Wage and Hour Division (WHD)
WHD Information Related to the American Recovery and Reinvestment Act of 2009
The American Recovery and Reinvestment Act of 2009 (ARRA) was signed into law by President Obama on February 17, 2009. Division A of ARRA appropriates substantial funding for construction, alteration and repair of federal buildings and for infrastructure projects, such as roads, bridges, public transit, water systems, and housing. In accordance with existing Davis-Bacon Act (DBA) requirements, federal agencies directly contracting for construction work using ARRA funds must ensure that bid solicitations and resulting covered contracts contain Davis-Bacon labor standards and wage determinations in accordance with the Federal Acquisition Regulations.
Also, generally, Federal agencies must ensure that recipients of assistance funded by ARRA appropriations require contractors and subcontractors to pay laborers and mechanics employed on ARRA-assisted construction at least the Davis-Bacon prevailing wages. In addition, Division B of ARRA requires application of Davis-Bacon prevailing wage requirements to projects financed with certain tax-favored bonds.
This portal contains information on prevailing wage labor standards applicable to construction projects funded under ARRA. The Copeland “Anti-Kickback Act” and overtime pay requirements under the Contract Work Hours and Safety Standards Act also apply to ARRA funded construction. In addition, ARRA appropriations will fund federal service contracts subject to the Service Contract Act (SCA), and federal contracts subject to coverage under the Walsh-Healey Public Contracts Act (PCA). Links to information regarding application of these laws and the Davis-Bacon Act are provided on this site.
All Agency Memorandum
- All Agency Memorandum No. 207 (PDF) - Applicability of Davis-Bacon to Federal and federally-assisted construction work funded by the American Recovery and Reinvestment Act of 2009.
- All Agency Memorandum No. 208 (PDF) - Applicability of Davis-Bacon labor standards to construction financed with the proceeds of certain tax-favored bonds under section 1601 of Division B of the American Recovery and Reinvestment Act of 2009.
- Project-specific or agency-specific advisory letters issued in response to ARRA-related questions are posted here. Advisory letters provide initial recommendations and guidance on Davis-Bacon Act and Service Contract Act issues.
- Advisory Letter to Mr. Chris Henderson, Sr. Advisor, Office of Secretary, US Department of the Interior (PDF).
- Advisory Letter to Mr. Mathew Rogers, Sr. Advisor, Office of Secretary, US Department of Energy (PDF).
- Advisory Letter to Mr. Scott Harris, General Counsel, U.S. Department of Energy (PDF).
- Advisory Letter to Ms. Janet Barsy, General Counsel, U.S. Department of Energy (PDF).
- Advisory Letter to Ms. Farwa Naqvi, Chief, Engineering Branch, Broadband Division, USDA Rural Development/Rural Utilities Service (PDF).
- Advisory Letter to Mr. Terry Yellig, Partner, Sherman, Dunn, Cohen, Leifer & Yellig, P.C. (PDF)
- Second Advisory Letter to Mr. Terry Yellig, Partner, Sherman, Dunn, Cohen, Leifer & Yellig, P.C. (PDF)
Prevailing Wage Conferences
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:
- Prevailing Wage Conference Videos and Transcripts
- McNamara - O’Hara Service Contract Act PowerPoint
- SCA Price Adjustment (Air Force Perspective) PowerPoint
- Davis-Bacon Act PowerPoint
- Davis Bacon Compliance Principles PowerPoint
- Certified Payroll Exercise (PDF)
- Fort Bliss, Texas
- Philadelphia, Pennsylvania
- Los Angeles, California
- Miami, Florida
- Chicago, Illinois
- Seattle, Washington
- Prevailing Wage Conference Videos
- Overview of Government Contract Laws
- The Fair Labor Standards Act (FLSA)
- WHD’s Enforcement of the SCA and its Interaction with DBA
- The SCA Wage Determination Process
- DBA Surveys, Wage Decision, and Conformance Process
- Overview of DBA Definitions and the Contract Work Hours and Safety Act (CWHSSA)
- Overview of DBA and CWHSSA Investigation Procedures
- Interaction Among Various Government Contract Laws and Federal Agencies
- Prevailing Wage Conference Highlights, WHD Video, (2009), 2 minutes
This video has been optimized for use with Windows Media Player ™
- DBA and ARRA Video (YouTube® Video)
- Davis-Bacon Act for USDA-RUS & Commerce-NTIA, Broadband Grantees, and Stakeholders, WHD Video (2011), Total Time: 1:53:59
This video has been optimized for use with Windows Media Player ™
- Prevailing Wage Resource Book (September 2013)
- Field Operations Handbook: Chapter 15 (PDF) — Davis-Bacon and Related Acts and Contract Work Hours and Safety Standards Act
- Davis-Bacon Poster (PDF)
- Davis-Bacon Poster Spanish Version
- SCA/PCA Poster (PDF)
- SCA/PCA Poster Spanish Version
- FLSA Minimum Wage Poster
- Contract clause — see 29 CFR 5.5(a)(3)
- Revised WH-347 Form and Instructions Applicable to Contracts Entered into Pursuant to Invitations for Bids Issued or Negotiations Concluded On or After January 18, 2009. (This form has been submitted for renewal to the Office of Management and Budget (OMB). According to law [5 CFR 1320.10(e)(2)], the agency may continue to use the form while its renewal is pending at OMB.)
