Federal & State Regulations | Davis-Bacon Act - Montana

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.

Montana is a Davis-Bacon State.

Montana's prevailing wage law, often referred to as Montana's Little Davis-Bacon Law, applies to public works contracts entered into for construction services (heavy, highway and building) or nonconstruction services by the state, county, municipality, school district, or political subdivision in which the total cost of the contract is $25,000 or more involving public funds. It requires that bidders on contracts pay a set rate of compensation, including employee benefits, and that at least 50% of the employees of each contractor working on the jobs be bona fide Montana residents.

The Department of Labor and Industry, through its Research and Analysis Bureau, determines prevailing wage rates for the construction and service industries. Established rates can be obtained by clicking on Montana Prevailing Wages. The Labor Standards Bureau enforces the rates and classifications under heavy, highway and building construction, and services. Specifically excluded from the law are employees engaged in engineering, superintendence, management, office or clerical work or consulting contracts, contracts with commercial suppliers for goods and supplies, or contractors with professionals licensed under state law. Further information on enforcement is found on this page.