including faith-based and community-based organizations, and publicly used for the benefit of the community, or publicly owned and publicly used for the benefit of the community.