29 C.F.R. § 1.2

Definitions

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Administrator. The term “Administrator” means the Administrator of the Wage and Hour Division, U.S. Department of Labor, or authorized representative.

Agency. The term “agency” means any Federal, State, or local agency or instrumentality, or other similar entity, that enters into a contract or provides assistance through loan, grant, loan guarantee or insurance, or otherwise, to a project subject to the Davis-Bacon labor standards, as defined in § 5.2 of this subtitle.

(1) Federal agency. The term “Federal agency” means an agency or instrumentality of the United States or the District of Columbia, as defined in this section, that enters into a contract or provides assistance through loan, grant, loan guarantee or insurance, or otherwise, to a project subject to the Davis-Bacon labor standards.

(2) [Reserved]

Area. The term “area” means the city, town, village, county or other civil subdivision of the State in which the work is to be performed.

(1) For highway projects, the area may be State department of transportation highway districts or other similar State geographic subdivisions.

(2) Where a project requires work in multiple counties, the area may include all counties in which the work will be performed.

Department of Labor-approved website for wage determinations (DOL-approved website). The term “Department of Labor-approved website for wage determinations” means the government website for both Davis-Bacon Act and Service Contract Act wage determinations. In addition, the DOL-approved website provides compliance assistance information. The term will also apply to any other website or electronic means that the Department of Labor may approve for these purposes.

Employed. Every person performing the duties of a laborer or mechanic in the construction, prosecution, completion, or repair of a public building or public work, or building or work financed in whole or in part by assistance from the United States through loan, grant, loan guarantee or insurance, or otherwise, is employed regardless of any contractual relationship alleged to exist between the contractor and such person.

Prevailing wage. The term “prevailing wage” means:

(1) 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;

(2) If the same wage is not paid to a majority of those employed in the classification, the prevailing wage will be the wage paid to the greatest number, provided that such greatest number constitutes at least 30 percent of those employed; or

(3) If no wage rate is paid to 30 percent or more of those so employed, the prevailing wage will be the average of the wages paid to those employed in the classification, weighted by the total employed in the classification.

Type of construction (or construction type). The term “type of construction (or construction type)” means the general category of construction, as established by the Administrator, for the publication of general wage determinations. Types of construction may include, but are not limited to, building, residential, heavy, and highway. As used in this part, the terms “type of construction” and “construction type” are synonymous and interchangeable.

United States or the District of Columbia. The term “United States or the District of Columbia” means the United States, the District of Columbia, and all executive departments, independent establishments, administrative agencies, and instrumentalities of the United States and of the District of Columbia, and any corporation for which all or substantially all of the stock of which is beneficially owned by the United States, by the District of Columbia, or any of the foregoing departments, establishments, agencies, and instrumentalities.

[88 FR 57723, Aug. 23, 2023]

Notes of Decisions

Cited in 12 cases (1 in the last 5 years), 1976–2024 · leading case: Abhe & Svoboda, Inc. v. Chao, 508 F.3d 1052 (D.C. Cir. 2007).

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Abhe & Svoboda, Inc. v. Chao, 508 F.3d 1052 (D.C. Cir. 2007). “A government agency, including a State highway department, 29 C.F.R. § 1.2 (d), need not notify the Department before incorporating a general wage determination into bid solicitations for a federally funded project so long as “questions concerning its use shall be referred to…”

Bldg. & Constr. Trades Dep't, Afl-Cio v. Lynn Martin, Sec'y of Labor, 961 F.2d 269 (D.C. Cir. 1992). “29 C.F.R. § 1.2 (a)(1) (1991) in its entirety states: 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.”

Pennsylvania State Bldg. & Constr. Trades Council v. Commonwealth, Prevailing Wage Appeals Bd., 722 A.2d 1139 (Pa. Commw. Ct. 1999). · cites it 2× “See also Davis-Bacon Regulations, 29 C.F.R. §1.2 (a)(1). Since 1931, the Davis-Bacon Act has required that the wages paid on federal public work projects equal wages paid in the project's local area on similar, private construction jobs.”

State, Dept. of Com., Etc. v. Matthews Corp., 358 So. 2d 256 (Fla. 1st DCA 1978). “The rule was patterned essentially after 29 C.F.R. § 1.2 (a) (1977), which in turn implements the Davis Bacon Act (40 U.”

Bldg. & Constr. Trades Dep't v. Donovan, 543 F. Supp. 1282 (D.D.C. 1982). · cites it 2× “23644 -23676) to be codified as 29 C.F.R. §§ 1.2 (a), 1.3, 1.7(b) and (d); 29 C.”

R. D. Andersen Constr. Co. v. City of Topeka, 612 P.2d 595 (Kan. 1980). “29 C.F.R. § 1.2 (a) (1), (2) and (3). Regardless of the base area or the manner in which Davis-Bacon wages are computed, there is no claim or contention that the Davis-Bacon rate is less than the current rate of per diem wages computed pursuant to K.”

Comm'r of Labor & Indus. v. Worcester Hous. Auth., 393 N.E.2d 944 (Mass. App. Ct. 1979). “See also 29 C.F.R. § 1.2 (1978), where the "prevailing wage rate” is defined as the rate paid "to the majority of those employed.”

George Campbell Painting Corp. v. Chao, 463 F. Supp. 2d 184 (D. Conn. 2006). “See 29 C.F.R. § 1.2 (a)(1). 3 . Based on its own research, this court agrees with the court in Abhe & Svogoda, and this ruling will therefore incorporate much of the analysis of that case.”

Bldg. & Constr. Trades' Dep't v. Donovan, 712 F.2d 611 (D.C. Cir. 1983). · cites it 3× “29 C.F.R. § 1.2 (a) (1982); accord Labor Department Regulation No.”

Naporano Metal & Iron Co. v. Sec'y of Labor of the United States, 529 F.2d 537 (3rd Cir. 1976). · cites it 2× “29 CFR § 1.2 (1975). 9 Thus, under the Secretary’s interpretation, an alien must receive at least the “prevailing wage” rate in order to be certified under 8 U.”

Nevada Chapter of the Associated Gen. Contract v. Marty Walsh (9th Cir. 2024). “7, however, does contemplate geographical and temporal expansions of data that may be considered, and explicitly references “wage data from similar construction .”

Determination of Wage Rates Under the Davis-Bacon & Serv. Contract Acts (OLC 1981). “See 29 C.F.R. § 1.2 (a). It now proposes to shift the threshold upwards to permit the use of an average where anything less than a simple majority of employees is earning a single wage As a general matter, we cannot say that such an approach is necessarily impermissible under…”

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