“Look before, or you will find yourself behind.” – Benjamin Franklin

Earlier this month on June 15, 2022, the Department of Labor (“DOL”) published a notice of proposed revisions to the information collection tool entitled “Report of Construction Contractor’s Wage Rates.” More specifically, DOL is revising the WD-10 form which allows construction contractors to report the wages paid to their employees for the purpose of furnishing wage rate data to DOL, and so that DOL can adjust the Davis-Bacon Act (“DBA”) prevailing wage in each locality. 

The DBA is a prevailing wage and fringe benefit act that applies to contracts in excess of $2,000 that have been entered into or funded by the United States government or the District of Columbia. These contracts must be for the purpose of construction, alteration, or repair of public buildings or public works. DOL oversees enforcement of the DBA and has the authority to issue rules and regulations for contractors and subcontractors working on covered projects. DOL is also in charge of collecting local and nationwide wage payment data from construction contractors to facilitate the updating of their Wage Determinations (“WDs”). These updated WDs are furnished to federal contractors so that they understand the wage and fringe benefit rates they are required to pay to their employees working on a covered contract.

The purpose of the WD-10 form is to collect this wage payment data so that they can determine what the prevailing wage rate is in each locality. The form itself asks for information on the contractor and any subcontractor working on the project. It asks for how much each classification of employee is paid and requests information on whether the construction project is subject to a federal or state wage determination. This proposed revision to the WD-10 form comes after the Bipartisan Infrastructure Act, which obligates several billions of dollars of federal funding to modernize the infrastructure of the United States. Since the DBA applies to more contracts entered into or funded by the United States government, previously uncovered projects will likely become covered by the DBA.

There aren’t too many substantive differences between the previous WD-10 and the proposed WD-10. One of the biggest is the difference in the information collected to determine which type of construction is being performed on the project. The new form asks the responder to check a box for either Residential, Building, Highway, or Heavy construction and includes brief descriptions of the different types. The older form allowed the responder to choose out of several more specific building or road types, such as apartments, bicycle paths, dormitory etc. Additionally, they are able to choose the size of the apartment/living facility which allows DOL to determine if the construction type is Residential or Building. The proposed form also asks to specify what type of work is being done by the subcontractor on the project and whether the project value exceeds $2,000.00. The proposed form also has a new directory that lists several different labor classifications with a corresponding numerical code.

The proposed revision does not make many substantive changes, but it places the initial onus on the contractor to classify the type of construction projects, all of which may make it easier on DOL to collect and consolidate the information that they receive. The current WD-10 was last revised in 2015. To view the Notice of Proposed Revision see the Federal Register here: https://www.federalregister.gov/documents/2022/06/15/2022-12918/agency-information-collection-activities-comment-request-report-of-construction-contractors-wage/