dol.gov/agencies/whd
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Davis-Bacon and Related Acts
Wage Determination Surveys
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U.S. Department of Labor | Wage and Hour Division
• The Wage and Hour Division (WHD) is responsible for
administering and enforcing several federal laws
involving labor standards including:
• The Davis-Bacon and Related Acts (DBRA);
• The McNamara – O’Hara Service Contract Act (SCA);
• Executive Orders applicable to federal contractors;
• The Fair Labor Standards Act (FLSA);
• Family Medical Leave Act (FMLA).
Introduction
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U.S. Department of Labor | Wage and Hour Division
• The DBRA applies to contractors and subcontractors
performing on federal or federally assisted contracts in
excess of $2,000 for construction, alteration, or repair.
• Covered contractors and subcontractors must pay their
laborers and mechanics working on the site of work no
less than the locally prevailing wages and fringe benefits
for corresponding work on similar projects in the area.
Davis-Bacon and Related Acts
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U.S. Department of Labor | Wage and Hour Division
• Age of current WD
• Level of construction activity
• Number of conformances
Some Reasons to Survey
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U.S. Department of Labor | Wage and Hour Division
• Survey Area – primarily statewide
(rates will be issued by locality – typically by county)
• Construction Type (building, residential, heavy, and
highway)
• Survey timeframe
Three Basic Elements
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U.S. Department of Labor | Wage and Hour Division
• Payment data on construction projects from construction
contractors and other interested parties
• Certified payrolls provided by federal agencies from
Davis-Bacon contracts (supplements data from other
sources, where appropriate)
Obtaining and Compiling Wage & Fringe Benefit Data
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U.S. Department of Labor | Wage and Hour Division
• Request for subcontractor contact information
• Notification of contractors and interested parties
• Non-respondent follow-up
• Data collection, analysis and clarification
Wage Survey Process – Reviewing Data
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U.S. Department of Labor | Wage and Hour Division
• The prevailing wage includes both wages and fringe benefits
• Basic hourly rate calculation:
• Majority Rate: Single hourly rate paid to a majority of workers,
or,
• 30% Rate: Single hourly rate paid to the greatest number of
workers, provide it was paid to at least 30% of workers, or
• Weighted Average Rate: No rate is paid to 30%
• NOTE: If insufficient data is received for a classification, no
rate will be recommended
Wage Survey Process – Base Hourly Rate
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U.S. Department of Labor | Wage and Hour Division
Fringe Benefit Calculation:
• Majority of workers must first receive a fringe benefit:
• Majority Rate
• 30% Rate, or
• Weighted Average Rate
Wage Survey Process – Fringe Benefits
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U.S. Department of Labor | Wage and Hour Division
• Variable rates paid to workers for the same classification
can be treated as the same provided there is an
underlying logic to the difference between them
• Collective bargaining agreements or written company
policies need to explain how rates are functionally
equivalent
Functionally Equivalent
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U.S. Department of Labor | Wage and Hour Division
• Prevailing wages will be calculated at the county level
first.
• If insufficient data is received at the county level, the data
will be expanded to:
• Surrounding counties
• Comparable counties or groups of counties
• Statewide
County Grouping
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U.S. Department of Labor | Wage and Hour Division
• Data from all projects, regardless of the funding source,
will be considered in the survey process.
• For highway and heavy projects, data from federally
funded projects will be included in the calculation.
• For building and residential projects, data from federally
funded projects may be included if insufficient data is
received at county, comparable counties, or statewide
levels to make a prevailing wage determination.
Project Funding
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U.S. Department of Labor | Wage and Hour Division
• Sufficient data must be received for at least half the KEY
CLASSES of a construction type
• Key classes are the classifications determined necessary
for each construction type.
Survey Sufficiency Criteria
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U.S. Department of Labor | Wage and Hour Division
• Boilermaker
• Bricklayer
• Carpenter
• Cement Mason/Concrete Finisher
• Electrician
• Heat & Frost Insulator
• Ironworker
• Laborer - General
Key Classes – Building Construction
• Painter
• Pipefitter-Steamfitter
• Plumber
• Power Equipment
Operator
• Roofer
• Sheet Metal Worker
• Tile Setter
• Truck Driver
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U.S. Department of Labor | Wage and Hour Division
• Carpenter
• Cement Mason/Concrete Finisher
• Electrician
• Ironworker
Key Classes – Heavy & Highway Construction
• Laborer - General
• Painter
• Power Equipment Operator
• Truck Driver
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U.S. Department of Labor | Wage and Hour Division
• Bricklayer
• Carpenter
• Cement Mason/Concrete Finisher
• Electrician
• Ironworker
• Laborer-General
Key Classes – Residential Construction
• Painter
• Plumber
• Power Equipment
Operator
• Roofer
• Sheet Metal Worker
• Truck Driver
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U.S. Department of Labor | Wage and Hour Division
• Verification procedures
• Supplemental Rate Analysis
• Survey Audit
• Survey results to the Branch of Construction Wage
Determinations (BCWD)
• Wage determination publication
Wage Survey Process – Finalizing Results
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U.S. Department of Labor | Wage and Hour Division
• Prevailing rates may be based on less data, or on data
from outside the county where work is being performed
• Prevailing wage rates and fringe benefits may be less
likely to reflect the wage rates and fringe benefits that
contractors pay their employees
• Wage decisions with missing classifications of workers
may create uncertainty in the bidding process
Impact of Non-Participation in the Survey
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U.S. Department of Labor | Wage and Hour Division
Accuracy and completeness of wage determinations is
dependent upon:
• Survey participation by contractors, unions, contractor
associations, federal agencies and other interested
parties
• Level of construction activity
Impact of Survey Participation
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U.S. Department of Labor | Wage and Hour Division
• Attending Survey Briefings
• Submitting WD10s
• Submitting subcontractor lists (WD-10A)
Will increase Quantity and Quality of Wage
Determinations.
Impact of Survey Participation
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U.S. Department of Labor | Wage and Hour Division
Internet Sites
• Wage Determinations: https://sam.gov
• Wage and Hour Division: http://www.dol.gov/agencies/whd/government-contracts
• WHD Protections for Workers in Construction under the Bipartisan Infrastructure
Law:
https://www.dol.gov/agencies/whd/government-contracts/protections-for-
workers-in-construction
• Resource Book: http://www.dol.gov/agencies/whd/prevailing-wage-resource-book
• Office of the Administrative Law Judges Law Library:
https://www.dol.gov/agencies/oalj/topics/libraries/LIBDBA
• Prevailing Wage Topic videos: https://www.dol.gov/agencies/whd/government-
contracts/construction/presentations
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U.S. Department of Labor | Wage and Hour Division
Disclaimer
This presentation is intended as general information only and does not carry the force
of legal opinion.
The Department of Labor is providing this information as a public service. This
information and related materials are presented to give the public access to
information on Department of Labor programs. You should be aware that, while we try
to keep the information timely and accurate, there will often be a delay between official
publications of the materials and the modification of these pages. Therefore, we make
no express or implied guarantees. The Federal Register and the Code of Federal
Regulations remain the official source for regulatory information published by the
Department of Labor. We will make every effort to keep this information current and to
correct errors brought to our attention.
