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Wage and Hour Division (WHD)

Davis-Bacon and Related Acts

Overview

The Davis-Bacon and Related Acts, apply to contractors and subcontractors performing on federally funded or assisted contracts in excess of $2,000 for the construction, alteration, or repair (including painting and decorating) of public buildings or public works. Davis-Bacon Act and Related Act contractors and subcontractors must pay their laborers and mechanics employed under the contract no less than the locally prevailing wages and fringe benefits for corresponding work on similar projects in the area. The Davis-Bacon Act directs the Department of Labor to determine such locally prevailing wage rates. The Davis-Bacon Act applies to contractors and subcontractors performing work on federal or District of Columbia contracts. The Davis-Bacon Act prevailing wage provisions apply to the “Related Acts,” under which federal agencies assist construction projects through grants, loans, loan guarantees, and insurance.

For prime contracts in excess of $100,000, contractors and subcontractors must also, under the provisions of the Contract Work Hours and Safety Standards Act, as amended, pay laborers and mechanics, including guards and watchmen, at least one and one-half times their regular rate of pay for all hours worked over 40 in a workweek. The overtime provisions of the Fair Labor Standards Act may also apply to DBA-covered contracts.

Key News

NOTICE: Renumbering Davis-Bacon Wage Determinations (“Rollover”)

The Davis-Bacon (DB) Wage Determinations (WDs) will be renumbered, effective January 4, 2013. This renumbering is a planned and recurrent update of all DB WD numbers. The WDs will reflect the year 2013 (“13”) and “Modification 0” as well as renumbering the last four digit WD identifier in a new sequence. Please know that since numbers will change due to the new sequence renumbering, you must search by state, county, and type of construction to ensure that the correct WD is located as the old numbers will be obsolete. The last publication for 2012 with the old numbers will be on Friday, December 21, 2012.

Example: “AL120025” (AL25 from 2012 rollover) could be “AL130011” (AL11 from 2013 rollover).

The U.S. Department of Labor’s Wage and Hour Division published a final rule (PDF) revising regulations under the Davis-Bacon and related Acts and the Copeland Anti-Kickback Act to discontinue the weekly reporting of certain employee personal information on certified payrolls. The final rule is effective on January 18, 2009.

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General Guidance

General Guidance

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Interpretive Guidance

Interpretive Guidance

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Laws & Regulations

Laws, Executive Orders, and Regulations

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Davis-Bacon Act and Service Contract Act Online Training For Government Contracting Officials

The Wage and Hour Division (WHD) is pleased to announce that online training is now available to assist all federal, state and local contracting agencies with information on federal rules concerning prevailing wages and other labor law requirements. The training modules, presented by WHD staff and its federal agency partners, provide contracting officials with information on the process of obtaining wage determinations; adding classifications to wage determinations (conformances); compliance principles, and enforcement process under both the Davis-Bacon Act (DBA) and the McNamara Service Contract Act (SCA).

Specifically, two training modules are currently being offered on line. A four hour session for the DBA and a second four hour session on the SCA. These training modules and accompanying power points presentations are available in their entirety at the following links: