Per 29 CFR §5.25(c) — compute fringe credit, cash-in-lieu shortfall & certified payroll impact
Enter each qualifying benefit. Cost × frequency is converted to an annualized hourly credit. Do not include Social Security, Medicare, workers' comp, or FUTA/SUTA — these are not creditable.
Results will appear here as you enter values above.
Under 29 CFR §5.25(c), the DOL requires contractors to "annualize" periodic benefit costs to determine the hourly credit they may claim toward their prevailing wage fringe obligation. The formula is: Hourly Credit = Total Annual Benefit Cost ÷ Total Annual Hours. This includes hours on all projects, not just the covered public-works project, preventing a contractor from using Davis-Bacon hours as the sole funding source for a benefit that covers the worker on all jobs. Underestimating fringe costs is among the most common Davis-Bacon bidding and payroll errors, often leading to back-wage assessments and audit findings.
Per 29 CFR §5.32 and the Contract Work Hours and Safety Standards Act (CWHSSA), fringe benefits must be paid for all hours worked, including overtime hours. However, fringe benefits are excluded from the overtime rate base — the half-time premium is calculated on the BHR only (never below the wage determination's basic rate). The cash-in-lieu shortfall also applies to overtime hours.
Annualization (29 CFR §5.25(c)) converts periodic benefit costs into an hourly credit by dividing the total annual cost of each bona fide benefit by the worker's total annual hours across all projects. This prevents contractors from funding benefits solely through Davis-Bacon hours while the benefit covers the employee on non-covered work as well.
DOL requires averaging the benefit cost over all hours the worker works during the year (both DBRA and non-DBRA). This caps the hourly credit at the benefit's true per-hour cost to the employer. Using only Davis-Bacon hours would artificially inflate the apparent credit, potentially overstating compliance. See DOL Fact Sheet #66E and 29 CFR §5.25(c).
No. Legally mandated costs — Social Security (FICA), Medicare, FUTA, SUTA, and workers' compensation insurance — are not bona fide fringe benefits under Davis-Bacon rules and cannot be credited toward the prevailing wage fringe obligation. This is confirmed by DOL guidance and 29 CFR §5.26.
If your annualized fringe credit falls short of the required fringe rate, the difference must be paid to the worker as additional taxable cash wages — called "cash in lieu of fringe." This amount is subject to FICA, FUTA, SUTA, and federal/state income tax withholding, unlike contributions to bona fide benefit plans. It must be reported on the weekly certified payroll (WH-347 form).
Under 29 CFR §5.32 and CWHSSA, the overtime premium (half-time) is based on the BHR only — fringe benefits are excluded from the overtime rate base. Fringe benefits must still be paid for all hours, including overtime. The BHR used for overtime cannot be reduced below the wage determination's basic rate. For workers earning above the BHR, their actual regular rate governs the overtime calculation.
No. Per DOL Fact Sheet #66E and 29 CFR §5.26, a contractor's own administrative expenses for providing fringe benefits are not creditable toward the prevailing wage obligation, even when paid to a third party to administer the plan. Only the direct cost of the benefit itself may be credited.
The WH-347 is the DOL's Certified Payroll Report form that contractors must submit weekly to document worker pay, classifications, and fringe benefit compliance on Davis-Bacon projects. An updated version took effect January 15, 2025, with expanded fringe benefit documentation fields including benefit names, types, plan numbers, and specific hourly credit values for each benefit. The old form expires September 30, 2026.
Davis-Bacon wage determinations are published at SAM.gov. Search by state, county, and construction type (building, heavy, highway, or residential). Your contracting agency is also required to include the applicable wage determination in the contract documents. For state-funded public works, check your state's labor department (e.g., California DIR, New York DOL).