PrevailCrew

Fringe benefits on prevailing wage jobs

Every prevailing wage rate has two parts: the base rate and the fringe. You must cover the fringe for every hour worked, but you can choose how: benefit plans, cash on the check, or both. Here's how it works and how to take credit for it correctly.

Last reviewed November 9, 2026 · Sources linked below · General information, not legal advice

The basic rule

A wage determination lists a basic hourly rate and a fringe benefit amount for each classification. For every hour worked, you owe at least the base rate in cash, plus the fringe amount in benefits, cash or a mix (40 U.S.C. 3142; 29 CFR 5.31).

Two checks per worker, per classification:

  1. Base rate paid ≥ required base rate.
  2. Base paid + plan credit per hour + cash in lieu per hour ≥ required base + required fringe.

Try it with the prevailing wage calculator.

Three ways to pay it

MethodHow it worksGood to know
Bona fide plansContributions to health, pension, vacation, training or similar plansCredit is the hourly cost of the plan, usually annualized
Cash in lieuPay the fringe amount as extra cash on the paycheckTaxed as wages; shown separately on the WH-347 (column 6C)
A combinationPlans cover part, cash covers the restCommon when a health plan costs less than the required fringe

You can also pay a base rate above the required one; the extra cash counts toward the total. But the base itself can never be below the required base.

What counts as a bona fide benefit

  • Medical and hospital care, pensions, life and disability insurance, vacation and holiday pay, and registered apprenticeship training.
  • Contributions must be made to a fund, plan or program for the workers' benefit, and paid regularly.
  • Benefits required by other laws, such as Social Security, unemployment insurance and workers' compensation, do not count.
  • Unfunded plans, where the contractor pays benefits directly rather than into a fund, need prior approval from the Department of Labor.

Annualization

You can only claim credit for the part of a benefit that pays for prevailing wage work. Since the 2023 rule, that is written into 29 CFR 5.25(c): the hourly credit is the plan's cost divided by all hours the worker worked, on both private and Davis-Bacon work.

Example: health insurance costs $9,360 a year for a worker who works 2,080 hours in total, 520 of them on a public job. The credit is $9,360 ÷ 2,080 = $4.50 an hour, not $9,360 ÷ 520 = $18.00.

Exceptions:

  • Defined contribution pension plans (like many 401(k)s) are excepted automatically if they provide immediate participation and essentially immediate vesting, within the first 500 hours worked.
  • Other benefits can be excepted only with the Wage and Hour Division's approval, and only if they aren't continuous in nature and don't pay for private work.

Fringe and overtime

The fringe is owed for every hour, including overtime, at its straight-time amount. Overtime under the Contract Work Hours and Safety Standards Act is 1.5 times the basic rate of pay, and amounts paid for fringe benefits, including cash in lieu, are left out of that calculation (29 CFR 5.32).

Example: base $52.40, fringe $31.20. An overtime hour costs $52.40 × 1.5 + $31.20 = $109.80, not ($52.40 + $31.20) × 1.5.

Fringe on the WH-347

  • Column 6B, total fringe benefit credit: hours × the worker's total hourly credit from plans.
  • Column 6C, payment in lieu of fringe benefits: hours × the hourly cash paid instead.
  • Page 2, item 5: a table of each plan's name, type, plan number, funded or unfunded, and the hourly credit for each worker. If you pay cash only, check the box and use column 6C.

See the WH-347 instructions, or let the free builder work out the weekly columns from the hourly amounts.

California's fringe categories

California's determinations split the employer payments into health and welfare, pension, vacation and holiday, training, and other. On California's electronic certified payroll, contributions to plans are reported hourly by those categories, and DIR's guidance is that fringe paid directly to the worker goes into the hourly rate. More in California certified payroll.

Common questions

Can I pay prevailing wage fringe benefits in cash?

Yes. Federal law lets you meet the fringe portion by contributing to bona fide plans, by paying cash in lieu of fringe benefits, or by a combination. Cash in lieu goes on the paycheck and is taxed as wages.

Do I pay fringe benefits on overtime hours?

Yes, the fringe is owed for every hour worked, including overtime, but at the straight-time amount. It is not multiplied by 1.5. Overtime premium is figured on the basic hourly rate only.

What is annualization?

A rule for taking credit for plan contributions. You divide the yearly cost of a benefit by all hours the worker worked in the year, on public and private jobs, to get the hourly credit you can claim on prevailing wage work. It stops a contractor from loading a year's benefits onto a few public-job weeks.

Can I count payroll taxes or workers' comp as fringe?

No. Benefits the law already requires, such as Social Security, unemployment insurance and workers' compensation, can't be credited toward the prevailing wage fringe.

What goes on the WH-347 for fringe?

Column 6B shows the fringe credit from plans (hours times the hourly credit listed on page 2), and column 6C shows cash paid in lieu of fringe. Page 2 lists each plan with its type, plan number, whether it is funded, and the hourly credit per worker.

Sources

  1. 40 U.S.C. 3142: Davis-Bacon Act, rate of wages for laborers and mechanics (govinfo)
  2. 29 CFR 5.31: Meeting wage determination obligations (eCFR)
  3. 29 CFR 5.25: Rate of contribution or cost for fringe benefits, including annualization (eCFR)
  4. 29 CFR 5.32: Overtime payments (eCFR)
  5. 29 CFR 5.5: Contract provisions and related matters, including certified payroll (eCFR)
  6. DOL Prevailing Wage Resource Book: Overtime pay on government contracts
  7. U.S. Department of Labor: Form WH-347 and instructions
  8. California DIR: eCPR XML V2 submission FAQ (PDF)

This page explains the rules in general terms. Your contract, the agency and the wage determination decide what applies to your job. When in doubt, ask the contracting agency or a lawyer.

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