[Code of Federal Regulations]
[Title 29, Volume 3]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR778.6]

[Page 359-360]
 
                             TITLE 29--LABOR
 
         CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR
 
PART 778_OVERTIME COMPENSATION--Table of Contents
 
                    Subpart A_General Considerations
 
Sec. 778.6  Effect of Davis-Bacon Act.

    Section 1 of the Davis-Bacon Act (46 Stat. 1494, as amended; 40 
U.S.C. 276a) provides for the inclusion of certain fringe benefits in 
the prevailing wages that are predetermined by the Secretary of Labor, 
under that Act and related statutes, as minimum wages for laborers and 
mechanics employed by contractors and subcontractors performing 
construction activity on Federal and federally assisted projects. 
Laborers and mechanics performing work subject to such predetermined 
minimum wages may, if they work overtime, be subject to overtime 
compensation provisions of other laws which may apply concurrently to 
them, including the Fair Labor Standards Act. In view of this fact, 
specific provision was made in the Davis-Bacon Act for the treatment of 
such predetermined fringe benefits in the computation of overtime 
compensation under other applicable statutes including the Fair Labor 
Standards Act. The application

[[Page 360]]

of this provision is discussed in Sec. 5.32 of this title, which should 
be considered together with the interpretations in this part 778 in 
determining any overtime compensation payable under the Fair Labor 
Standards Act to such laborers and mechanics in any workweek when they 
are subject to fringe benefit wage determinations under the Davis-Bacon 
and related acts.