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August 25, 2009   
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Wage and Hour Division (WHD)

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Wage and Hour Division - To promote and achieve compliance with labor standards to protect and enhance the welfare of the nation's workforce.

Davis-Bacon and Related Acts

Overview

The Davis-Bacon and Related Acts, apply to contractors and subcontractors performing on federally funded or assisted contracts in excess of $2,000 for the construction, alteration, or repair (including painting and decorating) of public buildings or public works. Davis-Bacon Act and Related Act contractors and subcontractors must pay their laborers and mechanics employed under the contract no less than the locally prevailing wages and fringe benefits for corresponding work on similar projects in the area. The Davis-Bacon Act directs the Department of Labor to determine such locally prevailing wage rates. The Davis-Bacon Act applies to contractors and subcontractors performing work on federal or District of Columbia contracts. The Davis-Bacon Act prevailing wage provisions apply to the “Related Acts,” under which federal agencies assist construction projects through grants, loans, loan guarantees, and insurance.

For prime contracts in excess of $100,000, contractors and subcontractors must also, under the provisions of the Contract Work Hours and Safety Standards Act, as amended, pay laborers and mechanics, including guards and watchmen, at least one and one-half times their regular rate of pay for all hours worked over 40 in a workweek. The overtime provisions of the Fair Labor Standards Act may also apply to DBA-covered contracts.

Key News

  • The U.S. Department of Labor’s Wage and Hour Division published a final rule (PDF) revising regulations under the Davis-Bacon and related Acts and the Copeland Anti-Kickback Act to discontinue the weekly reporting of certain employee personal information on certified payrolls. The final rule is effective on January 18, 2009.

General Guidance

E-Tools

  • Wage Determinations OnLine.gov
    This site provides federal contracting officers and members of the general public with assistance in obtaining appropriate Davis-Bacon Act(DBA) wage determinations and other compliance information.
  • Davis-Bacon and Related Acts Web Information Service
    This site provides public access to Davis-Bacon information and supports the user in filling out the Report of Construction Contractor's Wage Rates (WD-10) Form. The type of information that you will find here includes information about the Schedule of Surveys being conducted to make wage determinations; regional office information; and, help. We also provide a WD-10 Form that you can view, print or save

Fact Sheets

  • Government Contracts:
  • Fair Labor Standard Act Relevant Fact Sheet:
    • Fact Sheet 1 (PDF) — The Construction Industry Under the Fair Labor Standards Act
    • Fact Sheet 13 (PDF) — Employment Relationship Under the Fair Labor Standards Act
    • Fact Sheet 14 (PDF) — Coverage Under the Fair Labor Standards Act
    • Fact Sheet 17a (PDF) — Exemption for Executive, Administrative, Professional, Computer & Outside Sales Employees Under the Fair Labor Standards Act
    • Fact Sheet 21 (PDF) — Recordkeeping Under the Fair Labor Standards Act
    • Fact Sheet 22 (PDF) — Hours Worked Under the Fair Labor Standards Act
  • Additional Information:

Guides

Posters

Forms

  • Revised WH-347 Form and Instructions
    Applicable to Contracts Entered into Pursuant to Invitations for Bids Issued or Negotiations Concluded On or After January 18, 2009.
  • Legacy WH-347 Form and Instructions
    Applicable to Contracts Entered into Pursuant to Invitations for Bids Issued or Negotiations Concluded On or Before January 18, 2009.

Interpretive Guidance

  • Field Operations Handbook
    • Chapter 15 (PDF) — Davis-Bacon and Related Acts and Contract Work Hours and Safety Standards Act

Applicable Laws, Executive Orders, and Regulations

 

 

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