News & Analysis as of

Contractors Department of Labor (DOL) Subcontractors

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

Troutman Pepper

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

Troutman Pepper on

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

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

Cozen O'Connor

Back Again: U.S. Department of Labor Issues Final Rule on Nondisplacement of Qualified Workers

Cozen O'Connor on

The U.S. Department of Labor’s Nondisplacement of Qualified Workers Under Service Contracts Rule is back. After publication as a final rule in December 14, 2023, the Rule is now in effect and will apply to all new Service...more

Woods Rogers

New Federal Proposed Rule Addressing “Pay Equity and Transparency in Federal Contracting”

Woods Rogers on

The Biden administration’s Fall 2023 United Agenda of Regulatory and Deregulatory Actions included a variety of near and long term regulatory plans for federal agencies, including regulatory action for pay equity and...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

Kilpatrick

Key Takeaways - Understanding and Complying with the DOL's Recent Updates to the Davis-Bacon Act

Kilpatrick on

Kilpatrick Townsend attorneys Gunjan Talati, Chris Caiaccio, and Drew Williamson, in collaboration with Federal Publication Seminars, presented the webinar titled “Understanding and Complying with the Department of Labor’s...more

Paul Hastings LLP

Treasury Issues Long-Awaited Wage and Apprenticeship Regulations for Energy Tax Credits

Paul Hastings LLP on

The Inflation Reduction Act of 2022 introduced significant changes to the renewable energy tax credit landscape. One of the most notable of these changes, in addition to the broader goals of combating climate change and...more

McNees Wallace & Nurick LLC

DOL Issues Major Updates to Davis-Bacon Regulations

The DOL recently issued a Final Rule that makes significant changes to contractor and subcontractor obligations on federal and federally-assisted construction projects.  Contractors who perform work under projects covered by...more

PilieroMazza PLLC

DOL Finalizes Landmark Changes to Davis-Bacon Act: What Federal Construction Contractors Need to Know

PilieroMazza PLLC on

On August 8, 2023, the Department of Labor (DOL) announced their final rule (Final Rule) revising the Davis-Bacon Act (DBA) and Davis-Bacon Related Acts (Related Acts) regulations. These are the largest and most significant...more

Proskauer - Labor Relations Update

A Change on the Horizon: US DOL Set to Finalize New Prevailing Wage Rules for Construction Industry

During what has already proven to be a very busy month for federal labor law, the U.S. Department of Labor (“DOL”) is poised to implement yet another pivotal change. On August 8, 2023, DOL announced it will soon publish a...more

DirectEmployers Association

OFCCP Week In Review: June 2023 #2

Monday, June 5, 2023: Based on Either An Unannounced OFCCP Policy Change Or Error, OFCCP Published A CSAL Identifying 250 “Construction Contractors” For Audit - Via an email to stakeholders, OFCCP announced the publication...more

Blindauer Law PLLC - Government Contracts...

Government Contracts Inflation Update

In October 2022, I circulated “An In-Depth Examination of Inflation Relief for a Government Contractor[.]”    Much has occurred since.   Inflation remains an acute problem.   In turn, contractors and subcontractors continue...more

Sheppard Mullin Richter & Hampton LLP

Inflation Reduction Act: Wage and Apprenticeship Requirements

President Joe Biden signed into law the Inflation Reduction Act of 2022 (“HR 5376”) (the “IRA” or the “Act”), on August 16, 2022. There are numerous tax credits in the legislation that intend to facilitate access to...more

Husch Blackwell LLP

Nondisplacement of Qualified Workers Under Service Contracts – Proposed Regulations Issued

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As we wrote back in November 2021, the Biden Administration issued Executive Order 14055 reinstating most of the concepts from the Obama Administration era nondisplacement Executive Order 13495....more

Pillsbury Winthrop Shaw Pittman LLP

Department of Labor Proposes Rule to Give Service Employees a Right of First Refusal under Successor Contracts

To avoid displacement of current service employees, the proposed rule will require contractors and their subcontractors to offer qualified employees a right of first refusal of employment under the successor contract. ...more

Bass, Berry & Sims PLC

OFCCP’s New Affirmative Action Program Oversight Tool

Bass, Berry & Sims PLC on

A 2016 Government Accountability Office (GAO) report noted that the Office of Federal Contract Compliance Programs (OFCCP) did not have an official method of validating contractors’ affirmative action plans or programs (AAP)...more

Jackson Lewis P.C.

OFCCP Unveils Upcoming Regulatory Plans in Recently Released Fall 2021 Agenda

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The U.S. Department of Labor, including OFCCP, recently issued its Fall 2021 Regulatory Agenda, which identifies the regulatory goals the Agency would like to achieve during the fiscal year and beyond. While OFCCP may not...more

Schwabe, Williamson & Wyatt PC

President Biden Reinstates a Version of the Nondisplacement of Qualified Workers Under Service Contracts Executive Order

On November 18, 2021, President Biden issued an executive order reinstating a version of the Nondisplacement of Qualified Workers Under Service Contracts executive order that had previously been implemented by President Obama...more

Fox Rothschild LLP

Federal Contractors Beware: Affirmative Action Plan Verification Is 'Coming Soon'

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Over the past several years, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) has been inching towards requiring all covered federal contractors to annually verify whether they have...more

Vinson & Elkins LLP

The Criminal Antitrust Anti-Retaliation Act: Not In It For The Money

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The recent Criminal Antitrust Anti-Retaliation Act (CAARA), to be enforced by the Occupational Safety and Health Administration (“OSHA”), offers protection from retaliation for antitrust whistleblowers who come forward to...more

ArentFox Schiff

Investigations Newsletter: French Concrete Contractor to Pay $3.9 Million FCA Penalty

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French Concrete Contractor to Pay $3.9 Million FCA Penalty - On February 17, 2021, the Department of Justice (DOJ) announced that a French company, COLAS Djibouti SARL, agreed to pay $3.9 million to resolve allegations...more

Jackson Lewis P.C.

Is Your Subcontractor Actually A ‘Labor Broker’?

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Under certain conditions, a purported subcontractor of a general contractor (or higher tier subcontractor) may be found to be a “labor broker” — a supplier of workers — rather than a true subcontractor...more

Morrison & Foerster LLP - Government...

DOD Clarifies Progress Payments Deviation

In one of its earliest moves to shore up cash flow for contractors that may be affected by the COVID-19, the DOD issued a deviation on March 20, 2020, allowed for an increase in progress-payment rates under DOD contracts from...more

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