News & Analysis as of

Project Labor Agreements

Mayer Brown

Recent US GAO Decision Reinforces that US COFC’s Decisions are Not Binding on GAO as a Bid Protest Forum

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On April 23, 2025, the Government Accountability Office (“GAO”) released a public decision dismissing a reconsideration request filed by 4K Global-ACC JC, LLC. The decision is noteworthy because in rejecting the request for...more

Davis Wright Tremaine LLP

Oregon Update: Two Significant Developments in the Project Labor Agreement and Community Work Agreement Saga

We've previously addressed Oregon Gov. Kotek's Executive Order No. 24-31 requiring the use of Project Labor Agreements on certain state construction projects. On March 24, 2025, Marion County Circuit Judge Thomas M. Hart...more

Littler

Puerto Rico Executive Order 2025-015 Targets Pilot Program for the Incorporation of Project Labor Agreements

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On March 19, 2025, Puerto Rico Governor Hon. Jennifer A. González repealed several sections of Executive Order 2022-014 (“EO-2022-014”) through Executive Order 2025-015 (“EO-2025-015”). EO-2022-014 established the “Pilot...more

Bass, Berry & Sims PLC

Project Labor Agreements No Longer Mandated for Large Federal Construction Contracts

Bass, Berry & Sims PLC on

On January 21, in MVL, Inc., et al. v. United States, the U.S. Court of Federal Claims (COFC) struck down a 2022 Executive Order (EO), as well as the implementing Federal Acquisition Regulation (FAR), signed by then-President...more

McDermott Will & Emery

Trump, Court Actions Curtail Union Involvement in Federal Contracts

Federal contractors spent the past three years navigating executive mandates limiting their ability to select their own workforces after being awarded a large federal service contract. These mandates also required them to use...more

Davis Wright Tremaine LLP

Oregon Governor's Executive Order Regarding Project Labor Agreements (PLAs) for State Construction Projects

Oregon Governor Tina Kotek issued Executive Order No. 24-31, titled "Establishing Project Labor Agreements[1] for State Construction Projects" ("EO 24-31" or "Order"), on December 18, 2024. On December 31, 2024, the...more

Bradley Arant Boult Cummings LLP

Biden’s Executive Order on Project Labor Agreements Violates CICA

In a recent decision, the Court of Federal Claims (COFC) ruled on bid protests filed by 12 construction companies challenging the implementation of a February 4, 2022, Executive Order 14063 that mandated the use of project...more

Holland & Knight LLP

Court Finds Project Labor Agreement Mandate Unlawful

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Judge Ryan T. Holte of the U.S. Court of Federal Claims ruled on Jan. 19, 2025, in favor of federal contractors who challenged a requirement to enter into a collective bargaining agreement with labor organizations regarding...more

Genova Burns LLC

Federal Contractors Get Relief from PLA and DEI Requirements

Genova Burns LLC on

This past week, employers received two reprieves from mandatory conditions before winning federal contracts. On January 21, 2025, Federal Claims Court Judge Ryan T. Holte ruled that President Biden’s 2022 Executive Order that...more

Cozen O'Connor

U.S. Court of Federal Claims Finds Project Labor Agreements Violate the Competition in Contracts Act

Cozen O'Connor on

On January 21, 2025, Judge Ryan T. Holte of the U.S. Court of Federal Claims issued a decision finding now former-President Biden’s February 4, 2022, Executive Order 14063 (EO) and the resulting Federal Acquisition...more

Schwabe, Williamson & Wyatt PC

Federal Court Invalidates President Biden’s Mandatory PLA Requirements on Federal ‎Projects Over $35 Million

On January 21, 2025, the Court of Federal Claims issued an order that, in effect, invalidates President Joe Biden’s February 4, 2022 Executive Order (14063) and 48 C.F.R. Subpart 22.5, Use of Project Labor Agreements for...more

