The Department of Labor has published a final regulation effectively eliminating helpers as a classification on Davis-Bacon work. The regulation will allow the use of helpers "only where (1) their duties are clearly defined and distinct from those of journeyworker and laborer classifications in the area; (2) the use of such helpers is an established prevailing practice in the area; and (3) the term 'helper' is not synonymous with 'trainee' in an informal training program."
ABC criticized the rule when it was proposed in 1999, stating that rule erroneous, arbitrary and capricious and not supported by substantial evidence, and that by denying recognition to a classification of workers which clearly prevails in the industry, the Department is violating the mandate of the Davis-Bacon Act. By publishing the rule, DOL has chosen to ignore data from pilot surveys of construction wages taken by the Bureau of Labor Statistics, which indicated that up to thirteen percent of employees at surveyed construction sites were helpers. ABC is currently considering its available options to challenge the final rule.
Read the Helpers Final Regulation, published by Department of Labor.
Read the ABC Issue Brief on Helpers.