U.S. Department of Labor 
Employment Standards Administryider
Wage and Hour Division 
Washington, D.C. 20210 
AUG 19 1985
MEMORANDUM NO. 141
TO: All Government Contracting Agencies of
the Federal Government and the District
of Columbia
FROM: HERBERT J. COHEN
Deputy Administrator
SUBJECT: Applicability of the Davis-Bacon Labor
Standards Provisions to Flaggers
For your information and guidance, I am attaching a copy of
a recent opinion letter which announces a correction regarding
the coverage of employees who work as, flaggers on contracts
subject to the Davis-Bacon labor standards provisions.
This change shall be effective for all contracts entered into
pursuant to invitations for bids issued or negotiations con-
cluded sixty (60) days from this date.
Attachment



































U.S. Department of Labor 
Employment Standards Administration
Wage and Hour Division
Washington, D.C. 20210
AUG I6 1985
Mr. Angelo Fosco
General President
Laborer's International Union of
North America
905 16th Street, N. W.
Washington, D. C. 20006-1765
Dear Mr. Fosco:
This is in reference to our ruling of January 17, 1985, in which
you were advised that we would not change the Department's long-
standing position that flaggers who perform traffic safety
duties and no manual labor are not laborers or mechanics within
the meaning of the Davis-Bacon Act.
You appealed this ruling to the Department's Wage Appeals Board
which subsequently remanded this case to the Administrator of
the Wage and Hour Division for reconsideration. We have again
reviewed our position on flaggers and have reconsidered all of
the information and arguments submitted on this issue.
A determination as to whether an employee is a laborer or mechanic
for Davis-Bacon purposes largely depends on the nature of the work
actually performed by the employee. The terms "laborer" or
"mechanic" are defined to include at least those workers whose
duties are manual or physical in nature as distinguished from
mental or managerial. (See section 5.2(m) of Regulations, 29 CFR
Part 5.)
In this regard, it is our understanding that a flagger's duties
generally consist of the following:
1. Standing near or on a construction project site manually
using a flag and/or a stop sign to control and direct
vehicular or pedestrian traffic around the work site. A
flagger will typically spend the majority of his/her
working time in this activity.
2. Flaggers may also be required to set up barriers, set out
traffic warning cones, or tend flashing warning lights.
In carrying out these duties a flagger is engaged in the
physical activities of lifting and carrying various objects
as well as directing the activities of others through body
movements, all of which are manual in nature.















 -2-
Further, flaggers typically work on or around heavy or highway 
construction projects, are part of the construction crew, and
their work is integrally related to other construction work on
the job, since it would be impossible to satisfactorily complete
such projects without their services.
As a result of our reconsideration of the foregoing duties,
responsibilities, and activities of flaggers, we have concluded
that their duties are clearly manual and physical in nature and,
as such, they are laborers or mechanics within the meaning of
the Davis-Bacon Act. Accordingly, all employees performing the
work of flaggers on Davis-Bacon covered contracts entered into
pursuant to invitations for bids issued or negotiations con-
cluded sixty (60) days after our notification to the contracting
agencies, will be entitled to the applicable prevailing wage
rates for such work.
Sincerely,
Herbert J. Cohen
Deputy Administrator