U.S. DEPARTMENT OF LABOR
EMPLOYMENT STANDARDS ADMINISTRATION
WASHINGTON, D C. 20210
October 8, 1974
MEMORANDUM #119 
TO: All Government Contracting Agencies of the
Federal Government and the District of
Columbia
SUBJECT: Truck Owner-Operators Under the Davis-Bacon
and Related Acts
Reference is made to Memorandum #117, transmitted by this
office on July 30, 1974, to which was attached a copy of
a letter of the Secretary of Labor dated July 10, 1974,
rescinding the administrative policy with respect to the
application of the Davis-Bacon Act and related statutes
to "owner-operators of trucks or other similar construction
equipment who are independent contractors" which was set
forth in a letter (DB-9) of a former Solicitor of Labor
under date of September 13, 1961.
The Secretary's letter rescinding the policy enunciated by
the former Solicitor made clear that in the future the wage
rates for truck owner-operators will be treated for wage
determination and enforcement purposes under the applicable
statutes no differently than for any other classifications
of laborers and mechanics subject to the Davis-Bacon And
Related Acts. However, further clarification of the effect
of the rescission appears necessary in the light of the
provisions of 29 U.S.C. 259 and by reason of the fact that
the former Solicitor's policy not to apply the pertinent
statutes to such owner-operators also purported to relieve
contractors and subcontractors from adherence to record-
keeping requirements of the Department's regulations and
provisions of their contracts.
This Department considers it essential that there be
implementation of the rescission by promulgation of amendments
to its regulations to make plain what will be required of
the agencies and of contractors and subcontractors affected.
by it, if uniformity is to be achieved in compliance and
enforcement as contemplated by Reorganization Plan No. 14
of 1950.
















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To assure that any implementing regulations will take into
account the practical problems which may be encountered by
procurement agencies and contractors, and will be drafted
with the benefit of the experience of affected agencies
and organizations representing construction laborers and
mechanics and construction contractors, the Department
intends to publish its proposed rules in the Federal Register
for comment pursuant to the provisions of 5 U.S.C. 553.
Pending the adoption of implementing rules by this Department,
agencies are advised to refrain from requiring implementing
changes in their own procedures for procurement and contract
administration. For the reasons stated above, the Department
of Labor will expect agencies, contractors, and subcontractors
to comply with the statutes as required by the rescission
notice and the rules issued to implement it only on those
contracts for which bids are invited or proposals solicited
after notice of final adoption of the implementing rules.
Betty Southard Murphy
Administrator
Wage and Hour Division