Section 1 of the Davis-Bacon Act (46 Stat. 1494, as amended; 40
U.S.C. 276a) provides for the inclusion of certain fringe benefits in
the prevailing wages that are predetermined by the Secretary of Labor,
under that Act and related statutes, as minimum wages for laborers and
mechanics employed by contractors and subcontractors performing
construction activity on Federal and federally assisted projects.
Laborers and mechanics performing work
subject to such predetermined minimum wages may, if they work overtime,
be subject to overtime compensation provisions of other laws which may
apply concurrently to them, including the Fair Labor Standards Act. In
view of this fact, specific provision was made in the Davis-Bacon Act
for the treatment of such predetermined fringe benefits in the
computation of overtime compensation under other applicable statutes
including the Fair Labor Standards Act. The application of this
provision is discussed in Sec. 5.32 of this title, which should be
considered together with the interpretations in this part 778 in
determining any overtime compensation payable under the Fair Labor
Standards Act to such laborers and mechanics in any workweek when they
are subject to fringe benefit wage determinations under the Davis-Bacon
and related acts.
