News & Analysis as of

Construction Industry Prevailing Wages

Perkins Coie

District Court in Texas Blocks DOL Wage Rules Under Davis-Bacon Act

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The U.S. District Court for the Northern District of Texas granted a nationwide preliminary injunction blocking certain wage rules adopted by the Department of Labor (DOL) that had expanded coverage of the Davis-Bacon Act...more

Cohen Seglias Pallas Greenhall & Furman PC

NYC Comptroller Announces That Flaggers Are “Construction Laborers” Subject To Prevailing Wages

There has been a rash of class action lawsuits against utility companies, utility contractors, and traffic control contractors. These lawsuits have alleged that on public works projects in New York City, workers performing...more

Troutman Pepper

Contractor’s Guide to the Revised Davis-Bacon Act Regulations

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Did the 2023 update to the Davis-Bacon and Related Acts, which apply to contractors and subcontractors performing on certain federally funded or assisted contracts, appropriately modernize or unduly expand the Davis Bacon...more

Vinson & Elkins LLP

The Very Timely PWA Requirements Finalized

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On June 18, 2024, the Department of the Treasury (the “Treasury”) and the Internal Revenue Service (the “Service”) issued final regulations (T.D. 9998) (the “Final Regulations”) regarding compliance with the prevailing wage...more

Amundsen Davis LLC

Federal Court Invalidates Parts of the US DOL’s Davis-Bacon Act (DBA) Rule – Particularly Impacting the Transportation of Supplies...

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On June 24, 2024, a federal district court judge enjoined parts of the United States Department of Labor’s (US DOL's) August 23, 2023 prevailing wage rule that greatly expanded the definition of “construction” on federal...more

DirectEmployers Association

OFCCP Week in Review: July 2024

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment. - Federal Judge Temporarily Blocked Portions of USDOL Rule Setting New Formula for...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Arizona Court Nullifies Two City Ordinances on Prevailing Wage

The Superior Court of Arizona recently confirmed that state law preempts two local ordinances in Phoenix and Tucson that were set to take effect on July 1, 2024, and would have required construction companies that contract...more

Jackson Lewis P.C.

Court Enjoins Key Provisions of Davis-Bacon Prevailing Wage Final Rule for Construction Contractors

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A federal judge in Texas has blocked the U.S. Department of Labor (DOL) from enforcing several provisions of its prevailing wage final rule under the Davis-Bacon and Related Acts (DBA) for construction contractors. Associated...more

Kilpatrick

Reign It In: Federal Court Enjoins DOL's Expansion of Davis-Bacon Coverage

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This past year, the Department of Labor (“DOL”) implemented significant amendments to the Davis-Bacon Act (“DBA”) regulations in a final rule that became effective in October 2023. The amendments significantly expanded the...more

Smith Anderson

Major Changes Now in Effect to Davis-Bacon and Related Acts

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For the first time in almost 40 years, the U.S. Department of Labor (“DOL”) has finalized comprehensive changes to regulations covering the Davis-Bacon Act (“DBA”) and 70 “DBA Related Acts,” federal wage regulations that...more

Miller Canfield

Michigan Adopts New Prevailing Wage Requirements for Public School Construction Projects

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Michigan’s new Prevailing Wage for State Projects Act (the “Act”) became effective on February 13, 2024, and is substantially similar to a prior statutory prevailing wage requirement which was repealed in 2018. The Act...more

Fox Rothschild LLP

Materials Delivery And Davis-Bacon Act Prevailing Wage Rates: What Are The Rules?

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I have handled numerous prevailing wage cases, both Davis Bacon Act and State laws, and have come to understand that it often is a gray issue whether materials delivery and any concomitant work performed is/is not prevailing...more

Jackson Lewis P.C.

