What Are Accepted Fringe Benefits Under Davis-Bacon?

Question: We are going to be starting a very large Davis-Bacon prevailing wage job next week for the U.S. Army Corps of Engineers.  If we pay our techs a per diem amount weekly (for lodging, food, etc.), is that considered part of the fringe benefit package?

Answer: An employer can include traditional benefits such as insurance in the fringe benefits package, but requests for non-traditional benefits must be submitted to the Secretary of Labor for approval. However, “travel and subsistence” are not normally considered bona fide fringe benefits under Davis-Bacon.

DISCLAIMER
This response is intended for general informational purposes only and should not be construed as legal advice or a legal opinion, nor is this column a substitute for formal legal assistance. For help with particular legal needs, members are invited to consult with Brooke Duncan III of Adams and Reese LLP. Mr. Duncan can be reached at 504-585-0220 or by email at brooke.duncan@arlaw.com.

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Melissa Broadus

Director of Member Communications and Committee Liaison at ACCA

Melissa Broadus is publisher of ACCA Now Magazine and its associated websites. She also serves as Director of Member Communications and Committee Liaison for ACCA. She can be contacted at melissa.broadus@acca.org or 703-824-8842.

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