Prevailing Wage Laws by State
Last updated November 2026. Twenty-nine states and Washington, DC have their own prevailing wage laws that set minimum wages and fringe benefits on state and locally funded public construction. The other 21 states have no state law, but the federal Davis-Bacon Act still applies to federally funded construction projects over $2,000 in every state.
United States
Click a state to zoom in, then use the arrows to browse all 50 states and DC. Click the state again to return to the full map. States appearing dark blue on the map have their own prevailing wage laws that apply to state and local projects. The other states defer to the U.S. federal Davis-Bacon Act which sets prevailing wage standards for federally funded construction projects.
The information on eBacon's interactive prevailing wage map is provided for general informational purposes only. The accuracy or availability of the information is subject to periodic updates. Overtime (OT) and double time (DT) requirements may be subject to other rules which vary by state, or subject to contract funding. Information published here must be verified by relevant government agencies.
Virginia Prevailing Wage Law
State law: over $250,000, state funds; localities opt in
State law. Applies to public works contracts over $250,000 paid in whole or part with state funds when a state agency contracts. Localities (counties, cities, towns, school divisions) are covered only if they adopt an ordinance (opt-in). Richmond, Arlington County (July 2021, for contracts solicited after Jan 1, 2022), Fairfax County (for contracts awarded after July 1, 2022) and Alexandria (Ordinance 5465, construction contracts over $250,000) have; Loudoun County's construction bids also require state prevailing wage rates. From July 1, 2027, public universities with management agreements are covered for state-general-fund construction contracts of $5 million or more. Covers construction, alteration, maintenance and repair of public facilities owned, used or leased by a state agency, covered university or locality. Certain DHCD and Virginia Housing low- and moderate-income housing contracts are exempt.
Details
| Statute | Va. Code § 2.2-4321.3 (SB 8, 2020 Acts Ch. 1243, approved Apr 22, 2020, effective May 1, 2021; amended 2021 Sp. Sess. I c. 549 and 2026 cc. 1014, 1040, 1060); employee civil actions under § 40.1-27.3; DOLI enforcement under § 40.1-29.Source: Va. Code § 2.2-4321.3; SB 8 (2020), chaptered. Last checked October 22, 2026. |
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| Dollar thresholds | Doesn't apply to contracts of $250,000 or less (§ 2.2-4321.3(N)). Public universities with state management agreements: construction contracts of $5 million or more paid with state general funds, initiated after July 1, 2027. (DOLI's page says both "or more" and "more than"; the statute exempts $250,000 or less.)Source: Va. Code § 2.2-4321.3; SB 8 (2020), chaptered; Virginia DOLI prevailing wage page. Last checked October 22, 2026. |
| Administering agency | Virginia Department of Labor and Industry (DOLI), Prevailing Wage office, 6606 West Broad Street, Richmond; prevailingwage@doli.virginia.gov. Agency websiteSource: Virginia DOLI prevailing wage page. Last checked October 22, 2026. |
| Where to get wage rates | DOLI wage determinations, based mainly on U.S. DOL Davis-Bacon general determinations; DOLI adds missing classifications (no "helper"). The contracting agency supplies the official determination, and the one in the bid and award stays for the whole contract. As amended in 2026, the statute has the Commissioner set rates from surveys every three years, never below Davis-Bacon.Source: Virginia DOLI prevailing wage page; Va. Code § 2.2-4321.3. Last checked October 22, 2026. |
| Wages vs. fringes | Davis-Bacon structure. Fringes paid at straight time on all hours. Registered apprentices get fringes per their agreement, or full journey fringe if the agreement is silent.Source: Virginia DOLI prevailing wage page. Last checked October 22, 2026. |
| Pay frequency | No prevailing-wage-specific rule. General rule (Va. Code § 40.1-29(B)): hourly employees at least every two weeks or twice a month; salaried employees at least monthly. Employees earning over 150% of the state's average weekly wage may be paid monthly if they agree.Source: Va. Code § 40.1-29; DOL state payday requirements. Last checked October 22, 2026. |
| Overtime and double time | The prevailing wage law (§ 2.2-4321.3) sets no overtime premium. Virginia's general rule (Virginia Overtime Wage Act, § 40.1-29.2) enforces federal FLSA overtime: 1.5x the regular rate for hours over 40 in a workweek, using FLSA methods and exemptions; claims within 3 years. DOLI: fringes are paid at straight time on all hours, including overtime.Source: Va. Code § 40.1-29.2; Va. Code § 2.2-4321.3; Virginia DOLI prevailing wage page. Last checked October 22, 2026. |
