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May 16, 2008    DOL Home > ESA > WHD > Gov't Contracts > DBRA > Info > FAQ   

Davis-Bacon and Related Acts Frequently Asked Questions

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III. Prevailing Wage Rates

What wage rates must be paid to supervisory employees (foremen, superintendents, etc.) employed on a covered project?

The wage rates for bona fide supervisory employees are not regulated under the Davis-Bacon and Related Acts because their duties are primarily administrative or executive in nature rather than those of laborers or mechanics.  However, such employees who devote more than 20 percent of their time during a workweek to mechanic or laborer duties are laborers and mechanics for the time so spent, and must be paid at least the appropriate wage rates specified in the wage determination.  Employees who are bona fide executive, administrative, or professional employees as defined under the Fair Labor Standards Act at 29 CFR Part 541 are not covered by the Davis-Bacon Act.

 



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