Following a Department of Energy (DOE) request for project wage determinations applicable to the DOE Weatherization Assistance Program, the Wage Hour Division (WHD) of the U.S. Department of Labor (DOL) completed an expedited prevailing wage survey of weatherization construction on residential projects in the United States. Data was solicited from interested parties specific to weatherization construction performed on residential structures in the United States from April 1, 2008 - March 31, 2009. The nationwide survey was conducted in two stages.
The first stage of the survey included the states of California, Connecticut, Iowa, Illinois, Maine, Massachusetts, Minnesota, Michigan, Missouri, New Hampshire, New Jersey, New York, Ohio, Pennsylvania, and Wisconsin. Interested parties were notified on July 6, 2009 of this survey. Initially, the cut-off date for submission of data for this survey was July 15, 2009 but extended to July 31, 2009.
The second stage of the survey included the remaining 35 states of Alaska, Alabama, Arizona, Arkansas, Colorado, Delaware, Florida, Georgia, Hawaii, Idaho, Indiana, Kansas, Kentucky, Louisiana, Maryland, Mississippi, Montana, Nebraska, Nevada, New Mexico, North Carolina, North Dakota, Oklahoma, Oregon, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, and Wyoming as well as the District of Columbia. The survey start date of this survey was July 20, 2009 with a survey cut-off date of August 14, 2009.
WHD has published these rates in the form of project wage determinations at the following site: Davis-Bacon Weatherization Wage Rates. Following the narrative on the project wage determination is a listing of each county in the state. The heading of such listing contains two main columns separated by a bold line with the left column labeled Weatherization Survey and the right column labeled Existing Residential Wage Determination. The following links provide information on the appropriate use of each main column.
Any questions regarding this survey can be sent to the following email address - 09WeatherizationSurvey@dol.gov.
- The Secretaries of Labor and Energy interim guidance to Weatherization grantees
- Major Survey Schedules
- Requesting Additional/Unlisted Classifications (Conformance) Procedures
- SF Form 1444 (PDF)
- American Recovery and Reinvestment Act of 2009 — Public Law 111-5
- The Davis Bacon Act - 40 U.S.C. 3141 et seq.
- Copeland Anti-Kickback Act - 40 U.S.C 3145
- Contract Work Hours and Safety Standards Act, as Amended (PDF) - 40 U.S.C. 3701 et seq.
- McNamara-O'Hara Service Contract Act of 1965, as Amended (PDF) - 41 U.S.C. 351 et seq.
- Walsh-Healey Public Contracts Act - 41 U.S.C. 35 et seq.
- Fair Labor Standards Act of 1938, as Amended (PDF) - 29 U.S.C. 201 et seq.
- Federal Agency Use of Davis-Bacon Wage Determinations —29 CFR 1.6
- Davis-Bacon and CWHSSA Contract Clauses—29 CFR 5.5
- Davis-Bacon Regulatory Definitions—29 CFR 5.2
- Permissible Payroll Deductions —29 CFR Part 3 (see sections 3.5 and 3.6)
- Federal Acquisition Regulations (FAR)
- Webinar on the Davis-Bacon Act (YouTube® Video)
- Prevailing Wage Conference Coverage Overview (Microsoft® PowerPoint®)
- Davis-Bacon Act Compliance Principles (Microsoft® PowerPoint®)
- Davis-Bacon Act Investigative Procedures (Microsoft® PowerPoint®)
- Service Contract Act Compliance Principles (Microsoft® PowerPoint®)
- Davis-Bacon Requirements for Certain Tax-Favored Bonds (Microsoft® PowerPoint®)
- Davis-Bacon Wage Determinations (Microsoft® PowerPoint®)
- Fair Labor Standards Act (Microsoft® PowerPoint®)
- Interaction of Labor Standards Statutes on Federal Government Contracts (Microsoft® PowerPoint®)
- Introduction to SCA Wage Determinations (Microsoft® PowerPoint®)
- Investigation Procedures Under SCA/FLSA/CWHSSA (Microsoft® PowerPoint®)
- SCA Coverage & Exemptions (Microsoft® PowerPoint®)
- Survey Process under the Davis Bacon Act and Related Acts
- Davis-Bacon and Related Acts (DBRA) Frequently Asked Questions
- Davis-Bacon Act Compliance Information
- Construction Survey Information
- Service Contract Act Compliance Information
- Walsh-Healey Public Contracts Act Compliance Information
- Department of Labor's Recovery Web page
- DOL Inspector General