Cohen Seglias Pallas Greenhall & Furman PC

Court Rules that PLAs Violate the Competition in Contracting Act

Project Labor Agreements (PLAs) have been controversial in the construction industry. On January 21, 2025, the United States Court of Federal Claims issued a ruling in MVL USA, Inc. et al. v. The United States that found that...more

Spilman Thomas & Battle, PLLC

The Site Report - Construction Industry Insights, Issue 12, December 2024

Welcome to our year-end issue of The Site Report! As always, the construction industry is ever-changing and is impacted by extreme weather, new technology, labor issues, material and supply chain restraints, and code changes....more

Schwabe, Williamson & Wyatt PC

Kotek Signs Executive Order Mandating PLAs on State Projects

On December 19, 2024, Oregon Governor Tina Kotek publicly announced Executive Order No. 24-31 (“PLA Executive Order”), requiring Project Labor Agreements (PLAs) on nearly all state construction projects in Oregon. Here’s a...more

Proskauer - Labor Relations Update

President Biden Signs Executive Order Directing Agencies to Prioritize Pro-Union and Union Neutrality Policies

On September 6, 2024, President Biden signed an Executive Order on Investing in America and Investing in American Workers (the “Order”), that, among other things, aims to provide “incentives for federally assisted projects...more

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

Beltway Buzz - August 2024 #3

The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C., could impact your business....more

Wiley Rein LLP

OMB Broadly Updates Grant Guidance

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On April 22, 2024, the Office of Management and Budget (OMB) issued a final rule broadly revising sections of OMB Guidance for Grants and Agreements, following review and consideration of the comments received in response to...more

Smith Anderson

Project Labor Agreements - What Was Optional is Now Mandatory

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In February 2022, President Biden signed Executive Order 14063, Use of Project Labor Agreements for Federal Construction Projects, which mandated the use of Project Labor Agreements (“PLA”) for federal construction contracts...more

Husch Blackwell LLP

2024 Project Perspectives: Exploring Trends and Developments in Alternative Project Delivery

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P3s are in a constant state of flux as project owners and participants continue to innovate, striking upon new ways to bring much-needed infrastructure online. In this, our seventh annual report covering public-private...more

Jackson Lewis P.C.

Percentage of Construction Industry Workers in a Union Continues to Decline

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According to an Associated Builders and Contractors analysis, the percentage of construction workers who belong to a union dropped to a record low of 10.7 percent in 2023. This is the latest in a generational shift. Over the...more

Davis Wright Tremaine LLP

New $20 Minimum Wage Requirement for California Fast Food Workers Coming April 1, 2024

Beginning April 1, 2024, California's minimum wage for fast food employees will increase to $20 per hour. This change is the result of Governor Newsom signing AB1228 (also known as the Fast Food Franchisor Responsibility Act)...more

Snell & Wilmer

2024 Labor & Employment Law Updates for the Construction Industry

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The New Year often means new labor and employment laws for the construction industry, 2024 is no exception. Federal agencies have been especially active. The Federal Acquisition Regulatory Council, the National Labor...more

Sheppard Mullin Richter & Hampton LLP

San Diego City Council Approves Union-Friendly Citywide Project Labor Agreement Restricting Most City Construction Projects

On January 30, 2024, the San Diego City Council approved an ordinance implementing Mayor Todd Gloria’s proposal to establish an extensive project labor agreement (“PLA”), which is slated to impose various conditions and...more

Schwabe, Williamson & Wyatt PC

Contractor Association Files Suit to Halt Biden’s Federal PLA Mandate

January 12, 2024 Shareholder Shareholder Shareholder On January 10, 2024, Associated General Contractors of America and the Louisiana Associated General Contractors filed suit to enjoin President Biden’s Executive Order 14063...more

Holland & Knight LLP

Project Labor Agreement Requirement for Large-Scale Construction Becomes Effective Jan. 22

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As enacted by the Biden Administration in February 2022, Executive Order (EO) 140631 and its implementing final rule2 require that all awardees of federal construction contracts for which the total estimated cost of the...more

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