29 C.F.R. § 5.22
§ 5.22 Effect of the Davis-Bacon fringe benefits provisions. (29 CFR Part 5)
Operative Text
The Davis-Bacon Act and the prevailing wage provisions of the statutes referenced in § 1.1 of this subtitle confer upon the Secretary of Labor the authority to predetermine, as minimum wages, those wage rates found to be prevailing for corresponding classes of laborers and mechanics employed on projects of a character similar to the contract work in the area in which the work is to be performed. See the definitions of the terms “prevailing wage” and “area” in § 1.2 of this subtitle. The fringe benefits amendments enlarge the scope of this authority by including certain bona fide fringe benefits within the meaning of the terms “wages”, “scale of wages”, “wage rates”, “minimum wages”, and “prevailing wages”, as used in the Davis-Bacon Act.
Under 29 CFR Part 5 § 5.22, the Davis-Bacon Act gives the Secretary of Labor the power to set minimum wage rates that reflect what workers in a given area are actually being paid for similar construction work. The fringe benefits amendments expanded this framework so that qualifying benefits—such as health insurance or pension contributions—count as part of those prevailing wage calculations, not just hourly pay. This means the legally required 'prevailing wage' on covered federal contracts can include both cash wages and certain non-cash compensation.
Plain English — not legal advice.
Contractors and subcontractors working on federally covered projects should understand that under § 5.22, compliance with prevailing wage requirements means accounting for both base hourly rates and bona fide fringe benefits as determined by the Secretary of Labor. A compliant operator typically reviews the wage determination attached to the contract to confirm that total compensation—cash wages plus any qualifying fringe benefits—meets the predetermined minimums for each worker classification. Keeping detailed payroll records that separately document wages and fringe benefit contributions is a standard practice for demonstrating compliance.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
While § 5.22 primarily governs federal construction contracting rather than residential tenancy, workers employed on covered projects have a right to receive the full prevailing wage, which under this provision includes both hourly pay and qualifying fringe benefits. Workers who believe their compensation falls short of the predetermined minimums can file a complaint with the U.S. Department of Labor's Wage and Hour Division, which administers Davis-Bacon Act requirements. Tenant-rights organizations or worker advocacy groups may also be able to point workers toward additional resources.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 4, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
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