Construction Contractors and Certified Payroll Reports Under Massachusetts Prevailing Wage Law

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Under the Massachusetts prevailing wage law (and most prevailing wage laws around the country), construction contractors performing construction on state-funded construction projects are required to pay employees the...more

Brownstein Hyatt Farber Schreck

New Nevada Wage Laws Will Impact Public Works Contractors

Public works projects are a significant source of work for Nevada construction contractors. As the new year approaches, public works contractors will need to adjust their hiring and recordkeeping practices for each project to...more

Schwabe, Williamson & Wyatt PC

OP-ED: A Revamp of Federal Regulations: Davis-Bacon Act Updates

In August, the United States Department of Labor issued the most comprehensive updates to the Davis-Bacon and Related Acts in more than 40 years. The final rule went into effect on Oct. 23. Originally enacted in 1931,...more

Seyfarth Shaw LLP

Construction Industry Groups Challenge DOL’s New DBRA Regulations

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Less than a month after taking effect, the Department of Labor’s (“DOL”) broad changes to the regulations implementing Davis-Bacon and Related Acts (“DBRA”) are facing legal challenges in two federal courts. These newly-filed...more

Davis Wright Tremaine LLP

Building in 2024: Recent Oregon Legislative Changes Impacting the Construction Industry

As 2023 comes to a close, it is the perfect time to look back and review recent Oregon legislative changes that will impact the construction industry in the coming year. The 82nd Session of the Oregon Legislature...more

Schwabe, Williamson & Wyatt PC

Davis-Bacon Act Regulation Updates: Subcontractor Flow-Down Requirements

On August 23, 2023, the United States Department of Labor (“DOL”) issued a final rule updating regulations issued under the Davis-Bacon Act. This is the DOL’s first comprehensive update to the Davis-Bacon Act regulations in...more

Schwabe, Williamson & Wyatt PC

Davis-Bacon Act Regulation Updates: Post-Award Determinations and Wage Determination

On August 23, 2023, the United States Department of Labor (“DOL”) issued a final rule updating regulations issued under the Davis-Bacon Act. This is the DOL’s first comprehensive update to the Davis-Bacon Act regulations in...more

Fox Rothschild LLP

USDOL Changing Manner In Which Davis Bacon Act/Prevailing Wages Are Determined—Tilted Towards The Workers For Sure!

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I have handled numerous prevailing wage cases, including dozens under the federal Davis-Bacon Act (DBA) and read with great interest the proposed changes to the decades-old law. The proposed rule will likely set higher rates...more

Levenfeld Pearlstein, LLC

Construction Wage Requirements on Federally Funded Projects: New Labor Department Rule Updates Davis-Bacon Wage Requirements...

Developers and owners who obtain federal funds on construction projects and those contractors and trades performing work have long understood the impact of the Davis-Bacon Act (“DBA”) on their projects, particularly as it...more

Amundsen Davis LLC

More Legal Mandates & Changes Impacting the U.S. Construction Industry: Department of Labor’s Updated Davis-Bacon & Related Acts...

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Hold onto your hard hat! What you thought you knew about federal Davis-Bacon prevailing wage law is changing --- substantially changing decades of well-established rules, precedent and interpretations as to the applicability...more

Jackson Lewis P.C.

Labor Department’s Davis-Bacon Act Final Rule: Changes for Federal Contractors

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The U.S. Department of Labor’s (DOL) Updating the Davis-Bacon and Related Acts Regulations final rule includes hundreds of pages of changes to the Davis-Bacon and Related Acts (DBRA) standards and is estimated to impact over...more

Pillsbury Winthrop Shaw Pittman LLP

Treasury Department and IRS Issue Proposed Regulations on the Prevailing Wage and Apprenticeship Requirements under the Inflation...

The proposed regulations adopt the Department of Labor’s published rates for prevailing wages for the relevant type of construction in the geographic location of the project. The proposed regulations provide additional...more

Husch Blackwell LLP

DOL Attempts to Expand Prevailing Wage Authority to All “Development Statutes”

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Developers of renewable energy projects generally haven’t concerned themselves with the Davis-Bacon Act, the Great Depression-era federal law that mandates the paying of prevailing wages to laborers on public works projects;...more

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