Davis-Bacon poster: how to post the WH-1321 and wage determination
On a Davis-Bacon job, the wage determination and the Davis-Bacon poster (form WH-1321) must be posted at the work site. The Department of Labor’s rule at 29 CFR 5.5(a)(1)(i) says they must be posted “at all times” by the contractor and its subcontractors, in a prominent and accessible place where workers can easily see them. This guide explains who has to post, where to put it, and what to check so a site visit does not turn into a problem.
Who has to post the wage determination and poster?
Both the prime contractor and every subcontractor. The Department of Labor says in its Davis-Bacon FAQ that the wage determination and the WH-1321 poster must be posted at all times “by the contractor and its subcontractors at the site of the work.”
That means your specialty crew cannot assume the general contractor has it covered. If your workers are on the site, the posting rule applies to you as well. The labor clauses also flow down. Under 29 CFR 5.5(a)(6), the contractor or subcontractor must insert the required clauses in its subcontracts, and subcontractors must pass them to lower tiers.
What exactly goes on the wall?
Two things:
- The wage determination that applies to the contract, including any approved additional classifications and rates.
- The WH-1321 poster. The FAQ describes it as the Davis-Bacon poster, and says it is free from offices of the Wage and Hour Division.
The federal acquisition rules add detail for contracts that follow them. FAR 22.404-10 says the contracting officer furnishes Form WH-1321 to the contractor. It also says the poster must show the name, address and telephone number of the government officer responsible for the contract, so workers know where to send complaints. Check that the poster shows those details before you hang it, and ask the prime contractor if it does not.
If your job has a conformed classification, post that too. Our guide to Davis-Bacon conformance explains how a trade that is not listed gets added.
- 1Get the contract's wage determination
- 2Get the WH-1321 poster
- 3Check the agency contact details
- 4Post both where workers can see them
- 5Check they are still up
Illustrative checklist based on the posting rule, not an official form.
Where should it be posted?
The rule says “at the site of the work in a prominent and accessible place where it can be easily seen by the workers.” Read that plainly. A binder in the office is unlikely to meet it. A copy in a locked truck is unlikely to meet it either.
Think about how your crew actually arrives. A break area, a job trailer entrance that workers use, or a gate board could work. Pick a spot every worker passes, in daylight, and not behind a locked door. If your people work in several areas of a big site, ask the prime contractor or your attorney how to handle it. The rule does not give a map, so use judgment and keep it visible.
What if the poster is missing from a site?
The DOL FAQ has a line for workers. In the absence of posted information, anyone who wants to know whether the project is covered can contact the federal agency funding the work or the Wage and Hour Division.
So a missing poster does more than break a rule. It sends your workers to the government to ask questions you could have answered on the wall.
What if the rates change during the job?
Check your contract. The wage determination is made part of the contract by 29 CFR 5.5(a)(1)(i), and that is the version you must pay and post. If the contracting agency gives you a modification, or approves a conformed rate, ask which version applies and when. Then replace the posted copy and update your payroll setup.
Rates on the wall and rates on your certified payroll should match. If they do not, a worker who reads the posting may spot the gap before an auditor does. See how to read a Davis-Bacon wage determination for where each number comes from, and our WH-347 guide for the report itself.
How can you keep this from slipping?
Posting is an easy rule to miss because it is not on any weekly form. A few habits help:
- Add “poster and wage determination posted” to your job start checklist.
- Assign one person per site to check it each week.
- Take a dated photo when you post it. Keep the photo with the job file.
- Use a weatherproof holder on outdoor sites.
- Replace the copy any time the agency issues a change.
- Check the agency contact details on the poster before it goes up.
- Tell new foremen where the posting is, so they can point workers to it and keep it in place.
None of these steps is required by the rule itself. They are habits that make it easier to show you did the work.
Does this apply to private or state jobs?
Only to jobs covered by Davis-Bacon or related acts. State prevailing wage laws may have their own posting rules, and they can differ from the federal one. A job can be covered by both, so check each. Read our guide to state prevailing wage vs Davis-Bacon and check the state agency’s website for the notice it wants.
Where Payrung fits
Payrung is being built to turn your payroll export into submission-ready certified payroll, with the wage determination rates carried through from one place so the report and your job file stay consistent. It is not built yet. Join the waitlist.
This article is general information, not legal advice. Posting and prevailing wage rules depend on your contract and your state, so check your contract documents and talk with a qualified professional.