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1 These definitions are not intended to restrict the meaning
of the terms as used in the applicable statutes.
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(a)(1) The prevailing wage shall be the wage paid to the majority
(more than 50 percent) of the laborers or mechanics in the
classification on similar projects in the area during the period in
question. If the same wage is not paid to a majority of those employed
in the classification, the prevailing wage
shall be the average of the wages paid, weighted by the total employed
in the classification.
(2) In determining the prevailing wages at the time of issuance of a
wage determination, the Administrator will be guided by paragraph (a)(1)
of this section and will consider the types of information listed in
Sec. 1.3 of this part.
(b) The term area in determining wage rates under the Davis-Bacon
Act and the prevailing wage provisions of the other statutes listed in
appendix A shall mean the city, town, village, county or other civil
subdivision of the State in which the work is to be performed.
(c) The term Administrator shall mean the Administrator of the Wage
and Hour Division, Employment Standards Administration, U.S. Department
of Labor, or authorized representative.
(d) The term agency shall mean the Federal agency, State highway
department under 23 U.S.C. 113, or recipient State or local government
under title 1 of the State and Local Fiscal Assistance Act of 1972.
[48 FR 19533, Apr. 29, 1983, as amended at 48 FR 503l3, Nov. 1, 1983]
