Federal & State Regulations | Davis-Bacon Act - Kentucky

State Info

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.

Kentucky is what is called a “fringe benefit state.” This means that the employer can receive credit for costs related to fringe benefits for employees up to the total fringe benefit total on a wage determination. Using the fringe benefit total, the benefits employees receive are left up to the employer.

Repeal of Kentucky’s Prevailing Wage

Effective January 7, 2017, H.B. 3 repealed Kentucky’s prevailing wage statutes. Key provisions of the bill include:

Only Kentucky’s statutes pertaining to state prevailing wage requirements were repealed. This includes prevailing wage requirements for public works projects, including highway construction projects that are funded entirely with state and/or local funds.
- Note: Federal laws that require the payment of prevailing wages on federally funded public works are still in effect.
Repeal of prevailing wage requirements applies to public work projects for which bids had not been awarded as of the effective date of the Act, January 7, 2017. Projects that were subject to the prevailing wage before January 7, 2017 must continue to pay prevailing wage rates.