Civil Rights/Affirmative Action
The NJDOT Wage-Rate Unit of the Division of Civil Rights/Affirmative Action ensures that contractors and subcontractors on Department construction,
maintenance and electrical government-aided projects comply with federal and state wage rate laws, rules and regulations for all occupations
represented, as required by contract specifications. The goal is to secure fair and equitable wages and benefits for all workers on a project.
Wage rates on federally funded projects fall under the U.S. Secretary of Labor, U.S. Department of Labor and the Davis-Bacon Act that requires
the payment of prevailing wage rates and specifies payroll procedures. The Federal Highway Administration (FHWA) has the authority to implement Davis-Bacon provisions on federal aid highways. For public works contracts awarded by the state, wage rates fall under the NJ Department of Labor and Workforce
Development through the NJ Prevailing Wage Act .
Responsibilities for ensuring workers receive the correct wages are shared. Contractors must calculate the wage rates for a project. Resident
Engineers on a project must submit reports of contractors’ wage payment practices on a regular basis. The Wage-Rate Unit monitors the contractor’s
compliance with contract labor specifications, labor laws and regulations through routine reviews of certified payroll reports and statements of
The unit also conducts extensive home office reviews of the contractor’s payroll and payroll-related records, and may require the contractor to
submit those records for review and evaluation, while monitoring those contractors’ documents for underpayments of wages and hourly benefits.
For an underpayment of wages, or a wage dispute, the Wage-Rate Unit follows through with the NJ Department of Labor and Workforce Development to
reconcile the underpayment or dispute.