Wage and Hour Division (WHD)
Government Contracts Key News
On June 12th, the U.S. Department of Labor’s Wage and Hour Division announced that it will publish a Notice of Proposed Rulemaking (NPRM) to establish standards and procedures for implementing and enforcing the minimum wage protections of Executive Order 13658. More information is available at the Wage and Hour Division’s E.O. 13658 NPRM Website.
All Agency Memorandum (AAM) No. 212, issued on March 22, 2013, clarifies the application of the Davis-Bacon labor standards to survey crew members who may be employed as laborers or mechanics on projects subject to the prevailing wage and related provisions of the Davis-Bacon and related Acts. Pursuant to the AAM, survey crew members who perform primarily physical and/or manual duties while employed by a contractor or subcontractor in work performed immediately prior to or during actual construction in direct support of construction crew(s) on the site of the work will be considered a laborer or mechanic covered by the Davis-Bacon requirements. This clarification takes effect upon issuance of the AAM and applies to current and future contracts covered by the Davis-Bacon labor standards.
All Agency Memorandum (AAM) No. 213 was issued on March 22, 2013 to better reflect our regulatory requirements and to support improvements in the wage determination process overall. AAM No. 213 clarifies the “conformance” process and application of the Davis-Bacon Act (DBA) requirement that wage rates for additional classifications, when “conformed” to an existing wage determination, bear a “reasonable relationship” to the wage rates in that wage determination. This procedure better reflects our regulatory requirements and supports improvements in the wage determination process overall.
The Wage and Hour Division’s Construction Survey website has been redesigned and revised to provide greater transparency and more information about the survey process. Revisions include enhanced navigation of the site, more detailed information on survey schedules, general information about the survey process, and a list of points of contacts for obtaining information. (March 22, 2013)
The Wage and Hour Division has issued a Final Rule; notice of effective date and OMB approval of information to announce the effective date of its final rule published on August 29, 2011, to implement Executive Order 13495, Nondisplacement of Qualified Workers Under Service Contracts. The effective date is January 18, 2013. For more information, please visit the Nondisplacement Final Rule Webpage. (December 21, 2012)