If you or someone you know is in need of assistance, please visit our Help for Texans Page.
Davis-Bacon Labor Standards
HUD-Community Planning & Development (CPD) Programs
Davis-Bacon wage rates apply to HUD-funded projects because of labor provisions contained in Federal Labor Standards Requirements in Housing and Community Development Programs (HUD.gov) such as the U.S. Housing Act of 1937, the National Housing Act, the Housing and Community Development Act of 1974, the National Affordable Housing Act of 1990, and the Native American Housing Assistance and Self-Determination Act of 1996.
These regulations ensure that mechanics and laborers employed by construction work under federally-assisted contracts are paid wages and fringe benefits equal to those that prevail in the locality where the work is performed. For more details on labor standards requirements, review below the Labor Standards Step-By-Step Guide and the TDHCA Pre-Construction Conference Guide.
The Department of Labor (DOL.gov) has published rules and regulations concerning Davis-Bacon and other labor laws in the Wage and Hour Division (WHD) Handy Reference Guide to the Fair Labor Standards Act (DOL.gov).
Davis-Bacon and Related Acts
Covered HUD-Community Planning & Development (CPD) Programs
- HOME – HOME Investment Partnerships Program (www.hud.gov/cpd)
- HOME–ARP – HOME American Rescue Plan Program (https://www.hudexchange.info/programs/home-arp/)
- NSP – Neighborhood Stabilization Program (www.hudexchange.info/nsp/)
- Section 811 Project Rental Assistance (PRA) follows HOME Program Labor Standards, see Section 811 PRA.
Labor Standards CWHSSA Liquidated Damages
The CWHSSA “liquidated damages” penalizes employers for failing to pay laborers and mechanics overtime hours (exceeding 40 per week), at a rate not less than one and one-half times their basic rate. Agencies across the federal government must adjust penalties for inflation each year in January, in accordance with the Contract Work Hours and Safety Standards Act (CWHSSA) under The Federal Civil Penalties Inflation Adjustment Act Improvements Act enacted in 2015. CWHSSA (29 CFR 5.8) falls under the umbrella of the Davis Bacon and Related Acts (DBRA) labor laws that apply to TDHCA federally funded projects that are subject to comply with DBRA.
For the current Maximum Civil Monetary Penalty and more information on the penalty adjustments that update annually under this statute, visit: https://www.dol.gov/whd/govcontracts/cwhssa.htm. See the TDHCA Pre-Construction Conference Guide for instructions.
TDHCA Resources
- Davis-Bacon – Labor Standards Guide (PDF) (updated March 2023)
- Pre-Construction Conference Guide (DOCX) (updated March 2023)
- DOL-347 Payroll and Statement of Compliance Instructions
- Payroll WH-347 Review Tool (XLS)
- Wage Classification Conformance Analysis (XLS)
- Notice of Payroll Violation [SAMPLE]
- Notice of Determination to Assess CWHSSA Liquidated Damages [SAMPLE]
- Notice to Proceed [SAMPLE]
TDHCA Forms
- MF-DB01 Appointment of Labor Standards Officer
- MF-DB02 Employee Payroll Deduction Authorization
- MF-DB03 Owner Authorization of Payroll Signatory
- MF-DB04 Liquidated Remittance
- MF-DB05 Liquidated Summary
- MF-DB06 Final Wage Compliance Report
- MF-DB07 Certification of Construction Completion
Federal Agency Support
- System for Award Management (SAM.gov)
- Wage Determinations (Select Public Building or Works, enter the State, County, and Construction Type)
- US Department of Labor (DOL)
- US Department of Labor – Wage & Hour Division
- WHD Fact Sheets (Filter for Davis-Bacon)
- DBRA Frequently Asked Questions
- Overtime Pay
- Memorandum No. 213 – New Worker Classification Conformance Requirements (Scroll down to AAM 213)
- Davis-Bacon and Related Acts Forms – WH-347 Payroll and SF-144 Authorization for Additional Classification and Wage Rate Request
- Wage and Hour Division (WHD) Work Place Posters
- US Department of Labor – Wage & Hour Division
- Housing Urban Development (HUD)
- HUD Office of Davis-Bacon and Labor Standards
- Labor Relations: Standards and Enforcement Letters
- HUD Handbook 1344.1 REV-2, Chg 2 Federal Labor Standards Requirements in Housing and Community Development Programs
- Agency/Contractor Guide and Contractor Addendum
- Davis-Bacon and Related Forms – HUD-11 Record of Employee Interview (Eng/Sp) and HUD-4010 Federal Labor Standards Contract Provisions