In effect, the final rule reaffirmed Departmental practice of the 1970s: the issue had come full circle. As the Davis-Bacon Act has been implemented by the Secretary of Labor, the Department has recognized apprentices and trainees in formal programs as a classification of workers for wage rate purposes. Helpers Under Davis-Bacon: The Context of the Issue

The Davis-Bacon Act (1931, as amended) requires that the "advertised specifications" for construction contracts in excess of $2,000 to which the government of the United States or of the District of Columbia is a party:
... shall contain a provision stating the minimum wages to be paid various classes of laborers and mechanics which shall be based upon the wages that will be determined by the Secretary of Labor to be prevailing for the corresponding classes of laborers and mechanics employed on projects of a character similar to the contract work in the city, town, village, or other civil subdivision of the State in which the work is to be performed.... (Emphasis added.) In mid-January 1981, as the Carter Administration was drawing to a close, a final rule was published. The Reagan Administration Regulations (1981 ff.) Legislative Initiatives of the 104th Congress

Through the years, Congress had sought to modify the Davis-Bacon Act through amendments to program legislation and through the appropriations process, as well as through free standing legislation—or, simply, to repeal the statute. The final rule (effective January 19, 2001), provides
(4) A distinct classification of "helper" will be issued in wage determinations applicable to work performed on construction projects covered by the labor standards provisions of the Davis-Bacon and Related Acts only where:
(i) The duties of the helper are clearly defined and distinct from those of any other classification on the wage determination;
(ii) The use of such helpers is an established prevailing practice in the area; and
(iii) The helper is not employed as a trainee in an informal training program. The Carter regulations were withdrawn and, in 1981, new regulations were proposed. Portions of the proposed rule won court approval and, through the years, were implemented. When the Associated Builders and Contractors sought a court order for enforcement of the regulation (summer 1996), the Department reopened the rulemaking process and, in December 1996, suspended implementation of the regulation until further notice. Congress had followed the administrative proposals dealing with the "helper" issue.
The Davis-Bacon Act of 1931, as amended, requires that not less than the locally prevailing wage (not necessarily the union rate) be paid to workers engaged in contract construction work to which the government of the United States or of the District of Columbia is a party. The coverage threshold is $2,000.
Under Davis-Bacon, the Secretary of Labor makes wage rate determinations for "the various classes of laborers and mechanics" employed on covered work. The Secretary has, through regulation, recognized apprentices and trainees, registered in formal programs, as special categories and allowed a special reduced wage for these workers. Some contractors, however, have created yet another category of worker: i.e., "helpers." These may be informal trainees, or they may simply be general utility workers employed outside of a craft classification. These workers are most often not recognized as a separate category for wage rate determination purposes.
Through the years, the Department of Labor (DOL) had rigorously adhered to this general worker classification system as necessary to assure that not less than the locally prevailing rate would be paid to "the various classes of laborers and mechanics" on a project. Were helpers indiscriminately substituted for journeymen or laborers, DOL holds, wage rates would be depressed and the intent of Congress in crafting the Davis-Bacon Act would be subverted.
In 1979, the Carter Administration began a general review of Davis-Bacon—including the helper issue. New regulations were issued in January 1981. Before they could be implemented, they were withdrawn and rewritten by the Reagan Administration (1982). Through the next decade, these new Davis-Bacon regulations were largely implemented—but the helper segment remained in litigation. When, in 1992 (following a series of legal maneuvers), judicial approval of the helper regulations was finally secured, Congress blocked their enforcement through the appropriations process, variously denying funding for their implementation.
In mid-1996, the Associated Builders and Contractors sought court assistance to require enforcement of the helper regulation. DOL responded by returning to the rulemaking process. Subsequently, DOL published a proposed rule (April 1999) defining the concept of helpers and soliciting comment. The proposed rule, essentially, reaffirmed Departmental practice of the 1970s with respect to the use of helpers: the issue had come full circle. This final rule was issued by the Department and took effect on January 19, 2001.
Administrative initiatives found a counterpart in legislative proposals, introduced periodically up through the 109th Congress. No such proposals have as yet been introduced in the 110th Congress. This report, which will be updated periodically as events unfold, tracks the administrative, judicial and legislative evolution of the "helper" issue.