FHWA-1391

FHWA-1391 - 2025 Contractor's Annual EEO Report

FHWA-1391 forms are due by August 15, 2025.

The FHWA-1391 is an annual workforce report required by the Federal Highway Administration (FHWA) for all prime contractors and subcontractors working on WisDOT Federal-Aid highway construction projects with a current prime contract or subcontract of $10,000 or more. Disregard this notice if your company only works on aeronautic (airport) projects.

    1. Is your company currently working on a WisDOT highway construction project either as the prime or subcontractor? 
    • No – STOP - you do not need to submit an FHWA-1391.
    • Yes - Go to next question.
  2. Is the amount of your company’s contract (work) on the project equal to or exceeds $10,000? 
    • No – STOP - You do not need to submit an FHWA-1391
    • Yes - Go to next question.
  3. For each WisDOT project, does the project have federal funding? Directions to get a list of your projects and funding type​: CRCS List of Projects; AWP CRL List of Projects​
    • No – STOP - You do not need to submit an FHWA-1391
    • Yes – FHWA-1391 is required. Complete the form and submit.

Submitting the FHWA-1391:

Report workforce data (head count – not hours) for last full week worked in July (week ending 7/12, 7/19, or 7/26).

FHWA-1391 Frequently Asked Questions

Completed reports or questions should be sent to:

DOTLaborComplianceManagementSystem@dot.wi.gov; with subject line Company Name 1391.

CRCS Projects

Complete and submit the 2025 FHWA-1391 (link below). Submit as an Excel document not a PDF.

Must use the FHWA-1391 Excel form linked below. If you are unable to use Excel please contact DOTLaborComplianceManagementSystem@dot.wi.gov for an alternative submittal method.

FHWA-1391 Excel Form with Directions and Job Category FAQ

How to get list of projects in CRCS

AWP CRL Projects

For projects in AWP CRL, WisDOT will be able to run the FHWA-1391 right from AWP CRL except the report will not include four required classifications:

  • Official/Owner
  • Supervisor
  • Foremen/Women
  • Administrative

Two options for projects where certified payroll reports have been entered in AWP CRL:

#1. Use the Excel-1391 form below to report head count for these four classifications.

  • Official/Owner
  • Supervisor
  • Foremen/Women
  • Administrative

Spreadsheet with just the four classifications

#2. Use these labor codes in AWP CRL to add the four classifications to one of your July certified payroll reports in CRL. These classifications are only to be used when reporting for the FHWA-1391.


Only for FHWA Report 1391
Classification

Code

Clerical / Administrative901
Foreperson902
Official/Owner903
Supervisors904

Need head county only. Add the employees in these classifications as hourly employees, not salary. Add the employee to a payroll for one hour. Enter hourly rate as $7.25 (minimum wage) and overtime rate as $10.88. Leave fringes blank. Leave Total Fringes Paid blank. Total Deductions enter 0.00. Gross wages enter 7.25. (7.25 x 1 hour). Net Pay enter 7.25. Example 901 Classification AWP CRL.

You will need to do this for every project you are on in AWP CRL that meets the requirements for having to submit a 1391.

If you have already submitted a payroll in AWP CRL for that project and week ending date, do a modification and add the employee(s).

How to get list of projects in AWP CRL.

All companies must have sufficient documentation on file that would show its work force on a project-by-project basis in support of the data submitted to WisDOT.

Failure to report will result in non-compliance under 23 U.S.C. 140(a) and 23 CFR Part 230.

Authority

Code of Federal Regulations, Title 23, Subpart A, Section 230.121

23 U.S.C. 140(a)

FHWA-1273, Required Contract Provisions Federal-Aid Contracts

WisDOT Standard Specifications

Other EEO Information:

WisDOT EEO Technical Assistance Guide

EEO Federal Regulations and Links

“Equal employment opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630, 29 CFR 1625-1627, 41 CFR 60 and 49 CFR 27) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract.” (FHWA 1273, Section 2.1)

28 CFR 35
Nondiscrimination on the Basis of Disability in State & Local Government Services

29 CFR 1630
Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act

29 CFR 1625
Age Discrimination in Employment Act

29 CFR 1626
Procedures—Age Discrimination in Employment Act

29 CFR 1627
Records to be made or kept relating to age: Notices to be posted: administrative exemptions

41 CFR 60
Obligations of Contractors & Subcontractors

49 CFR 27
Transportation: Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance