29 C.F.R. § 5.30
§ 5.30 Types of wage determinations. (29 CFR Part 5)
Operative Text
(a) When fringe benefits are prevailing for various classes of laborers and mechanics in the area of proposed construction, such benefits are includable in any Davis-Bacon wage determination. The examples contained in paragraph (c) of this section demonstrate how fringe benefits may be listed on wage determinations in such cases. (b) Wage determinations do not include fringe benefits for various classes of laborers and mechanics whenever such benefits do not prevail in the area of proposed construction. When this occurs, the wage determination will contain only the basic hourly rates of pay which are prevailing for the various classes of laborers and mechanics. An illustration of this situation is contained in paragraph (c) of this section. (c) The following illustrates examples of the situations discussed in paragraph (a) and (b) of this section:
Under 29 CFR Part 5 § 5.30, Davis-Bacon wage determinations come in two forms depending on local labor market conditions. When fringe benefits—such as health insurance or pension contributions—are found to prevail in the area where construction will occur, those benefits are incorporated into the wage determination alongside base pay rates. When fringe benefits do not prevail in that area, the wage determination lists only the basic hourly rates applicable to each class of laborer or mechanic.
Plain English — not legal advice.
Although 29 CFR Part 5 § 5.30 is a federal prevailing wage rule rather than a residential rent regulation, property owners and developers who undertake federally funded or assisted construction projects should be aware that the applicable wage determination may or may not include fringe benefit components. Compliant operators typically review the posted wage determination for the specific project area before work begins to confirm whether they must account for fringe benefits in addition to base hourly wages. Keeping records of the applicable wage determination and how workers are compensated under it is a standard practice for maintaining compliance.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
For tenants living in or near federally assisted housing developments, 29 CFR Part 5 § 5.30 establishes that workers on covered construction projects must be paid according to a wage determination that reflects local prevailing conditions, which may include fringe benefits. If workers on such a project believe the posted wage determination has not been properly applied, they can raise that concern with the contracting agency overseeing the project or contact the U.S. Department of Labor's Wage and Hour Division. Tenant-rights and worker-advocacy organizations can also help individuals understand how this provision interacts with broader housing and labor protections.
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.
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