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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-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.
Montana Prevailing Wage Law
State law
State law: public works contracts of $25,000 or more
State law ("Little Davis-Bacon"). Covers public works contracts for building, heavy and highway construction and for nonconstruction services, let by the state, counties, cities, school districts and other political subdivisions. Nonconstruction services include building and road maintenance, custodial, security, grounds, water and waste systems, food service, transportation driving and equipment repair. Excluded: engineering, management, clerical, consulting, commercial supply contracts and licensed professionals.
Details
| Statute | Mont. Code Ann. §§ 18-2-401 to 18-2-432; ARM 24.17. § 18-2-425 (1999) also bars the state and local governments from requiring project labor agreements.Source: MCA Title 18, Ch. 2, Part 4 index; MCA § 18-2-425. Last checked October 22, 2026. |
|---|---|
| Dollar thresholds | $25,000 or more total contract value, counting possible renewals; multiple awards from one solicitation are added together. Notice of completion required on projects of $50,000 or more.Source: State Procurement Services Q&A (Q2, Q3, Q16). Last checked October 22, 2026. |
| Administering agency | Montana Department of Labor & Industry, Employment Relations Division, Compliance and Investigations Bureau. PO Box 201503, Helena, MT 59620; (406) 444-6543; DLIERDWage@mt.gov. Agency websiteSource: Montana DLI public contracts page. Last checked October 22, 2026. |
| Where to get wage rates | Annual rate books for building, heavy, highway and nonconstruction services, adopted by rule (ARM 24.17.127) from an annual survey. All four 2026 books effective April 25, 2026; DLI dropped its first 2026 proposal (MAR 2025-395) and re-proposed (MAR 2026-16.1). The project uses rates in effect when the bid specifications are advertised. Contracts longer than 30 months need a 3% raise 12 months after award and every 12 months after, paid by the contractor.Source: 2026 Heavy Construction rates (front matter); 2026 Building Construction rates; 2026 Highway Construction rates; 2026 Nonconstruction Services rates; Montana DLI prevailing wage rates page; MAR Notice 2026-16.1. Last checked October 22, 2026. |
| Wages vs. fringes | Total package. Fringes can be paid in cash, as irrevocable contributions to a qualifying plan, or both. Fringes are owed on all hours, overtime included, but don't go into the overtime base unless a CBA says so. Travel, per diem and zone pay rules are in the rate book (ARM 24.17.103).Source: 2026 Heavy Construction rates (front matter). Last checked October 22, 2026. |
| Pay frequency | Hourly employees must be paid weekly (§ 18-2-423).Source: MCA Title 18, Ch. 2, Part 4 index (§ 18-2-423). Last checked October 22, 2026. |
| Overtime and double time | Not set by the prevailing wage law. Montana general rule: 1.5x the hourly rate for hours over 40 in a workweek (MCA § 39-3-405). Rate books: overtime is figured on the base rate; fringes are paid straight time on overtime hours and stay out of the overtime base unless a CBA says otherwise.Source: MCA § 39-3-405 (2025); 2026 Heavy Construction rates (front matter); 2026 Building Construction rates; DOL state minimum wage and overtime table. Last checked October 22, 2026. |
| Certified payroll forms | No routine submission. Under § 18-2-423, contractors provide payroll records to DLI within 5 days of a request after a complaint, and DLI may require certified copies for the project. Bid specs must give notice of the payroll record rules (§ 18-2-422). DLI audits for 90 days after a completion notice.Source: State Procurement Services Q&A (Q16); MCA § 18-2-423 (index). Last checked October 22, 2026. |
| Electronic filing portal | No DLI payroll portal; payrolls go to DLI only on request. MDT is moving from paper to AASHTOWare Civil Rights & Labor (CRL) electronic payrolls on contracts whose special provisions require it.Source: MDT prevailing wage resources (AASHTOWare CRL); MDT AASHTOWare CRL Electronic Payrolls User Guide; Montana DLI prevailing wage rates page. Last checked October 22, 2026. |
| EEO and workforce reports | No EEO report in the state law. Resident preference: at least 50% of each contractor's workers on the job must be bona fide Montana residents (§§ 18-2-403, 18-2-409).Source: Montana DLI public contracts page. Last checked October 22, 2026. |
| Apprentice ratio rules | Apprentices in approved federal or state programs get the program's wage plus full fringe (§ 18-2-416); unregistered apprentices get the journey rate. No apprentice ratio in the prevailing wage law or the 2026 rate books.Source: 2026 Heavy Construction rates (front matter); 2026 Building Construction rates. Last checked October 22, 2026. |
| Recent changes | 2026 rates: first proposal withdrawn after public comment, revised rates heard March 30, 2026 and effective April 25, 2026 for all four books (building, heavy, highway, nonconstruction services).Source: MAR Notice 2026-16.1; 2026 Heavy Construction rates (front matter); 2026 Building Construction rates; 2026 Highway Construction rates; 2026 Nonconstruction Services rates. 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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