DOL Issues Final Rule to Modernize Davis-Bacon Act
Published August 23, 2023
The U.S. Department of Labor (DOL) issued a
final rule that
updates the Davis-Bacon and Related Acts (DBRA) regulations intended
to reflect better the needs of construction workers on federal
construction investments.
The final rule provides greater clarity and enhances the DBRA
regulations’ effectiveness in the modern economy. The updates
strengthen and streamline the process for setting and enforcing wage
rates on federally funded construction projects to make sure that
federal government infrastructure investments are also investments in
U.S. workers.
The final rule's regulatory changes include:
- Creating
new efficiencies in the prevailing wage update system and making sure
prevailing wage rates keep up with actual wages which, over time, would
mean higher wages for workers;
- Returning to the definition
of “prevailing wage” used from 1935 to 1983 to ensure prevailing wages
reflect actual wages paid to workers in the local community;
- Periodically updating prevailing wage rates to address out-of-date wage determinations;
- Providing broader authority to adopt state or local wage determinations when certain criteria are met;
- Issuing supplemental rates for key job classifications when no survey data exists;
- Updating the regulatory language to better reflect modern construction practices; and
- Strengthening worker protections and enforcement, including debarment and anti-retaliation provisions.
The final rule is effective October 23, 2023.
Additional Information
- News Release
- Frequently Asked Questions
- DBRA Comparison Charts (existing
regulations and this final rule in the following categories: Prevailing
Wages, Wage Determinations, Definitions, Compliance Principles
and Enforcement)
- Webinar Registration Link (scheduled for September 13 and 14, 2023)