29 C.F.R. § 1.1

Purpose and scope

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(a) The procedural rules in this part apply under the Davis-Bacon Act (46 Stat. 1494, as amended; 40 U.S.C. 3141 et seq.), and any laws now existing or subsequently enacted, which require the payment of minimum wages, including fringe benefits, to laborers and mechanics engaged in construction activity under contracts entered into or financed by or with the assistance of agencies of the United States or the District of Columbia, based on determinations by the Secretary of Labor of the wage rates and fringe benefits prevailing for the corresponding classes of laborers and mechanics employed on projects similar to the contract work in the local areas where such work is to be performed.

(1) A listing of laws requiring the payment of wages at rates predetermined by the Secretary of Labor under the Davis-Bacon Act can be found at www.dol.gov/agencies/whd/government-contracts or its successor website.

(2) Functions of the Secretary of Labor under these statutes and under Reorganization Plan No. 14 of 1950 (15 FR 3176, effective May 24, 1950, reprinted as amended in 5 U.S.C. app. 1 and in 64 Stat. 1267), except for functions assigned to the Office of Administrative Law Judges (see part 6 of this subtitle) and appellate functions assigned to the Administrative Review Board (see part 7 of this subtitle) or reserved by the Secretary of Labor (see Secretary's Order 01-2020 (Feb. 21, 2020)), have been delegated to the Administrator of the Wage and Hour Division and authorized representatives.

(b) The regulations in this part set forth the procedures for making and applying such determinations of prevailing wage rates and fringe benefits pursuant to the Davis-Bacon Act and any laws now existing or subsequently enacted providing for determinations of such wages by the Secretary of Labor in accordance with the provisions of the Davis-Bacon Act.

(c) Procedures set forth in this part are applicable, unless otherwise indicated, both to general wage determinations for contracts in specified localities, and to project wage determinations for use on contract work to be performed on a specific project.

[48 FR 19533, Apr. 29, 1983, as amended at 50 FR 49823, Dec. 4, 1985; 88 FR 57722, Aug. 23, 2023]

Notes of Decisions

Cited in 7 cases, 1980–2012 · leading case: Lloyd T. Danielsen v. Burnside-Ott Aviation Training Ctr., Inc., 941 F.2d 1220 (D.C. Cir. 1991).

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Lloyd T. Danielsen v. Burnside-Ott Aviation Training Ctr., Inc., 941 F.2d 1220 (D.C. Cir. 1991). “” 29 C.F.R. §§ 1.1 — 1.9. This part applies to the SCA as well as Davis-Bacon, Walsh-Healy, and 55 other statutes listed in Appendix A to the regulations, all of which require the determination of minimum wages for the protection of workers under federal or federally assisted…”

The United States of Am. for the Benefit of & on Behalf of Matthew Glynn v. Capeletti Bros., Inc., a Florida Corp., 621 F.2d 1309 (5th Cir. 1980). “See 29 C.F.R. § 1.1 and Appendix A, No. 16 (1979).”

Mistick PBT v. Chao, Elaine, 440 F.3d 503 (D.C. Cir. 2006). “See 29 C.F.R. §§ 1.1 — 1.9. This case involves the Department’s conformance regulations, 29 C.”

R. D. Andersen Constr. Co. v. City of Topeka, 612 P.2d 595 (Kan. 1980). “Under the published regulations, 29 C.F.R. § 1.1 et seq. (1979), the Secretary compiles wage rate information, determines the prevailing wage scales, and publishes them periodically in the Federal Register.”

Ritchie Paving, Inc. v. Kansas Dep't of Transp., 654 P.2d 440 (Kan. 1982). “Under the published regulations, 29 C.F.R. § 1.1 et seq. (1979), the Secretary compiles wage rate information, determines the prevailing wage scales, and publishes them periodically in the Federal Register.”

Angulo v. Gray, 907 F. Supp. 2d 107 (D.D.C. 2012). · cites it 2× “§ 3142 (b); 29 C.F.R. § 1.1 . Plaintiffs would be entitled to these minimum wages and the other benefits of the DBA’s labor standards if the Wage and Hour Division ruled iri their favor.”

Kam Shing Chan v. City of New York, 1 F.3d 96 (2d Cir. 1993). “Under the 1950 Plan, to which Congress referred in § 5310, the Secretary had adopted regulations with respect to Davis-Bacon and related statutes; the regulations included provisions for the predetermination of prevailing wage rates, see 29 C.F.R. § 1.1 et seq. (1974); for…”

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