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Prevailing Wage Laws by State
Last updated November 2026. Twenty-nine states and Washington, DC have their own prevailing wage laws that set minimum wages and fringe benefits on state and locally funded public construction. The other 21 states have no state law, but the federal Davis-Bacon Act still applies to federally funded construction projects over $2,000 in every state.
United States
Click a state to zoom in, then use the arrows to browse all 50 states and DC. Click the state again to return to the full map. States appearing dark blue on the map have their own prevailing wage laws that apply to state and local projects. The other states defer to the U.S. federal Davis-Bacon Act which sets prevailing wage standards for federally funded construction projects.
Zoomed in, open the info panel for state details.
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State
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State-specific prevailing wage laws
State defers to federal Davis-Bacon Act
The information on eBacon's interactive prevailing wage map is provided for general informational purposes only. The accuracy or availability of the information is subject to periodic updates. Overtime (OT) and double time (DT) requirements may be subject to other rules which vary by state, or subject to contract funding. Information published here must be verified by relevant government agencies.
Delaware Prevailing Wage Law
State law
State law: $500,000 new construction, $45,000 alteration/repair
State law. Applies to public works contracts where the state or a subdivision is a party and the state appropriated any part of the funds. Exclusions: DelDOT projects wholly funded by Community Transportation Funds, and Municipal Street Aid projects. The University of Delaware's charter requires prevailing wage on its state-related construction over the same thresholds.
Details
| Statute | 29 Del. C. § 6960 (prevailing wage); § 6960A (craft training); § 6962 (public works contracting, EEO clause, hiring report). Regulations: 19 DE Admin. Code 1322, last amended at 22 DE Reg. 403 (Nov. 1, 2018).Source: Delaware Code Online; Prevailing Wage Regulations 1322 (archive); 19 Del. Admin. Code 1322 (Cornell LII, with Register history). Last checked October 22, 2026. |
|---|---|
| Dollar thresholds | Over $500,000 for new construction (including painting and decorating); over $45,000 for alteration, repair, renovation, rehabilitation, demolition or reconstruction. Raised in 2015 from $100,000 / $15,000.Source: Delaware Code Online; Delaware DOL knowledge base; HB 145 (2015) via LegiScan. Last checked October 22, 2026. |
| Administering agency | Delaware Department of Labor, Division of Industrial Affairs, Office of Construction Industry Enforcement (formerly Office of Labor Law Enforcement). 252 Chapman Rd., Suite 210, Newark; 302-318-2798; DEcertifiedpayroll@delaware.gov. Agency websiteSource: Delaware payroll form (May 5, 2025); Delaware DOL knowledge base. Last checked October 22, 2026. |
| Where to get wage rates | Delaware DOL schedules by county and construction type (building, heavy, highway). Rates follow collective bargaining rates where those prevailed for 4 consecutive years; otherwise the annual survey, adjusted by CPI- Construction. Building rates effective March 13, 2026. Contractors can request certified rates for a specific project.Source: Delaware Code Online (§ 6960(a)); Building rates effective March 13, 2026 (state bid document); Delaware DOL knowledge base. Last checked October 22, 2026. |
| Wages vs. fringes | Fringe benefits paid by the employer can offset the full rate. Delaware recognizes only: health, life and disability insurance; retirement; vacation, holiday, sick and bereavement pay; apprenticeship and training education benefits; supplemental unemployment. Employee contributions must be voluntary.Source: Delaware payroll form (May 5, 2025). Last checked October 22, 2026. |
| Pay frequency | Weekly and unconditionally, with no later deductions or rebates (§ 6960(b)). Covers workers on site and those doing custom fabrication for the project wherever it's performed (added 2023). Delaware's general rule is at least monthly.Source: Delaware Code Online (§ 6960(b)); 84 Del. Laws c. 124 (SB 102, 2023); DOL state payday requirements. Last checked October 22, 2026. |
| Overtime and double time | 1.5x the full prevailing rate (wage plus fringe) for hours over 40 in a workweek, for mechanics, laborers and registered apprentices. Delaware DOL's example: a $45.00 total rate becomes $67.50 for overtime. Regulation 1322 has no separate overtime section, and no daily overtime rule was found.Source: Delaware DOL, Delaware Prevailing Wage Resource Information; Prevailing Wage Regulations 1322 (archive). Last checked October 22, 2026. |
