Published date: 06/12/2025
Aliecia Taormina, CCEP, MCA has over 20 years of experience in construction (including a role as a Senior Compliance Manager of a Fortune 300 contractor), accumulating extensive prevailing wage and Davis-Bacon knowledge over her career
Question
Are Davis Bacon rates only for when work is done on the actual project site? We do most of our work in our warehouse offsite.
Answer: Great question! And one that has been under review lately. Under the Davis-Bacon Act (DBA), prevailing wage requirements generally apply to laborers and mechanics working “directly upon the site of the work.” This includes the physical location where construction, alteration, or repair is carried out, along with sites that are virtually adjacent to the construction site. However, there are important nuances when it comes to offsite work, such as activities performed in a warehouse.
According to the Department of Labor’s guidance and reinforced in internal resources like the DBA Prevailing Wage Resource Book 04.2024, the key distinction lies in whether the offsite work is considered “incidental” or “integral” to the construction project
Here’s how it breaks down:
- Covered Work (Subject to DBA): If the offsite warehouse work involves fabricating or assembling materials specifically and exclusively for the covered project, and those items are not stockpiled for general use, then DBA rates may apply. This is especially true if the work is tightly integrated with the construction timeline or if the warehouse is considered a “dedicated facility” for the project.
- Non-Covered Work (Not Subject to DBA): If the warehouse activities are general in nature—such as storing, staging, or preparing materials for multiple projects—and not directly tied to the construction site or scope, then DBA rates typically do not apply. When a warehouse is a permanent establishment whose locations and continuance in operation are determined wholly without regard to the project.
For your specific case—where most work is done in a warehouse offsite—it’s important to assess whether that work is:
The warehouse is dedicated to the project, and integral to the construction process.
If both are true, DBA rates may be required. If not, the work may fall outside the scope of DBA coverage.
Question
Do I need to submit payrolls for my truck drivers? They are just drivers who spend 30 minutes on site and do not unload the trucks themselves.
Answer: If only we had a nickel for every time we got a question about trucking…Understandably, there’s often much confusion on the topic. Here’s the deal: determining whether truck drivers must be included on certified payroll depends on the nature of their work and where it occurs. Based on guidance from the U.S. Department of Labor compliance training materials like Davis-Bacon Act here’s how the rule generally applies:
When Truck Drivers Are Not Covered:
- If the driver is only delivering materials to the site and does not perform any construction-related tasks (e.g., unloading, installation, or equipment operation), and
- If the time spent on the site is brief or incidental (commonly interpreted as “de minimis,”),
- Then they are not subject to Davis-Bacon prevailing wage requirements, and you do not need to include them on certified payrolls
When Truck Drivers Are Covered:
- If the driver spends significant time on the site, or
- If they perform any construction-related duties (e.g., unloading materials, operating equipment, or assisting with installation),
- Then they must be reported on CPRs and paid the applicable prevailing wage rate for the time spent on covered work
Question
I worked as a subcontractor with an agreement to be paid weekly, including prevailing wage and tax differences. We were removed from the job and the contractor refused to pay me and my crew for the last 32 hours. What can we do?
Answer: If a contractor refuses to pay you and your crew for hours worked, you have a few options. First, consider consulting a labor attorney who can advise you based on the specifics of your agreement and local laws. You can also file a complaint with the U.S. Department of Labor’s Wage and Hour Division (WHD), which enforces federal labor standards including prevailing wage laws.
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These materials are being issued with the understanding that LCPtracker is not engaged in rendering legal or other professional services and is providing these for informational purposes only. If legal, accounting, or tax expert assistance is required, the services of a competent legal, accounting or tax professional should be sought.
