40 U.S.C. § 3142

Rate of wages for laborers and mechanics

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(a)Application.—The advertised specifications for every contract in excess of $2,000, to which the Federal Government or the District of Columbia is a party, for construction, alteration, or repair, including painting and decorating, of public buildings and public works of the Government or the District of Columbia that are located in a State or the District of Columbia and which requires or involves the employment of mechanics or laborers shall contain a provision stating the minimum wages to be paid various classes of laborers and mechanics.(b)Based on Prevailing Wage.—The minimum wages shall be based on the wages the Secretary of Labor determines to be prevailing for the corresponding classes of laborers and mechanics employed on projects of a character similar to the contract work in the civil subdivision of the State in which the work is to be performed, or in the District of Columbia if the work is to be performed there.(c)Stipulations Required in Contract.—Every contract based upon the specifications referred to in subsection (a) must contain stipulations that—(1) the contractor or subcontractor shall pay all mechanics and laborers employed directly on the site of the work, unconditionally and at least once a week, and without subsequent deduction or rebate on any account, the full amounts accrued at time of payment, computed at wage rates not less than those stated in the advertised specifications, regardless of any contractual relationship which may be alleged to exist between the contractor or subcontractor and the laborers and mechanics;(2) the contractor will post the scale of wages to be paid in a prominent and easily accessible place at the site of the work; and(3) there may be withheld from the contractor so much of accrued payments as the contracting officer considers necessary to pay to laborers and mechanics employed by the contractor or any subcontractor on the work the difference between the rates of wages required by the contract to be paid laborers and mechanics on the work and the rates of wages received by the laborers and mechanics and not refunded to the contractor or subcontractors or their agents.(d)Discharge of Obligation.—The obligation of a contractor or subcontractor to make payment in accordance with the prevailing wage determinations of the Secretary of Labor, under this subchapter and other laws incorporating this subchapter by reference, may be discharged by making payments in cash, by making contributions described in section 3141(2)(B)(i) of this title, by assuming an enforceable commitment to bear the costs of a plan or program referred to in section 3141(2)(B)(ii) of this title, or by any combination of payment, contribution, and assumption, where the aggregate of the payments, contributions, and costs is not less than the basic hourly rate of pay plus the amount referred to in section 3141(2)(B) of this title.(e)Overtime Pay.—In determining the overtime pay to which a laborer or mechanic is entitled under any federal law, the regular or basic hourly rate of pay (or other alternative rate on which premium rate of overtime compensation is computed) of the laborer or mechanic is deemed to be the rate computed under section 3141(2)(A) of this title, except that where the amount of payments, contributions, or costs incurred with respect to the laborer or mechanic exceeds the applicable prevailing wage, the regular or basic hourly rate of pay (or other alternative rate) is the amount of payments, contributions, or costs actually incurred with respect to the laborer or mechanic minus the greater of the amount of contributions or costs of the types described in section 3141(2)(B) of this title actually incurred with respect to the laborer or mechanic or the amount determined under section 3141(2)(B) of this title but not actually paid.(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1150; Pub. L. 109–284, § 6(12), (13), Sept. 27, 2006, 120 Stat. 1213.)

Historical and Revision Notes
Revised Section	Source (U.S. Code)	Source (Statutes at Large)
3142(a), (b)	40:276a(a) (words before 1st semicolon).	Mar. 3, 1931, ch. 411, § 1(a), 46 Stat. 1494; Aug. 30, 1935, ch. 825, 49 Stat. 1011; June 15, 1940, ch. 373, § 1, 54 Stat. 399; Pub. L. 86–624, § 26, July 12, 1960, 74 Stat. 418; Pub. L. 88–349, § 1, July 2, 1964, 78 Stat. 238.
3142(c)	40:276a(a) (words after 1st semicolon).
3142(d)	40:276a(b) (1st par. proviso).	Mar. 3, 1931, ch. 411, § 1(b) (1st par. proviso, last par.), as added Pub. L. 88–349, § 1, July 2, 1964, 78 Stat. 239.
3142(e)	40:276a(b) (last par.).

In subsection (a), the words “a State” are substituted for “the geographical limits of the States of the Union” for consistency in the revised title and with other titles of the United States Code and to eliminate unnecessary words.

In subsection (b), the words “city, town, village, or other” are omitted as unnecessary.

In subsection (d), the words “of a type” are omitted as unnecessary. The words “basic hourly rate of pay” are substituted for “rate of pay described in paragraph (1)” for clarity.

Editorial NotesAmendments

2006—Subsec. (d). Pub. L. 109–284, § 6(12), inserted “of this title” after “amount referred to in section 3141(2)(B)”.

Subsec. (e). Pub. L. 109–284, § 6(13), inserted “of this title” after “determined under section 3141(2)(B)”.

Notes of Decisions

Cited in 96 cases (27 in the last 5 years), 2003–2026 · leading case: Int'l Bhd. Elec v. Farfield Co, 5 F.4th 315 (3rd Cir. 2021).

