U.S. Department of Labor Employment Standards Administration

Wage and Hour Division (WHD)

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Davis-Bacon and Related Acts Frequently Asked Questions

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IV. Davis-Bacon Wage Surveys

In responding to a Davis-Bacon prevailing wage survey, what can we count as fringe benefits?

Fringe benefits are:

• Contributions irrevocably made to a trustee or third party pursuant to a bona fide fringe benefit fund plan or program.
• The rate of costs incurred in providing bona fide fringe benefits pursuant to an enforceable commitment to carry out a financially responsible plan or program, which was communicated to the employees in writing.

Examples:

• Life insurance
• Health insurance
• Pension
• Vacation
• Holidays
• Sick leave
• Other "bona fide" fringe benefits

However, payments required by federal, state or local law are not fringe benefit contributions. Such payments required to fund Social Security, unemployment compensation and workers’ compensation programs, as required by law, do not count as fringe benefits.

Any question concerning what type of fringe benefits is "bona fide" should be referred to the Wage and Hour Division.

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