News & Analysis as of

Construction Project Wage and Hour

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

Clark Hill PLC

Registration and Renewable Energy: Amendment to the Michigan Prevailing Wage Act

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On July 23, Senate Bill 571 (“SB 571” or the “Amendment”) was signed into law, adding registration requirements and the inclusion of both public and private energy facility projects. The Amendment is effective 90 days from...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

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

Manatt, Phelps & Phillips, LLP

California Supreme Court Rules on 'Hours Worked'

The California Supreme Court answered a trio of questions from the Ninth U.S. Circuit Court of Appeals about “hours worked” under Wage Order No. 16, which governs the construction, drilling, logging and mining industries....more

Holland & Knight LLP

Changes to New York's Housing Laws: What You Need to Know

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New York state has enacted changes in the housing laws that will have a significant impact on the development and operation of multifamily housing in New York City and the state, and will also ameliorate the effects of...more

Mayer Brown

Legal Developments in Construction Law: March 2024

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NEGATIVE CERTIFICATE AND OVERPAYMENT: CAN AN EMPLOYER GET ITS MONEY BACK? An adjudicator ruled that a contractor had been overpaid on an interim payment cycle and should repay the overpayment to the employer. In...more

Ballard Spahr LLP

No Prevailing Wage Requirements for Pennsylvania Conduit Issuers

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In an increasingly rare unanimous ruling, the Pennsylvania Supreme Court has affirmed the Pennsylvania Commonwealth Court’s holding that Ursinus College is not subject to prevailing wage requirements for a construction...more

Miller Canfield

New Prevailing Wage Requirements for Charter 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. ...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

Whitcomb Selinsky, PC

DBA Applicability in CHELCO Privatization Contract Challenged, Upheld

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In a recent case, a dispute arose between Choctawhatchee Electric Cooperative, Inc. (CHELCO) and the Administrator of the Wage and Hour Division over the Davis-Bacon Act's (DBA) applicability to a contract for the...more

Whitcomb Selinsky, PC

The Significance of Worker Classification under the Davis-Bacon Act

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Arbitration and Worker Classification - In a recent court opinion from the United States Court of Appeals, Tenth Circuit, an essential dispute arose between the International Brotherhood of Electrical Workers, Local 113...more

Whitcomb Selinsky, PC

Fair Wages and Worker Protection in Federal Construction Projects

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Fair Compensation and Working Protection for the Pacific Bay Vista Renovation Project - Selco Air Conditioning, Inc. (Selco), a reputable company specializing in air conditioning systems, found itself in a significant...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

Whitcomb Selinsky, PC

Addressing Concerns: Changes to the Davis-Bacon Act Regulations

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Addressing Commentor Concerns Davis-Bacon Act The Department of Labor received several comments in response to the proposal for changes to the Davis-Bacon Act. Many commenters expressed support for the proposal while others...more

Whitcomb Selinsky, PC

Changes to Wage Determinations: Enhancing Efficiency and Accuracy

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definition of "area" to include multi-county project - Davis-Bacon Act - The Department of Labor is currently engaged in discussions regarding proposed changes to the definition of "area" for multi-county project wage...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

Whitcomb Selinsky, PC

Changes To Davis Bacon Act

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In the document, there is a discussion about the recent updates made to the Davis-Bacon and Related Acts (DBRA) regulations. The Department of Labor (DOL) is the agency responsible for overseeing these regulations, with a...more

Hinckley Allen

False Claims Act Judgment Entered Against Massachusetts Contractor for Submission of Subcontractor’s Fraudulent Payroll Records on...

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On November 1, 2023, the Massachusetts Office of Attorney General (“AG”) issued a press release announcing the issuance of a judgment against a local contractor arising out of its subcontractor’s failure to pay prevailing...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

Wiley Rein LLP

[Webinar] 2023 Federal Infrastructure Series - Prevailing Wage and Labor & Employment Update - October 5th, 12:00 pm - 1:00 pm EDT

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Please join us for our first fall 2023 episode of Wiley’s Federal Infrastructure Webinar Series, a series of webinars that will bring together attorneys from across the firm to discuss current developments relating to the...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

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