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Int'l Bhd. Elec v. Farfield Co, 5 F.4th 315 (3rd Cir. 2021). · cites it 7× “754 , 773–74 (1981) (quotation omitted); see 40 U.S.C. § 3142 (a). Its pur- pose was “to give local labor and the local contractor a fair opportunity to participate in [] building program[s].”

Abhe & Svoboda, Inc. v. Chao, 508 F.3d 1052 (D.C. Cir. 2007). · cites it 4× “based on the wages the Secretary of Labor determines to be prevailing for the corresponding classes of laborers and mechanics employed on projects of a character similar to the contract work in the civil subdivision of the State in which the work is to be performed-” 40 U.S.C. §…”

Frank Bros., Inc. v. Wisconsin Dep't of Transp., Frank Busalacchi, Sec'y, & Marilyn Kuick, Chief Eeo/labor Compliance, 409 F.3d 880 (7th Cir. 2005). · cites it 5× “See 40 U.S.C. § 3142 (b); 23 U.S.C. § 113 ; 23 C.”

Mullally v. Waste Mgmt. of Massachusetts, Inc., 452 Mass. 526 (Mass. 2008). · cites it 5× “See 40 U.S.C. § 3142 (e) (2000). Even if we assume, arguendo, that 40 U.”

Cox v. NAP Constr. Co., Inc., 891 N.E.2d 271 (NY 2008). · cites it 3× “The DBA requires construction and certain other contracts to which the federal government is a party to "contain a provision stating the minimum wages to be paid various classes of laborers and mechanics" ( 40 USC § 3142 [a]). Those *602 "minimum wages shall be based on the…”

United States Ex Rel. Wall v. Circle C Constr., L.L.C., 697 F.3d 345 (6th Cir. 2012). · cites it 4× “3 (a)(9) (FCA false claims, treble damages, and civil penalties, respectively), with 40 U.S.C. §§ 3142 , 3145 and 29 C.F.R. § 5.”

Jorge Amaya v. Power Design, Inc., 833 F.3d 440 (4th Cir. 2016). · cites it 4× “3 40 U.S.C. §§ 3142 (a)-(b), 3141(2). Although the DBA does not require overtime compensation, it specifies the calculation of overtime wages under “any federal law” to be based on the “regular or basic hourly rate” determined by the Secretary.”

Idaho Bldg. & Constr. Trades Council, AFL-CIO v. Inland Pac. Chapter of Associated Builders & Contractors, Inc., 801 F.3d 950 (9th Cir. 2015). · cites it 6× “40 U.S.C. § 3142 (a)–(b). The Act further provides that: the contractor or subcontractor shall pay all mechanics and laborers employed directly on the site of the work, unconditionally and at least once a week, and without subsequent deduction or rebate on any account, the full…”

Johnson v. Prospect Waterproofing Co., 813 F. Supp. 2d 4 (D.D.C. 2011). · cites it 6× “40 U.S.C. § 3142 . Plaintiffs allege that defendants failed or refused to pay them and similarly situated employees the prevailing wage rate established under the Davis-Bacon Act.”

United States v. William P. Clark, 787 F.3d 451 (7th Cir. 2015). · cites it 3× “, a violation of 40 U.S.C. § 3142 , criminally prosecuted under 18 U.”

United States v. Javier Estepa, 998 F.3d 898 (11th Cir. 2021). · cites it 4× “2 40 U.S.C. § 3142 (a)–(b). The Act and its implementing regulations include several mechanisms to encourage and monitor compliance.”

Worth & Co. v. Dep't of Labor & Indus., 857 A.2d 727 (Pa. Commw. Ct. 2004). · cites it 6× “[5] The issues presented for our review are: 1) whether the Department misapplied the Act when it authorized the withholding of funds to Worth based on First Choice's violations of the Act; 2) whether the claims of First Choice employees should be directed to the trustee in…”

Show all 96 citing cases →

— 40 U.S.C. § 3142(a) — 1 case

Dist. of Columbia v. Dep't of Labor, 819 F.3d 444 (D.C. Cir. 2016).

— 40 U.S.C. § 3142(b) — 1 case

Eckard Brandes, Inc. v. Dep't of Labor & Indus. Relations. ICA Order Dismissing Appellate Court Case No. CAAP-19-0000095 for Lack of Appellate Jurisdiction, filed 05/21/2019 [ada]. Application for Writ of Certiorari, filed 07/19/2019. S.Ct. Order Accepting Application for Writ of Certiorari, filed 08/29/2019 [ada]. S.Ct. Opinion, filed 04/20/2020 [ada], 146 Haw. 354. S.Ct. Order of Corr., filed 04/27/2020 [ada]. ICA s.d.o., filed 04/25/2024 [ada], 154 Haw. 157. Application for Writ of Certiorari, filed 07/30/2024. S.Ct. Order Accepting Application for Writ of Certiorari, filed 09/12/2024 [ada]. (Haw. 2025).

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