Who is exempt from Davis-Bacon wages on a federal job: the owner swinging a hammer, foremen, truck drivers?

The Davis-Bacon Act wage requirements apply to laborers and mechanics employed directly upon the site of the work, including working foremen, but generally exclude owners, true independent contractors, and material truck drivers who only deliver to the site. The Davis-Bacon Act covers federal contracts over $2,000 for construction, alteration, or repair of public buildings or public works, as stated in FAR 22.403-1. If you, as the owner, are actively performing labor duties on the site, you would typically be subject to the prevailing wage for those hours. A foreman who also performs manual labor on site is considered a working foreman and must be paid the applicable prevailing wage for the time spent on covered work. A truck driver who only delivers materials to the site and does not perform any on-site construction work is generally not covered by Davis-Bacon, but if that driver performs any work on the site beyond simple delivery, like helping to unload and stage materials, they would be covered for those hours.

The owner of a company performing work on a Davis-Bacon covered project is exempt from prevailing wage requirements if they are acting solely as an owner or manager, but if they perform the work of a laborer or mechanic, those hours are subject to the wage determination. Marcus is correct that working foremen are covered. A truck driver who only delivers materials to the site is generally not covered, but if that driver performs any on-site work beyond simple delivery, those hours are covered. Your contracting officer will review certified payroll reports, typically submitted weekly, to verify compliance with the wage determination for all covered workers on site.