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Davis-Bacon Act Not Applicable to D.C. Public-Private Partnerships

In a sharp rebuke to the Obama Administration's Department of Labor (DOL), a unanimous panel of the U.S. Court of Appeals for the District of Columbia Circuit has ruled that the Davis-Bacon Act does not require payment of...more

No Surprises in Recent Vested Rights Decision: Fry v. City of Los Angeles

The recent decision in Fry v. City of Los Angeles (California Second District Court of Appeal Case No. B259791, March 7, 2016) held, after careful parsing of the language in the City Charter and the applicable City...more

SBA Considers Public Comments on Proposed Size Standard Increases to NAICS Codes 562910 and 541519

According to the pre-publication, the SBA will adopt most of the proposed changes with two key exceptions. The SBA is not increasing the Environmental Remediation Services (“ERS”) exception under NAICS 562910 from 500...more

Summary of HUD’s LEAN 232 Program E-Mail Blast: Office of Residential Care Facilities (ORCF), October 2014

In an effort to summarize the highlights of the U.S. Department of Housing and Urban Development (HUD) LEAN E-mail Blasts that we receive, and rarely have time to review in a timely fashion, we at Pepper are providing this...more

Gov. Brown Proposes New Changes to California Enterprise Zone Program

California Gov, Jerry Brown recently issued his revised budget proposal. In his proposal, Gov. Brown once again targeted the Enterprise Zone program. However, rather than proposing to eliminate the program in its entirety,...more

Your Subdivision May Be a 'Public Work' Subject to Prevailing Wage Laws

A recent appellate decision considered whether Mello-Roos financing constitutes "public financing" under the Labor Code such that the prevailing wage laws apply to a project receiving such financing and, if so, whether a safe...more

Developer Must Pay Prevailing Wages For Privately Financed Public Improvements

California Labor Code sections 1720 et seq. (the Prevailing Wage Law) ("PWL") require employers engaged in public works projects to pay the prevailing wage to their employees if the project is "paid for in whole or in part...more

Legal Alert: Protecting Projects with CFD Financing from Prevailing Wage Requirements

The California Director of Industrial Relations (the "DIR") recently issued a public works coverage determination (the "Determination") that provides valuable insights for developers seeking financing for public...more

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