29 C.F.R. § 5.1

Purpose and scope

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(a) The regulations contained in this part are promulgated under the authority conferred upon the Secretary of Labor by Reorganization Plan No. 14 of 1950 (64 Stat. 1267, as amended, 5 U.S.C. appendix) and the Copeland Act (48 Stat. 948; 18 U.S.C. 874; 40 U.S.C. 3145) in order to coordinate the administration and enforcement of labor standards provisions contained in the Davis-Bacon Act (46 Stat. 1494, as amended; 40 U.S.C. 3141 et seq.) and its related statutes (“Related Acts”).

(1) A listing of laws requiring Davis-Bacon labor standards provisions can be found at www.dol.gov/agencies/whd/government-contracts or its successor website.

(2) [Reserved]

(b) Part 1 of this subtitle contains the Department's procedural rules governing requests for wage determinations and the issuance and use of such wage determinations under the Davis-Bacon Act and its Related Acts.

[88 FR 57731, Aug. 23, 2023]
Notes of Decisions
Cited in 11 cases, 1961–2013 · leading case: Indep. Training & Apprenticeship Prog. v. California Dep't of Indus. Relations, 730 F.3d 1024 (9th Cir. 2013).
Indep. Training & Apprenticeship Prog. v. California Dep't of Indus. Relations, 730 F.3d 1024 (9th Cir. 2013). · cites it 2× “See 29 C.F.R. § 5.1 (a). The Davis-Bacon Act requirements can therefore apply to projects that are financed, in whole or in part, by the Federal Government, even though the Federal Government is not a contracting party.”
Cox v. NAP Constr. Co., Inc., 891 N.E.2d 271 (NY 2008). “Defendants rely on regulations of the Department of Labor, promulgated to implement the DBA "and Related Acts" (29 CFR 5.1 et seq. ). More specifically, they point to 29 CFR 5.”
Drake v. Molvik & Olsen Elec., Inc., 726 P.2d 1238 (Wash. 1986). · cites it 2× “Part 5, Subpart A is entitled "Davis-Bacon and Related Acts Provisions and Procedures" and lists the 60-odd federal statutes which are euphemistically termed the "Related Acts" in 29 C.F.R. § 5.1 (a) (1983). As the Secretary notes, the enumerated provisions .”
North Georgia Bldg. & Constr. Trades Council v. Neil Edward Goldschmidt, Maynard Jackson, Etc., 621 F.2d 697 (5th Cir. 1980). “Regulations governing the determination of wage rates are contained in Part 1 of the subtitle, and the Airport and Airway Development Act, incorporated by reference in 29 C.F.R. § 5.1 (1976), was subsequently listed therein.”
Janik Paving & Constr., Inc. v. William E. Brock, Iii, as Sec'y of the United States Dep't of Labor, 828 F.2d 84 (2d Cir. 1987). · cites it 2× “See 29 C.F.R. § 5.1 (1983) (listing the statutes, collectively referred to as “Davis-Bacon Related Acts”).”
Glenn Elec. Co. Inc. v. Raymond Donovan, Sec'y United States Dep't of Labor & Comptroller Gen. of the United States, 755 F.2d 1028 (3rd Cir. 1985). “Part 5, Subpart A is entitled “Davis-Bacon and Related Acts Provisions and Procedures” and lists the 60-odd federal statutes which are euphemistically termed the “Related Acts” in 29 C.F.R. § 5.1 (a) (1983). As the Secretary notes, the enumerated provisions, of which one is the…”
L.P. Cavett Co. v. United States Dep't of Labor, 892 F. Supp. 973 (S.D. Ohio 1995). · cites it 4× “2d at 987 ; 29 C.F.R. § 5.1 (a). Included is the definition of the term “site of the work:” (1) The site of the work is limited to the physical place or places where the construction called for in the contract will remain when work on it has been completed and, as discussed in…”
Copper Plumbing & Heating Co., a Corp. v. Joseph Campbell, Comptroller Gen. of the United States, 290 F.2d 368 (D.C. Cir. 1961). “The acts to which the debarment provision is applicable are set out in 29 C.F.R. § 5.1 (Supp.1961). 9 . 322 U.S.”
Bodrick v. Mayfair Constr. Corp., 346 N.E.2d 820 (NY 1976). “(29 CFR 5.1 [a], 29 Fed Reg 99 [1964].) Thus, the FHA Commissioner was clearly empowered to act as he did here.”
Irwin Co., Inc. v. 3525 Sage Street Assocs., Ltd. v. Robert B. Reich, U.S. Dep't of Labor, Sec'y of Labor, Third-Party, 37 F.3d 212 (3rd Cir. 1994). “The Secretary contends that we should follow the Third Circuit and apply § 2415. Irwin presents sensible arguments for universal application of the Portal-to-Portal Act limitation period in all cases contesting Davis-Bacon prevailing wages.”
Int'l Bhd. of Elec. Workers, Local 41 v. United States Dep't of Hous. & Urban Dev., 686 F. Supp. 66 (W.D.N.Y. 1988). “Department of Labor____ HUD notes that the Housing Act is one of the “Davis-Bacon related acts” listed in 29 C.F.R. § 5.1 (a) (1985). HUD contends that plaintiffs’ first count centrally concerns the “application and interpretation of wage determinations (including the…”
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