Labor Standards

Federal labor standards, or the "Davis-Bacon and Related Acts" (DBRA), apply to HUD-funded projects based on criteria established for each HUD program. For the HOME Program, the DBRA apply to contracts for construction that cover 12 or more HOME-assisted units. For the 542(c) Risk Sharing Program, the DBRA apply if all of the following conditions are met: a) advances for the project are insured under this part; b) the project involves new construction or substantial rehabiliation; and, c) the project will contain 12 or more dwelling units.

When DBRA requirements are triggered for any HUD program they apply not only to the HUD-assisted units, but to all units on the project, including market rate units.Contractors, and subcontractors, on DBRA-covered projects must pay the laborers and mechanics employed under the contract no less than the locally prevailing wages and fringe benefits-as determined by the U.S. Department of Labor-and must submit weekly certified payroll reports. 

The Davis-Bacon Act requires locally prevailing wages to be paid to laborers and mechanics. The "Related Acts" are: 1)the Contract Work Hours and Safety Standards Act (CWHSSA), which requires time-and-a-half pay for overtime hours (over 40 in any workweek) worked on a covered project; 2) the Copeland Act, which makes it a crime to require employees to kickback any part of their wages; and 3) the Fair Labor Standards Act (FLSA), which contains federal minimum-wage rates, overtime and child labor requirements.

Developers, owners, and/or general contractors on DBRA-covered projects should utilize the fact sheet and manual below, and contact MFA's Labor Standards Officer early in the development process, in order to ensure compliance.

Fact Sheet: DBRA Applicability and Requirements PDF

Manual: Labor Standards Compliance Manual Word

1. HUD Office of Labor Relations Forms Web
2. Prevailing Wage Rates Online Web
3. Certified Payroll Form WH-347 PDF
4. Instructions for completing WH-347 Web
5. Davis-Bacon Contract Provisions (HUD 4010) PDF
6. Poster for Display at Construction Site English Spanish
7. Making Davis Bacon Work: A Contractor's Guide PDF
8. Start of Work Notice Word
9. Termination of Work Notice Word