• The WHD conducts a continuing program for obtaining and compiling wage rate information, including the conduct of surveys requesting the voluntary submission of wage data by contractors, contractors' associations, labor organizations, public officials, and other interested parties as the basis for developing Davis-Bacon wage determinations that reflect the wages paid to for laborers and mechanics employed on different types of construction in local areas across the country, which set minimum pay requirements for federal and federally assisted construction subject to DBA/DBRA prevailing wage requirements.
  • Based on the data submitted in response to the such surveys, WHD determines the locally prevailing wages to be issued Davis-Bacon wage determinations for inclusion in DBA and DBRA covered contracts.

Statutory and regulatory requirements

  • The DBA requires that minimum wage requirements to be included in covered contracts be "based on the wages the Secretary of Labor determines to be prevailing for the corresponding classes of laborers and mechanics employed on projects of a character similar to the contract work" in the area (usually a county) in which proposed contract work is to be performed. 40 U.S.C. § 3142(b).
    1. As noted in 29 C.F.R. § 1.1(a). the responsibility for such determinations has been delegated to the WHD Administrator and authorized representatives.
  • 29 C.F.R. Part 1 establishes the procedures for issuing and applying Davis-Bacon wage determinations to covered contracts.
  • The regulatory definition of the term "prevailing wage" is stated at 29 C.F.R. § 1.2(a)(1):
    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.
  • The regulation further states at 29 C.F.R. § 1.2(a)(2) that:
    1. 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 § 1.3 of this part.
  • The WHD conducts a continuing program for the obtaining and compiling of wage rate information, in accordance with 29 C.F.R. § 1.3, which addresses "Obtaining and compiling wage rate information." As mandated by 29 C.F.R. § 1.3(a):
    1. The Administrator will encourage the voluntary submission of wage rate data by contractors, contractors' associations, labor organizations, public officials and other interested parties, reflecting wage rates paid to laborers and mechanics on various types of construction in the area, and .
    2. The Administrator may also obtain data from agencies on wage rates paid on construction projects under their jurisdiction.
    3. The information submitted should reflect not only the wage rates paid a particular classification in an area, but also the type or types of construction on which such rate or rates are paid, and whether or not such rates were paid on federal or federally assisted projects subject to Davis-Bacon prevailing wage requirements.
  • A listing of types of information that "may be considered in making wage rate determinations is provided in 29 C.F.R. § 1.3(b). It includes:
    1. Statements showing wage rates paid on projects, which should include:
      1. the names and addresses of contractors, including subcontractors,
      2. the locations, approximate costs, dates of construction and types of projects,
      3. whether or not the projects are Federal or federally assisted projects subject to Davis-Bacon prevailing wage requirements,
      4. the number of workers employed in each classification on each project, and
      5. the respective wage rates paid such workers.
    2. Signed collective bargaining agreements;
    3. Wage rates determined for public construction by State and local officials pursuant to State and local prevailing wage legislation.; and
    4. Any other information pertinent to the determination of prevailing wage rates.
    5. Also, in making wage rate determinations pursuant to 23 U.S.C. § 113, the highway department of the State in which a project in the Federal-Aid highway system is to be performed shall be consulted, and before making a determination of wage rates for such a project the Administrator shall give due regard to the information thus obtained.
    6. This chapter of the DOL Prevailing Wage Resource Book provides information concerning the WHD survey process whereby data is requested, analyzed, compiled, and used to issue the Davis-Bacon wage determinations that are incorporated into DBA/DBRA covered contracts.

Consulting Services We Provide

  • Review public works preconstruction contracts
  • Monitor DIR contractor/subcontractor certified payrolls
  • Audit labor classification for each worker employed
  • Review DIR pre-DAS 140/142 submissions
  • Review CAC training fund contributions form CAC-2
  • Review DIR Fringe Benefits Statement PW-26
  • Monitor DIR wage determinations
  • Audit fringe benefits allowances
  • Review DIR holiday payment requirements
  • Audit DIR travel & subsistence requirements
  • Caltrans Labor Compliance
  • County of Sacramento Labor Compliance
  • City of Los Angeles Labor Compliance
  • Los Angeles Unified School District Labor Compliance
  • Federal Davis-Bacon Project Monitoring
  • Federal DBE Implementation & Review
  • Federal FAA AIP Goal Setting
  • DIR & Davis-Bacon Training
  • DIR Civil Wage Penalty Review
  • Local-Hire Review (e.g., San Francisco)
  • Skilled and Trained Workforce

Give us a call to discuss your labor compliance requirements.

This email is intended for general information purposes only and should not be construed as legal advice
or legal opinions on any specific facts or circumstances.

© 2009-2020 GroupOne Company. All Rights Reserved.