DOL looks to update regulations under the Davis-Bacon Act

Key Takeaways

Last Friday, the U.S. Department of Labor (DOL) announced the publication of a Notice of Proposed Rulemaking for updated regulations of the Davis-Bacon and Related Acts.

The Davis-Bacon Act, originally passed in 1931, sets prevailing wages that contractors must pay workers on federal projects. The regulations apply to each federal government or District of Columbia contract in excess of $2,000 for the construction, alteration, or repair (including painting and decorating) of public buildings or public works. Davis-Bacon wage determinations are published on the System for Award Management (SAM) website, and are determined based on wages paid to various classes of laborers and mechanics employed on specific types of construction projects in an area. The requirements impact $217 billion in federal spending annually and 1.2 million construction workers, according to DOL estimates.

The updated regulations DOL is proposing would be the most comprehensive update they have done since the early 1980s. The new regulations would have a significant effect on the Bipartisan Infrastructure Law that expanded the types of projects that are subjected to the prevailing wage standards under Davis-Bacon.

NACo will continue to monitor the proposed changes to the Davis Bacon Act, provide a more detailed analysis in the upcoming weeks, and ensure the important role that county’s play in infrastructure development and investments is considered in the proposed rulemaking.