AGC Requests Further Clarification of Guidance on Application of Davis-Bacon to Survey Crews

Amidst confusion among contractors and other parties, AGC has formally requested that the U.S. Department of Labor’s Wage and Hour Division (WHD) further clarify the application of the Davis-Bacon Act to Survey Crews.  The request is in response to WHD’s March 2013 issuance of All-Agency Memorandum 212 (AAM 212).  The guidance states that “survey crew members who perform primarily physical and/or manual work immediately prior to or during actual construction, and in direct support of construction crews, will be considered laborers or mechanics when employed on the site of work.” AGC's letter explains that while the organization as a whole does not interpret AAM 212 as imposing new requirements on construction contractors, some contractors and other impacted organizations do.  As a result, AGC requests that WHD withdraw AAM 212 and work with the contractor community to develop a revised version.  The letter also advised WHD that the revised version should clarify that there is no presumption of coverage of survey crews as well as clarify any new information that contractors will be expected to collect, maintain and provide in the event of an audit. For a summary of AAM 212, click here.  For additional resources on the Davis-Bacon Act, visit AGC Labor & HR Topical Resources webpage. The primary category is “Compensation” and the secondary category is “Davis-Bacon Act.”