Davis-Bacon Act - Delaware

Summary of differences between federal and state regulations

Numerous states follow the federal Davis-Bacon regulations for their construction projects. Other states have used the federal Davis-Bacon Act to develop their own set of rules. Usually the state act is called the Little Davis-Bacon Act. How closely the state rules follow the Federal requirements vary from state-to-state.

Delaware is a Davis-Bacon State.

The Delaware Little Davis-Bacon Act is an act which affects prime contractors and subcontractors who work on state or political subdivision construction contracts which exceed $2,000. This law protects construction workers such as carpenters, plumbers, power equipment operators, laborers, etc. Covered workers must receive at least prevailing wage rates and fringe benefits for similar work in the same locality.

The Delaware Department of Labor establishes and enforces the payment of wage rates for laborers and mechanics employed on state-funded construction projects.

Prevailing rates must be paid on new construction projects costing more than $500,000 and on alteration, repair, renovation, rehabilitation, demolition or reconstruction projects costing more than $45,000. For a project to be covered by the law, the State or any subdivision thereof must be a party to the publics’ works contract; and, the State must have appropriated any part of the funds.

The Department of Labor determines the classification of workers and the type of construction on state-funded construction projects. Wage rates are established by an annual survey conducted by the Department.

State

Contact

Delaware Department of Labor, Office of Labor Law Enforcement

Regulations

Pursuant to 29 Del.C. §8503(7), the Department of Labor, State of Delaware, hereby promulgates the following rules and regulations to implement the provisions of 29 Del.C. §6960.

Federal

Contact

Wage and Hour Division, Employment Standards Administration, Department of Labor

Regulations

29 CFR 1, 3, 5, 6 and 7; 48 CFR 22