Originally passed in 1931, the Davis Bacon and Related Acts (DBRA) requires any contractor or subcontractor performing work on a federal or District of Columbia construction contract in excess of $2,000 to pay their laborers and mechanics not less than the prevailing wage rates and fringe benefits. The Davis-Bacon prevailing wage rates and fringe benefits are based upon corresponding classes of laborers and mechanics employed on similar projects in the area, and set by the Secretary of Labor. 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 Davis Bacon contracts.

In addition to the Davis Bacon Act itself, Congress added Davis-Bacon prevailing wage requirements to approximately 60 laws—”related Acts”—under which federal agencies assist construction projects through grants, loans, loan guarantees, and insurance. (Examples of the Acts related to Davis-Bacon wage determinations are the Federal-Aid Highway Acts, and the Housing and Community Development Act of 1974) Generally, the application of prevailing wage requirements to projects receiving federal assistance under any particular “related” Act depends on the provisions of that law.

The U.S. Department of Labor (DOL) has oversight of prevailing wage determinations, and is responsible for coordination of administration and enforcement of the labor standards provisions of the Davis Bacon and Related Acts. Under this authority, DOL issues regulations establishing standards and procedures for the administration and enforcement of the Davis-Bacon labor standards provisions, while Federal contracting agencies have day-to-day responsibility for implementing DOL policies on covered contracts.

Within DOL, the Employment Standards Administration’s Wage and Hour Division (WHD) is responsible for administration and enforcement of the DBRA.