Compliance Made Simple: Navigate Davis-Bacon Apprenticeship Rules Like a Pro

The Davis-Bacon Act, which applies to federally funded or assisted construction projects, does not specifically outline apprenticeship requirements. However, the U.S. Department of Labor (DOL) may issue apprenticeship regulations and standards separately.

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Apprenticeship Must Comply with Prevailing Wage Rates

When apprentices are employed on Davis-Bacon projects, their wages must comply with the prevailing wage rates for the classification of work they perform, as determined by the Secretary of Labor.

Consult Applicable Wage Determination for Apprenticeship

It’s important to note that the specific requirements for apprenticeship programs on Davis-Bacon jobs may vary, and contractors should consult the applicable wage determination and any additional regulations issued by the DOL or other relevant authorities. Contractors are generally encouraged to engage in apprenticeship programs to promote workforce development and provide training opportunities, but the specific details may be governed by state or local laws and the rules of the apprenticeship program itself.

Apprenticeship Requirements

Apprentices can work on jobs that have Davis Bacon and Related Acts (DBRA) requirements, as long as they are employed and individually registered in an apprenticeship program through one of the following agencies:

• U.S. Department of Labor (DOL)
• Employment and Training Administration
• Bureau of Apprenticeship and Training
• A state apprenticeship agency

Employees that are properly certified to be on a 90-day probationary employment period as apprentices are also eligible to work on DBRA jobs.

Apprentices and trainees registered in approved programs are the only workers who can be paid less than the prevailing wage rate for their craft on DBRA jobs. However, they must be paid based on a wage schedule in an approved program, which is normally a percentage of the prevailing wage rate for a journeyman. Private apprentice rates and federal Davis Bacon apprentice rates should be compared to each other — it is often recommended to pay the higher of the two rates.  

Prevailing Wage Notes

If apprentices do not get properly registered based on the guidelines of a program or there is a higher ratio of apprentices to journeymen on a job site, they must be paid the applicable prevailing wage for the work they perform. A “pre-apprentice” who is not registered in an approved program for a probationary apprenticeship is not considered to be an “apprentice” and must be paid the full journeyman’s rate on the wage decision for the classification of work they perform.

Are there mandatory apprenticeship requirements for Davis Bacon jobs?

While there isn’t a compulsory obligation to employ apprentices on Federal Davis-Bacon jobs, it’s essential to recognize that state prevailing wage laws may introduce additional stipulations. For example, in California, contractors are mandated to engage apprentices for contracts exceeding $30,000, unless the specific craft or trade involved does not necessitate the utilization of apprentices.

These state-specific nuances underscore the importance of staying informed about regional regulations that may influence apprenticeship requirements, ensuring comprehensive compliance with both federal and state standards in the realm of prevailing wage laws.

Learn more about the Davis Bacon requirements

At eBacon, we make sure our clients and our services are always up to date on the latest prevailing wage laws, including the Davis Bacon Act. Reach out to us today for a free consultation to see how you can stay compliant and save money.

The material presented here is educational in nature and is not intended to be, nor should be relied upon, as legal or financial advice. Please consult with an attorney or financial professional for advice.