Who is Covered Under the DBA?

Who is Covered Under the DBA?

23) Who is covered under the Davis-Bacon Act?

The requirements of the Davis-Bacon Act apply to laborers and mechanics, which are those workers performing work that is physical and/or manual in nature (including those who use tools or who are performing the work of a trade), and employed by a contractor or subcontractor on the “site of the work,” as distinguished from mental or managerial work. Laborers and mechanics also include apprentices, trainees, and helpers.

Laborers and mechanics do not include workers whose duties are primarily administrative, executive, or clerical rather than manual. In instances where supervisory employees and other employees whose work is not physical in nature (such as foremen, and other non-laborers and non-mechanics workers) devote over 20% of their time in a work week to physical and/or manual labors, they are covered under the DBA for the time spent performing the work of a laborer or mechanic. Persons employed in a bona fide executive, administrative, and professional capacity are not covered under the Davis-Bacon Act.

29 CFR 5.2(m)

24) What are some of the worker classifications covered under the Davis-Bacon Act?

The following are some of the worker classifications of laborers or mechanics covered under the Davis-Bacon Act:

1. Carpenters.
2. Electricians.
3. Plumbers.
4. Ironworkers.
5. Flaggers.
6. Craftsmen.
7. Welders.
8. Concrete Finishers.
9. Concrete Finishers.
10. Longshoremen.
11. Power Equipment Operators.
12. Helpers.
13. Workers participating in a special program that has not established specific wage rates and other compensations for the participants

AAM No. 141

25) What are some of the worker classifications generally NOT covered under the Davis-Bacon Act?

The following worker classifications of laborers or mechanics are generally NOT covered under the Davis-Bacon Act:

1. Architects.
2. Engineers.
3. Timekeepers.
4. Supervisors.
5. Foremen.
6. Workers performing exploratory drilling services, such as subsurface utility engineering or utility location services, for the purpose of obtaining data to be used in engineering studies and the planning of a project. (The work performed is related to an activity and not a project; therefore the Davis-Bacon Act does not apply.)
7. Employees of railroads.
8. Employees of public utilities.
9. Contracting agency inspectors.
10. Public agency employees performing work on a public Agency force account basis.
11. Contractor Quality Assurance Inspector.
12. Material men and suppliers.
13. Survey crew members using the equipment for measuring heights, distances, and bearings.
14. Owner-Operators of trucks who drive their own trucks (The certified payroll would indicate that the work was performed by named “owner-operator” but would not need to show hours worked or the rate of pay).
15. Bona fide programs approved by the USDOL with established wage rates, living allowances and other compensation. Some of the programs included:
1. Summer youth opportunity programs, such as those sponsored by union and management or by a governmental or community group, and
2. Federal Youth Program, such as: Youth Conservation Corps, Public Land Corps, American Conservation and Youth Service Corps (AmeriCorps), and Volunteers in Service to America (VISTA).

26) What are the requirements for apprentices and trainees?

The USDOL requirements of 29 CFR 5.5(a)(4)(i) and (ii) apply to apprentices and trainees individually registered in a bona fide apprenticeship program registered with the USDOL, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office. Even though apprentices and trainees are laborers and mechanics, these worker classifications are not listed on a wage determination. The wages and fringe benefits rates they receive are specified in their approved training program and may be less than the journeyman rate for the type of work performed.

Apprentices and trainees performing on Federal-aid highway construction contracts and enrolled in programs certified by the Secretary of the Department of Transportation are exempt from the DBRA requirements of 29 CFR 5.5(a)(4)(i) and (ii) for apprentices and trainees.

23 U.S.C. 113(c)
CFR 5.5(a)(4)(i)
29 CFR 5.5(a)(4)(ii)

27) Is a helper classification included in a General Wage Determination?

NO. The wage and fringe benefit rates for a helper classification are not included in a General Wage Determination. The helper classification must be included in a project wage determination, or added by the USDOL Wage and Hour Division, only when the following conditions are met:

1. The work duties are clearly defined and distinct from any other classification in the wage determination;
2. The work performed by a helper is not performed by a classification in the wage determination;
3. The use of helpers is an established prevailing practice in the area; and
4. The helper is not employed as a trainee in an informal training program.

29 CFR 5.2 (n)(4)