| Certified payroll forms | Delaware's own payroll report (version dated May 5, 2025): per-worker address, full Social Security number, classification, sex and race; fringe benefit plan details; notarized sworn statement. Weekly payroll reports go to the Department of Labor, mailed or delivered within one week after the last workday covered (Regulation 1322 § 7.1.1.2.3); the form gives DEcertifiedpayroll@delaware.gov. Incomplete reports count as not submitted. DOL's knowledge base adds: submit weekly to the awarding agency or as the contract directs.Source: Delaware payroll form (May 5, 2025); Prevailing Wage Regulations 1322 (archive); Delaware Code Online (§ 6960(c)); DOL knowledge base: weekly payroll. Last checked October 22, 2026. |
| Electronic filing portal | No upload portal. Payrolls go to Delaware DOL by email (DEcertifiedpayroll@delaware.gov, per the form) or by mail or delivery.Source: Delaware payroll form (May 5, 2025); Prevailing Wage Regulations 1322 (archive). Last checked October 22, 2026. |
| EEO and workforce reports | State-funded public works contracts must carry a nondiscrimination and equal-pay clause. For large public works projects of $3 million or more, the state compiles an annual hiring report with each worker's race, gender, ZIP code, birth year, hours, union status and training program; agencies must supply the data. Delaware also gives hiring preference to state residents of at least 90 days.Source: Delaware Code Online (§ 6962(d)(7), (d)(4)b, (e)). Last checked October 22, 2026. |
| Apprentice ratio rules | Apprentices and trainees may work at apprentice rates only if registered with Delaware DOL or an approved training program; non-registered apprentices get the mechanic's rate. The ratio of apprentices to mechanics on the site can't be greater than the ratio permitted to the contractor for its entire workforce under its apprenticeship program; apprentices over the ratio get the rate for the work performed (Regulation 1322 § 3.1.4.2.4). The sworn statement certifies this. Separately, § 6960A requires a craft training program on covered contracts for contractors with 10 or more employees, met by having an active apprentice, a consortium, or paying into the Apprenticeship and Training Fund (annual caps of $10,000 for 10–25 employees and $20,000 for more than 25).Source: Prevailing Wage Regulations 1322 (archive); Building rates effective March 13, 2026 (state bid document); Delaware payroll form (May 5, 2025); Delaware Code Online (§ 6960A). Last checked October 22, 2026. |
| Recent changes | Payroll form updated May 5, 2025. Agency now named Office of Construction Industry Enforcement. Building rates effective March 13, 2026. Craft training payment option for contracts executed after Sept 9, 2022. July 26, 2023: SB 102 (Senate Substitute 1; 84 Del. Laws c. 124) extended § 6960(b) to custom fabrication work wherever performed and defined "custom fabrication" in § 6902.Source: 84 Del. Laws c. 124 (SB 102, 2023); SB 102 (2023) via LegiScan; Delaware payroll form (May 5, 2025); Building rates effective March 13, 2026 (state bid document). Last checked October 22, 2026. |
The information on eBacon's interactive prevailing wage map is provided for general informational purposes only. The accuracy or availability of the information is subject to periodic updates. Overtime (OT) and double time (DT) requirements may be subject to other rules which vary by state, or subject to contract funding. Information published here must be verified by relevant government agencies.
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- Which states have prevailing wage laws?
- Which states don’t have a prevailing wage law?
Which states have prevailing wage laws?
Alaska, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, New Jersey, New Mexico, New York, Ohio, Oregon, Pennsylvania, Rhode Island, Tennessee, Texas, Vermont, Virginia, Washington, Wyoming, and Washington, DC. Thresholds, covered projects, and reporting rules vary by state, so open any state on the map for its details.
Which states don’t have a prevailing wage law?
Alabama, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, New Hampshire, North Carolina, North Dakota, Oklahoma, South Carolina, South Dakota, Utah, West Virginia, and Wisconsin. No state law doesn’t mean no paperwork, though: federal Davis-Bacon rules still apply to federally funded jobs in all of them.
eBacon assigns the right state or federal wage determination to each job, calculates wages and fringe by trade classification, and generates the WH-347 or the state’s certified payroll form in one click. See how eBacon handles prevailing wage payroll →
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