On August 23, 2023, the Department published in the Federal Register the final rule, “Updating the Davis-Bacon and Related Acts Regulations.” The final rule took effect on October 23, 2023.
On June 24, 2024, the U.S. District Court for the Northern District of Texas issued a nationwide preliminary injunction impacting the following three provisions of the final rule: (1) the provision within 29 CFR 5.2 codifying a distinction between material suppliers and contractors/subcontractors; (2) the provision within 29 CFR 5.2 requiring contractors and subcontractors to pay prevailing wages to delivery truck drivers they employ for onsite time that is more than de minimis; and (3) the provision at 29 CFR 5.5(e) directing that the DBRA apply via operation of law if a contracting agency erroneously omitted the provisions from covered contracts. The remainder of the Department’s final rule remains in effect.
In light of this injunction, these three provisions may not be implemented or enforced at this time. Because provisions (1) and (2) incorporated several aspects of the Department’s long-standing sub-regulatory guidance regarding the coverage of truck drivers and truck drivers’ assistants, the Department also provides the following enforcement guidance with respect to the application of coverage to truck drivers and truck drivers’ assistants, regardless of whether they work for contractors, subcontractors, or material suppliers, while the injunction remains in force:
- DBRA coverage should not be enforced for any time on the site of the work that truck drivers and truck drivers’ assistants spend engaged in “offsite delivery work,” which means the delivery of materials, articles, supplies, or equipment from a location that is not part of the site of the work, which may include pickup of the same in addition to, but not exclusive of, delivery, and which may also include activities essential or incidental to such delivery and pickup, such as loading, unloading, or waiting for materials to be loaded or unloaded.
- If a truck driver or truck driver’s assistant, in addition to performing offsite delivery work, performs other construction work on the site of the work (“non-delivery construction work”), such as installation or repair work, the worker’s time spent in the non-delivery construction work is covered by Davis-Bacon to the same extent as it would be for any other worker, and the applicable wage rate is the rate for the appropriate classification of the non-delivery construction work being performed.
- Transportation described in 29 CFR 5.2, “Construction, prosecution, completion, or repair,” paragraphs (2)(iv)(A), (B), (C), and (E), remains covered.
Davis-Bacon and Related Acts
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When Are Federal Contracts Covered?
To ensure compliance, it is important to be able to identify contracts that are subject to the labor standards provisions of the Davis-Bacon Act at the earliest possible point in the contracting process. This video provides an overview of the requirements that must be met for the labor standards provisions of the Davis-Bacon Act to apply to a contract.
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When Are Davis-Bacon Prevailing Wages Required on Federally Assisted Contracts?
Many federal laws that authorize federal assistance for construction projects require funding recipients to comply with the Davis-Bacon prevailing wage requirements. This video provides an overview of Davis-Bacon coverage under such laws, commonly referred to as Davis-Bacon Related Acts.
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What is "Construction, Alteration, Or Repair?"
The Davis-Bacon prevailing wage requirements generally only apply to contracts for construction, alteration, or repair. This video explains when work is considered to be within the definition of construction, alteration, or repair.
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Where is the Site of the Work?
Davis-Bacon prevailing wage requirements generally apply to laborers and mechanics only when they are working on a site of the work. This video explains when a location is considered to be a site of the work.
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DBRA Wage Determinations - A General Overview
Compliance with the Davis-Bacon labor standards provisions requires knowing which wage determinations are applicable. This video describes how to identify the correct wage determination(s) for a project and when multiple wage determinations may be applicable to a project.
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Reading and Interpreting DBRA Wage Determinations
Wage determinations provide important information about the prevailing wage rates applicable to various projects. This video discusses how to interpret the information contained within DBRA wage determinations.
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DBRA Wage Determinations - Conformances and Appeals Process
When a contractor performs work on a DBA-covered contract and the applicable wage determination does not provide a rate for a classification of work to be performed, the needed classification and wage rate must be added in conformance to the contract wage determination. This video explains the conformance process and how to appeal conformance and wage determination decisions, as well as providing an overview of the resources available on the System Awards Management and Department of Labor websites.
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DBRA Wage Surveys
A wage determination is the result of extensive data collection and analysis. This video describes how the Wage and Hour Division obtains information for its wage surveys and how that information is used to determine the rates in a wage determination.
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Who Actually Gets Paid Prevailing Wage Rates Anyway?
The Davis-Bacon and Related Acts require the payment of prevailing wage rates to workers who are considered to be laborers and mechanics. This video describes when workers are considered to be laborers and mechanics.
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How Do I Pay Prevailing Wages?
The Davis-Bacon and Related Acts require the payment of prevailing wage rates to laborers and mechanics who work on the site of the work on covered contracts. This video discusses contractors’ prevailing wage obligations and their options for meeting those obligations to maintain compliance on their contracts.
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When Can I Claim a Credit for Providing Fringe Benefits to Workers?
The Davis-Bacon labor standards allow contractors to use fringe benefit contributions to meet their prevailing wage obligations, but navigating the different fringe benefit options and calculating the hourly rate of fringe benefit contribution can be complicated. This video will review the different types of fringe benefit plans, describe the requirements for unfunded fringe benefit plans, and explain how to calculate fringe benefit credit, including the annualization of fringe benefit contributions.
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CWHSSA and FLSA on Government Contracts Overtime
When applicable, the Contract Work Hours and Safety Standards Act and Fair Labor Standards Act require the payment of additional half-time at the correct rate to covered workers who work over forty hours in the workweek. This video will cover applicability of CWHSSA and FLSA and review common overtime compliance issues to avoid.
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What Am I Supposed to Do with These Certified Payrolls?
Certified payrolls are an important component in ensuring compliance with the DBRA prevailing wage requirements. This video provides an overview of the certified payroll requirement and describes how certified payrolls should be filled out.
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Compliance Oversight for Contracting Agencies
Over the course of a project, contracting agency oversight is invaluable in maintaining compliance with the DBA labor standards. This video will explain the oversight process and how regular oversight can help identify potential violations.
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My Company Is Being Investigated - What Happens Next?
This video will explain the process that the Wage and Hour Division uses to investigate compliance with the Davis-Bacon labor standards and how that process can help identify compliance issues.
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Anti-Retaliation
Retaliation against workers or job applicants for engaging in protected activities such as making a complaint or cooperating in a WHD investigation under the DBRA, including CWHSSA, is prohibited. This video provides an overview of what is considered to be prohibited conduct and what remedies may be enforced when retaliation has occurred.
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Why Are Contract Payments Being Withheld?
To protect the rights of covered workers, DBRA statutory and regulatory provisions permit the withholding of contract funds sufficient to satisfy alleged wage underpayments pending resolution of a wage dispute. This video provides an overview of the withholding process.
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What Is Debarment and Why Does It Happen?
Contractors found to have disregarded their obligations to employees under the Davis-Bacon and Related Acts may be subject to debarment from future contracts for a period of three years. This video explains the reasons why a contractor might be debarred and describes the debarment process.
Service Contract Act
Executive Orders
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EO 13658 - Establishing A Minimum Wage Rate for Federal Contractors