The Pennsylvania Commonwealth Court recently clarified the scope of coverage under the Pennsylvania Prevailing Wage Act with respect to truck drivers and other workers whose work in relation to a prevailing wage project extends beyond the actual project boundaries.

Contractors and subcontractors performing work on state or federally funded construction projects must pay all "workmen" not less than the prevailing minimum wages for all hours worked. Payment of the prevailing wage on federally funded projects is governed by the federal Davis-Bacon Act; on state funded projects, the Pennsylvania Prevailing Wage Act ("Act") applies. Because of the specific provisions of the federal Act and the Pennsylvania Act, in some cases the applicable state and federal prevailing rates can differ, as can the specific rules regarding coverage and payment of the prevailing wage. In Bockelman Trucking v. Pennsylvania Prevailing Wage Appeals Board, the Commonwealth Court of Pennsylvania interpreted the Pennsylvania Act in a manner consistent with the federal Davis-Bacon Act with respect to the important issue of whether workers whose work activities extend beyond the actual project site are entitled to the prevailing minimum wage.

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