Virginia Prevailing Wage
A practical navigator for Virginia contractors, subcontractors, public bodies, and owners on public works. Virginia's state prevailing wage law is relatively new — enacted in 2020 — so the process is less familiar than in older regimes like PA or NJ. This page covers what the law requires, where DOLI publishes determinations, and how VA differs from federal Davis-Bacon and from neighboring states.
The short version
Virginia's state prevailing wage requirement was enacted in 2020 (effective May 1, 2021) and is administered by the Virginia Department of Labor and Industry (DOLI), Division of Labor and Employment Law. Before 2020 Virginia had no independent state prevailing wage law — public works in Virginia only triggered Davis-Bacon via federal funding. That changed. Now covered state public works contracts require paying at least the wage determination DOLI publishes for the relevant trade and locality.
The underlying rationale for this navigator: the law is new enough that many contractors who have worked in Virginia for decades — and many awarding bodies — have workflows built around the pre-2020 "Davis-Bacon only if federal money" assumption. That assumption is no longer complete.
Where to get the rates and the required forms
Primary source: Virginia Department of Labor and Industry, Prevailing Wage Law program page — the canonical hub is doli.virginia.gov/programs/labor-law/prevailing-wage-law.
From that page, the working destinations:
- Prevailing Wage Determinations — the published rate set for covered projects, organized by locality and craft.
- DOLI Pay Scale Certification for Public Works Projects — the required form certifying pay compliance on covered projects.
- Request for Additional Wage Classification — when a trade / classification isn't on a determination.
- Prevailing Wage Posting Compliance Form — documents jobsite posting compliance.
- Claim for Unpaid Wages Form — worker-facing intake for underpayment claims.
- Claim for Retaliation Form — worker-facing intake for retaliation against wage claims.
The primary-source library
- Virginia Code § 2.2-4321.3 — the governing statute enacted in 2020, establishing the state prevailing wage requirement. Linked from the DOLI program page above.
- DOLI regulations and guidance — DOLI's implementing guidance is linked from the program hub; covers determinations, classifications, and enforcement.
- DOLI program hub — the single maintained landing page for the Prevailing Wage Law.
Which projects trigger Virginia prevailing wage?
Virginia prevailing wage applies to public works contracts under Virginia Code § 2.2-4321.3 above the statutory threshold. Coverage extends to specific state and state-agency contracts, with additional rules for participating localities. The specific current threshold and the coverage of state-funded vs. locality-funded work should be verified directly against the current statute and DOLI guidance linked above — coverage has been the subject of ongoing legislative attention since the law took effect. Do not assume a project is covered or exempt based on a general summary; check the statute.
How Virginia prevailing wage differs from federal Davis-Bacon
- History. Davis-Bacon has applied to federally-funded work in Virginia since 1931. Virginia's state prevailing wage is new as of 2020 — the two now coexist on different trigger conditions.
- Publication. Davis-Bacon rates are published on sam.gov. Virginia publishes its determinations through DOLI's program page, with VA-specific classifications.
- Jurisdiction trigger. Davis-Bacon on federal funding. Virginia § 2.2-4321.3 on covered state public works. A project may be covered by one, the other, or both.
- Enforcement body. Davis-Bacon violations are handled by USDOL Wage and Hour. Virginia violations are handled by DOLI.
How Virginia differs from Delaware, Pennsylvania, New Jersey, and Maryland
- Recency. Virginia's state law (2020) is the newest of the five. Workflows and supporting infrastructure are less mature than PA's database or MD's portal.
- Coverage scope. Virginia's coverage is narrower than some neighboring states — fewer automatic covered categories, more reliance on specific contract thresholds. Check § 2.2-4321.3 for your specific project.
- Certification structure. Virginia uses the DOLI Pay Scale Certification for Public Works Projects. Adjacent states use their own forms (DE, PA) or systems (NJ Wage Hub, MD Portal). Do not substitute a form across state lines.
- For projects that span multiple states (uncommon but not unheard of for linear infrastructure, transit corridors, or utility work along the DE/MD/VA line), file with each jurisdiction's body separately.
See also: Delaware · Pennsylvania · New Jersey · Maryland.
The practical workflow (VA)
- Confirm the project triggers Virginia § 2.2-4321.3 — state public work above the statutory threshold. If the project is federally funded, Davis-Bacon applies independently (check both).
- The awarding body includes the DOLI wage determination in bid documents per the statute.
- Contractor pays the published rate for the applicable trade and locality.
- Contractor completes the DOLI Pay Scale Certification for Public Works Projects.
- Contractor posts prevailing wage information on the jobsite; files the Prevailing Wage Posting Compliance Form if required.
- If a needed classification is not on the published determination, submit the Request for Additional Wage Classification to DOLI.
- If a worker alleges underpayment or retaliation, the Claim for Unpaid Wages Form or Claim for Retaliation Form routes to DOLI for investigation.
When to get direct help
Because the law is new and DOLI guidance continues to evolve, for non-trivial coverage or classification questions contact DOLI's Prevailing Wage Law program through the contact information on the DOLI program page linked above. Get guidance in writing when possible — the young-law environment means precedent and practice are still forming.
Why we built this
The Hive builds tools for working construction and engineering professionals across the Mid-Atlantic. Virginia's state prevailing wage law is recent enough that most contractor-facing checklists haven't fully integrated it — and pre-2020 VA experience is an active liability if your assumption is still "no state PW in Virginia, only Davis-Bacon." This page makes the primary sources easier to find and the new workflow easier to navigate. It does not replace Virginia Code § 2.2-4321.3, and it does not issue determinations. Rates come from DOLI.
If something is missing that a Virginia public-works contractor would need, email us and we'll add it.