What You Need to Know About the New Davis-Bacon Rules-What You Need to Know About the New Davis-Bacon Rules Recording

Video Transcription

Video Summary

In this detailed webinar, labor law expert Andy Martone addresses the recent updates to the Davis-Bacon Act as of October 23, 2023. The 812-page rule revision clarifies and expands Davis-Bacon coverage, emphasizing that prevailing wages must be paid to mechanics and laborers performing manual, physical work onsite where construction occurs or will remain. A significant focus is on survey workers, historically disputed under Davis-Bacon, now more clearly defined: those performing manual surveying tasks immediately prior to or during construction in direct support of the construction crews are covered. Licensing or professional status alone does not exempt workers; only if they meet the “learned professional” exemption through advanced academic training and specialized knowledge are they excluded.<br /><br />Martone highlights key concepts including the case-by-case factual evaluation of each worker’s duties—manual job function, time spent, and proximity to construction—determines coverage. The new rules also define subcontractors broadly as any party responsible for performing part of a covered contract, regardless of contract type. Employers must pay prevailing wages and fringe benefits as a package and must submit certified payroll weekly for covered workers. Time spent waiting or on breaks onsite counts as covered time.<br /><br />Several practical and legal ambiguities remain, including defining “immediately prior,” handling mixed projects with covered/non-covered work, off-site survey work exclusions, and contractor vs. owner contracts. The Department of Labor has yet to finalize enforcement interpretations, leading to ongoing litigation challenging aspects of the rule. Best practices include precise time tracking, avoiding mixing covered and non-covered workers, reading contracts carefully for Davis-Bacon references, and seeking clarifications from the DOL when classifications are unclear. The session also covers state-specific issues (e.g., Illinois) and apprenticeships under approved programs.<br /><br />In summary, the new rule broadens Davis-Bacon’s scope to include many survey workers and increases compliance demands, making understanding and applying these standards critical for employers engaged in federally funded construction projects.

Keywords

Davis-Bacon Act

prevailing wage

survey workers

manual labor

construction coverage

learned professional exemption

subcontractors

certified payroll

Department of Labor enforcement

apprenticeship programs