Deciphering the New Scope of Consideration in Davis-Bacon Act Wage Determinations

The Davis-Bacon Act, a cornerstone of labor law in the United States, has recently undergone significant revisions, particularly in the realm of wage determinations. One of the most notable changes pertains to the "scope of consideration" for wage determinations. This article delves into these changes to provide clarity for stakeholders involved.

Defining the Area for Wage Data:

Historically, the primary area from which wage data was drawn for determinations was the county. However, the revised guidelines now specify that the county remains the primary focus unless there isn't enough current wage data available.

The term "current wage data" refers to data on wages paid on projects that are either ongoing or were under construction no more than a year prior to the beginning of the survey or the request for a wage determination.

Expanding the Scope Beyond the County:

If the county doesn't have sufficient current wage data, the scope can be expanded to include surrounding counties.

In cases where even surrounding counties lack adequate data, the Administrator has the discretion to consider wage data from similar construction activities in comparable counties or groups of counties within the state. If necessary, they can even resort to statewide data.

Considering Older Projects:

If there's a lack of sufficient current statewide wage data, the guidelines now allow for the consideration of wages paid on projects that were completed more than a year prior to the beginning of the survey or the request for a wage determination.

Clarifying the Role of Helpers and Apprentices:

The revised guidelines also touch upon the role of "helpers and apprentices," stating that their use is permitted in line with part 5 of the subtitle.

These changes reflect a more flexible and comprehensive approach to wage determinations under the Davis-Bacon Act. By allowing for a broader scope of consideration, the Act ensures that wage determinations are based on the most relevant and current data available, even if it means looking beyond the immediate county.

The revised "scope of consideration" in the Davis-Bacon Act's wage determinations aims to provide a more accurate representation of wage standards in the construction industry. By expanding the sources of wage data and providing clear guidelines on where to draw this data from, the Act ensures that workers are compensated fairly based on the prevailing wages in their region or state.