29 C.F.R. § 5.20
§ 5.20 Scope and significance of this subpart. (29 CFR Part 5)
Operative Text
The 1964 amendments (Pub. L. 88-349) to the Davis-Bacon Act require, among other things, that the prevailing wage determined for Federal and federally assisted construction include the basic hourly rate of pay and the amount contributed by the contractor or subcontractor for certain fringe benefits (or the cost to them of such benefits). The purpose of this subpart is to explain the provisions of these amendments and make available in one place official interpretations of the fringe benefits provisions of the Davis-Bacon Act. These interpretations will guide the Department of Labor in carrying out its responsibilities under these provisions. These interpretations are intended also to provide guidance to contractors and their associations; laborers and mechanics and their organizations; and local, State, and Federal agencies. The interpretations contained in this subpart are authoritative and may be relied upon as provided for in section 10 of the Portal-to-Portal Act of 1947 (29 U.S.C. 259). The omission to discuss a particular problem in this subpart or in interpretations supplementing it should not be taken to indicate the adoption of any position by the Secretary of Labor with respect to such problem or to constitute an administrative interpretation, practice, or enforcement policy. Questions on matters not fully covered by this subpart may be referred to the Secretary for interpretation as provided in § 5.13.
Under § 5.20, the 1964 amendments to the Davis-Bacon Act expanded the definition of 'prevailing wage' on federal and federally assisted construction projects to include both base hourly pay and certain contractor-paid fringe benefits. This subpart consolidates the Department of Labor's official, authoritative interpretations of those fringe-benefit provisions, which may be relied upon under the Portal-to-Portal Act of 1947. Gaps in the subpart's coverage do not signal any official policy position, and unresolved questions can be referred to the Secretary of Labor under § 5.13.
Plain English — not legal advice.
Although § 5.20 is directed at construction contractors rather than residential landlords, property owners involved in federally assisted construction projects should be aware that prevailing-wage obligations under the Davis-Bacon Act extend beyond base hourly wages to include qualifying fringe benefits. Compliant operators on covered projects generally document both wage rates and fringe-benefit contributions to satisfy Department of Labor requirements. When a situation is not addressed by the subpart's interpretations, § 5.13 provides a pathway to seek formal guidance from the Secretary of Labor.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
For laborers and mechanics working on federal or federally assisted construction, § 5.20 establishes that the authoritative interpretations of Davis-Bacon fringe-benefit requirements are consolidated in this subpart and carry official weight under the Portal-to-Portal Act of 1947. Workers who believe their fringe benefits or base wages fall short of prevailing-wage requirements may raise that concern with their union or worker organization, or file a complaint with the Department of Labor. Where a specific situation is not addressed by § 5.20's interpretations, workers or their representatives can seek further guidance through the referral process described in § 5.13.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 4, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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