Foremen on certified payroll: when a Davis-Bacon foreman must be listed

Yes, a foreman can belong on your certified payroll. If a foreman spends more than 20 percent of the workweek doing manual work, the Department of Labor treats them as a laborer or mechanic for that time. Their pay for that work must meet the prevailing rate. The exception is a foreman who meets the tests for an executive, administrative or professional employee. The rule comes from 29 CFR 5.2 (federal regulation, current text) and the DOL’s Davis-Bacon FAQ (Question 14, 2026 web page).

Who counts as a laborer or mechanic?

Davis-Bacon wages apply to laborers and mechanics. Under 29 CFR 5.2, the term includes at least workers whose duties are manual or physical. That covers people who use tools or perform the work of a trade. Apprentices and helpers are included too.

It does not cover workers whose duties are primarily administrative, executive or clerical rather than manual. The same section says people in a bona fide executive, administrative or professional role, as defined in 29 CFR part 541, are not laborers or mechanics.

So the job title does not decide it. The work the person actually does decides it.

What is the 20 percent rule for foremen?

The DOL’s answer to Question 14 of its FAQ asks whether supervisors such as forepersons are entitled to prevailing wages. In short, a foreperson who devotes more than 20 percent of their time during a workweek to mechanic or laborer duties is a laborer or mechanic for that time. They must be paid at least the applicable prevailing rate for it. This applies only if they do not meet the part 541 tests.

20%of the workweek in manual work, above which a foreperson counts as a laborer or mechanic for that time

DOL Davis-Bacon FAQ, Question 14.

Source dol.gov

Three points follow from that wording:

• The test is applied each workweek, not once for the whole job.
• It covers a foreperson who does not meet the part 541 tests. A foreperson who does meet them is outside the definition.
• Only the time on laborer or mechanic duties is covered. The DOL says the foreperson counts as a laborer or mechanic “for that time.”

Which rate does a foreman get?

Pay the rate for the work actually performed. 29 CFR 5.5(a)(1)(i) says workers must receive the appropriate wage rate and fringe benefits for the classification actually performed. A worker who spends time in more than one classification may be paid the rate for each, but only if the payroll records accurately show the time spent in each.

That last condition matters most for foremen. If a crew lead runs the job for part of a week and installs conduit for the rest, the records need to show which hours were which. If they do not, the rule’s condition is not met, and the split may not hold up.

Check whether your wage determination has a line for the work a foreman does. If it does not, read the determination and the contract closely. If a classification you need is missing, see our guide on Davis-Bacon conformance.

What must the payroll record for a foreman?

The payroll rules do not treat a foreman differently. The DOL’s FAQ Question 28 is about wage survey reporting, but it uses the same 20 percent line: forepersons who spend more than 20 percent of their time in manual labor in a workweek are reported for that week, and those who do not are not required to be reported. For your weekly payroll, read your contract and ask your contracting agency how it wants a foreman shown.

The record-keeping rules are plain. Under 29 CFR 5.5(a)(3)(i), payroll records for each laborer and mechanic must show:

• Name, Social Security number and last known contact details
• The correct classification or classifications of work actually performed
• Hourly pay rates, including the fringe benefit contributions or costs
• Daily and weekly hours worked, in total and on each covered contract
• Deductions
• Actual wages paid

Contractors must submit certified payrolls weekly for each week in which covered work is performed, under paragraph (a)(3)(ii)(A) of the same section. The records must be kept during the work and for at least three years after all work on the prime contract is completed. You can use the DOL’s optional WH-347 form for the weekly report. For how long to keep records, see our retention guide.

How should you handle a mixed week?

Here is one safe way to work through it. The steps are a process, not legal advice.

1. 1Log daily hours by task
2. 2Split supervisory and trade work
3. 3Pick the rate for each class
4. 4Check hours over 40
5. 5Report each class on the payroll

Keep these habits:

1. Track time by task each day. Do not wait until Friday to guess.
2. Decide the split with someone who knows the work. The person who ran the job knows better than the office.
3. Check overtime over the whole workweek. On covered federal contracts over $100,000, laborers and mechanics must be paid at least one and one-half times their regular rate for hours over 40 in a workweek, as the DOL construction contracts page explains. See our overtime guide.
4. Keep the daily records. They are what supports the split if someone asks.

An illustrative example, with made-up numbers: a lead electrician spends 12 of 40 hours on scheduling, ordering and paperwork, and 28 hours pulling wire. The manual share is 70 percent, well above 20 percent. Under the rule above, they would be a laborer or mechanic for that time, and the wire-pulling hours would belong on the payroll at the right rate. Whether any other time counts depends on the part 541 tests and your contract, so ask your advisor.

Where Payrung fits

Payrung is being built to turn your payroll export into submission-ready certified payroll, including hours split across classifications. It is not built yet. Join the waitlist.

This article is general information, not legal or tax advice. Wage and classification rules depend on your contract, wage determination and state, so check them and talk with a qualified professional.