| Certified payroll forms | No recurring payroll filing. After award, the contractor certifies under oath to DOLI the pay scale for each craft used by it and its subs: total hourly amount, itemized wages and each benefit, and names and addresses of any third-party benefit funds (§ 2.2-4321.3(I)). DOLI provides an unnumbered form, or an equivalent may be used. Certify posting of rates within 10 days. Keep payroll records 6 years and produce them to DOLI within 10 days of request. Subcontractors must be registered in the state's eVA procurement system.Source: Va. Code § 2.2-4321.3; Virginia DOLI prevailing wage page. Last checked October 22, 2026. |
| Electronic filing portal | None. Pay scale certifications go to DOLI by email (prevailingwage@doli.virginia.gov) or mail (6606 West Broad Street, Richmond, VA 23230).Source: Virginia DOLI prevailing wage page. Last checked October 22, 2026. |
| EEO and workforce reports | Nothing found. Federal EO 11246 changes apply to federal jobs.Source: Federal Register 2026-17114. Last checked October 22, 2026. |
| Apprentice ratio rules | Registered apprentices and trainees (U.S. DOL, Virginia or another state agency) are paid under their agreements. Ratio not addressed.Source: Virginia DOLI prevailing wage page. Last checked October 22, 2026. |
| Local laws | Opt-in under Va. Code § 2.2-4321.3: Richmond; Arlington County (adopted July 2021, contracts over $250,000 solicited after Jan 1, 2022); Fairfax County ($250,000 and up, contracts awarded after July 1, 2022); Alexandria (Ordinance 5465, construction contracts over $250,000). Loudoun County applies the state prevailing wage law in its county construction bids.Source: Va. Code § 2.2-4321.3; City of Richmond prevailing wage page; Fairfax County prevailing wage program; City of Alexandria memo on a prevailing wage ordinance (Apr 21, 2022), on Arlington and Fairfax; City of Alexandria RFP 1047 (2023), Sec. 1.9 Prevailing Wage Ordinance 5465; Loudoun County IFB MD1745 (county construction contract, state prevailing wage law). Last checked October 22, 2026. |
| Recent changes | 2026: § 2.2-4321.3 amended (2026 Acts cc. 1014, 1040, 1060). Public universities with state management agreements must require prevailing wage on construction contracts of $5 million or more paid with state general funds and initiated after July 1, 2027. The rate definition now calls for Commissioner surveys every three years, never below Davis-Bacon, using the 29 CFR 1.2 method as of Jan 20, 2026. Work on non-government broadband and telecom facilities is excluded. The overtime statute (§ 40.1-29.2) was also amended in 2026 (c. 1040, HB 238). Remedies: back wages plus 8% interest; bidding disqualification until restitution; willful violations are a Class 1 misdemeanor.Source: Va. Code § 2.2-4321.3 (history: 2026 cc. 1014, 1040, 1060); Va. Code § 40.1-29.2 (history: 2026 c. 1040); SB 8 (2020), chaptered; Va. Code § 2.2-4321.3 (2026 update). Last checked October 22, 2026. |
The information on eBacon's interactive prevailing wage map is provided for general informational purposes only. The accuracy or availability of the information is subject to periodic updates. Overtime (OT) and double time (DT) requirements may be subject to other rules which vary by state, or subject to contract funding. Information published here must be verified by relevant government agencies.
- Which states have prevailing wage laws?
- Which states don’t have a prevailing wage law?
Which states have prevailing wage laws?
Alaska, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, New Jersey, New Mexico, New York, Ohio, Oregon, Pennsylvania, Rhode Island, Tennessee, Texas, Vermont, Virginia, Washington, Wyoming, and Washington, DC. Thresholds, covered projects, and reporting rules vary by state, so open any state on the map for its details.
Which states don’t have a prevailing wage law?
Alabama, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, New Hampshire, North Carolina, North Dakota, Oklahoma, South Carolina, South Dakota, Utah, West Virginia, and Wisconsin. No state law doesn’t mean no paperwork, though: federal Davis-Bacon rules still apply to federally funded jobs in all of them.
eBacon assigns the right state or federal wage determination to each job, calculates wages and fringe by trade classification, and generates the WH-347 or the state’s certified payroll form in one click. See how eBacon handles prevailing wage payroll →
