In response to an , the U.S. Department of Labor’s Wage and Hour Division (WHD) has provided clarification on the application of the Davis-Bacon Act to survey crew workers. Due to widespread confusion among construction contractors, AGC’s letter requested a withdrawal and reissuance of All Agency Memorandum (AAM) 212. The AAM, regarding the application of the Davis-Bacon Act to survey crews, was issued by WHD on March 23, 2013.
While it did not withdraw and reissue the AAM, WHD provided clarification and additional guidance for determining which members of surveys crews are to be considered laborers and mechanics, and therefore, covered by the Davis-Bacon Act. According to the letter, survey crew members are considered laborers and mechanics and are covered by the Davis-Bacon Act on covered projects when they:
- Perform primarily physical and/or manual duties (50% or more is considered primary);
- Perform this work while employed by a contractor or subcontractor;
- Perform this work immediately prior to or during actual construction;
- Perform this work in direct support of construction crews; and
- Perform this work on the “site of the work.”
- Surveying work is performed during the design phase in which construction projects are envisioned and engineering plans are developed by architectural and engineering firms;
- Survey crew members are not employed by a construction contractor or subcontractor; or when the worker is exempt under Sec. 541 of the Fair Labor Standards Act.