BenefitsLink > Q&A Columns >
Answers are provided by Amy Cavanaugh
(Posted March 10, 2004)
Question 29: If I am part owner of the company that is doing a government job, am I exempt as an employee from payment to me of the prevailing wages otherwise required by the Davis-Bacon Act?
Answer: No. The Davis-Bacon Act applies to all mechanics and laborers employed on a job site; there is no exemption for owners of a company or family members who are mechanics or laborers. The Act does not apply to workers (including owners) whose duties are primarily administrative, executive or clerical. (With respect to a foreman, if the foreman devotes more than 20% of his or her time during a workweek to labor or mechanical duties, he or she will be considered a laborer or mechanic for the time so spent.)
Answers are provided as general guidance on the subjects covered in the question and are not provided as legal advice
to the questioner or to readers. Any legal issues should be reviewed by your legal counsel to apply the
law to the particular facts of this and similar situations.
The law in this area changes frequently. Answers are believed to be correct as of the posting dates shown. The completeness
or accuracy of a particular answer may be affected by changes in the law (statutes, regulations, rulings, court decisions, etc.)
that occur after the date on which a particular Q&A is posted.
Copyright 2003-2008 Amy Cavanaugh