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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.
North Dakota Prevailing Wage Law
Davis-Bacon only
No state law
No state prevailing wage law. DOL's table lists North Dakota among states without a law, no repeal date. Federally funded jobs follow Davis-Bacon. NDDOT treats a contract mixing state and federal work as fully federal.
Details
| Statute | None. North Dakota has never had a state prevailing wage law; DOL lists it among states without one, with no repeal date.Source: DOL WHD state prevailing wage laws table (Jan 1, 2023); DOL WHD state thresholds table (Jan 1, 2017). Last checked October 22, 2026. |
|---|---|
| Dollar thresholds | No state threshold. Davis-Bacon applies to federally funded or assisted construction contracts over $2,000.Source: DOL WHD: Davis-Bacon and Related Acts; 40 U.S.C. 3142 (2024 U.S. Code, govinfo). Last checked October 22, 2026. |
| Administering agency | No state agency. Federal WHD enforces Davis-Bacon; NDDOT's Civil Rights Division monitors federal-aid highway jobs and investigates wage complaints on them (701-328-2605).Source: NDDOT Labor Compliance Program (Davis-Bacon) page. Last checked October 22, 2026. |
| Where to get wage rates | Federal wage determinations on SAM.gov.Source: SAM.gov wage determinations; DOL WHD: Davis-Bacon and Related Acts. Last checked October 22, 2026. |
| Wages vs. fringes | Federal rule on Davis-Bacon jobs: basic rate plus bona fide fringe benefits or the cash equivalent. Plan contributions at least quarterly.Source: 29 CFR 5.5(a)(1)(i), Cornell eCFR mirror (confirm on ecfr.gov). Last checked October 22, 2026. |
| Pay frequency | Weekly on Davis-Bacon jobs. North Dakota payday law: at least monthly.Source: 29 CFR 5.5, Cornell mirror; DOL state payday requirements (Jan 1, 2023). Last checked October 22, 2026. |
| Overtime and double time | Federal contracts over $100,000: 1.5x the basic rate for hours over 40 in a workweek (Contract Work Hours and Safety Standards Act, 40 U.S.C. 3702; 29 CFR 5.5(b)). No daily overtime, no double time. The FLSA's 40-hour weekly overtime rule applies generally. North Dakota law: 1.5x the regular rate after 40 hours a week.Source: 29 CFR 5.5(b) clause as printed in a TxDOT contract; DOL state minimum wage and overtime table; 29 CFR 5.5 (eCFR, current as of Oct 19, 2026); DOL WHD Prevailing Wage Resource Book: Overtime Pay on Government Contracts; DOL WHD: Wages and the Fair Labor Standards Act. Last checked October 22, 2026. |
| Certified payroll forms | WH-347 or an equivalent with all its data elements. Using the form itself is optional; DOL released a revised WH-347 (Rev. January 2025). NDDOT doesn't require weekly certified payrolls on state-funded-only contracts.Source: ALDOT Notice to Contractors (Mar 27, 2026); NDDOT Davis-Bacon Wage and Payroll Requirements Handbook (Sept 2025); DOL WHD: Form WH-347 (use of the form is optional). Last checked October 22, 2026. |
| Electronic filing portal | LCPtracker. NDDOT requires it for certified payrolls on federal-aid projects, including city and county projects; paper payrolls aren't accepted.Source: NDDOT special provision: Mandatory Use of Automated Certified Payroll (LCPtracker); NDDOT Labor Compliance Program (Davis-Bacon) page; NDDOT Davis-Bacon Wage and Payroll Requirements Handbook (Sept 2025). Last checked October 22, 2026. |
| EEO and workforce reports | Changing. EO 14173 revoked EO 11246 on Jan 21, 2025. DOL's final rule rescinding the EO 11246 regulations (Federal Register 2026-17114, published Aug 21, 2026) takes effect Oct 26, 2026. Federal-aid highway contractors still file the annual FHWA-1391 EEO report for July (23 CFR 230.121).Source: EO 14173, 90 FR 8633 (Jan 21, 2025), sec. 3(b)(i) revokes EO 11246; OFCCP final rule, Rescission of EO 11246 Implementing Regulations, 91 FR 54444 (Aug 21, 2026), effective Oct 26, 2026; 23 CFR 230.121 (eCFR): annual PR/FHWA-1391 report for July; Caltrans 2026 FHWA-1391 memo (2026 reporting period July 19-25); Alaska DOT&PF FHWA-1391 Report Instructions and FAQs 2026. Last checked October 22, 2026. |
| Apprentice ratio rules | Federal jobs: apprentices get apprentice rates only within the ratio allowed by their registered program; any over the ratio get the full journeyworker rate (29 CFR 5.5(a)(4)). Apprentice registration: U.S. DOL Office of Apprenticeship (North Dakota Apprenticeship Office).Source: 29 CFR 5.5(a)(4) (eCFR); apprenticeship.gov: the apprenticeship system (state agencies map). Last checked October 22, 2026. |
| Recent changes | DOL released a revised WH-347 (Rev. January 2025). Using the form itself is optional; weekly certified payrolls must include its data elements and a signed statement of compliance. Nothing new on state prevailing wage found.Source: DOL Form WH-347 (Rev. January 2025); DOL WH-347 instructions (form use optional; OMB 1235-0008 exp. 01/31/2028). 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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