Davis-Bacon Act

News & Analysis as of

Davis-Bacon CityCenterDC Case

In a recent decision out of the U.S. District Court for the District of Columbia, Judge Amy Jackson held that the Davis-Bacon Act (“Davis-Bacon”) did not apply to a privately-funded development of privately-maintained...more

New Executive Order to Increase Minimum Wage Under Future U.S. Government Service Contracts and Subcontracts

As promised in his recent State of the Union Address on February 12, 2014, President Obama signed an executive order to increase to $10.10 the hourly minimum wage paid to federal contractors and subcontractors. The Executive...more

SOTU "Minimum Wage" Announcement: What Does It Mean?

Considerable concern and confusion has arisen from President Obama's State of the Union announcement that he will raise the minimum wage for individuals working on federal contracts to $10.10 per hour. Until it is possible to...more

Senate Report Urges Compliance-Based Government-Contract Awards

The U.S. Senate's Committee on Health, Education, Labor, and Pensions has released a report concluding that there are "widespread labor law violations among major government contractors." The publication, entitled "Acting...more

“There’s a DOL Investigator at My Place of Business … What Do I Do?” Five Tips on How to Deal When the DOL Comes Knocking

Every year, the Wage and Hour Division of the U.S. Department of Labor and its state counterparts (which we will collectively refer to here as the “DOL”) amplify their efforts to enforce wage and hour laws, such as the Fair...more

Post-Sandy Reconstruction: What Contractors Need to Know When Bidding for and Performing Work

As businesses in New York and New Jersey gear up for Superstorm Sandy reconstruction work, they should be keenly aware of the federal wage mandates known as the Davis-Bacon and Related Acts and state wage mandates known as...more

Contractors Beware: Raising The Stakes In Davis-Bacon Compliance

A recent decision by a Pennsylvania district court lends support for a growing trend of filing claims under the Federal False Claims Act based on allegations that contractors on federally funded construction projects...more

It’s Confirmed Again—Davis-Bacon Has No Private Right of Action

In Carrion v. Agfa Construction, Inc., the Second Circuit Court of Appeals recently reaffirmed its prior interpretation that there is no private right of action under the Davis-Bacon Act (DBA) to recover prevailing wage or...more

Second Circuit Reaffirms That Private Prevailing Wage Claims Are Barred By Davis-Bacon Act

Carrion v. Agfa Construction, Inc., Nos. 11-5098, 11-5334 (2d. Cir. June 13, 2013): On appeal from an order by District Judge Brian M. Cogan in the U.S. District Court for the Eastern District of New York, the...more

Workers, Wages and Wage Assessments: California Labor Commissioner Cracks Down on Prevailing Wage Violations

Don’t mess with the California Labor Commissioner. Seriously. Don’t. Julie Su, California’s Labor Commissioner, has been making headlines recently as California’s Division of Labor Standards Enforcement...more

Second Circuit Reaffirms Preemptive Scope Of The Davis-Bacon Act

Last week the Second Circuit issued an opinion reaffirming that the Davis-Bacon Act preempts state law claims by workers to enforce prevailing wage rates as third-party beneficiaries to a contract....more

Construction And Procurement Law News- 2012 Fourth Quarter

In this issue: - Ninth Circuit: Underbids Can Constitute False Claims - State Courts Limit CGL Coverage for Property Damage Arising From Defective Construction - Construction Contractor Prevails in...more

Don't Get Fried by Davis-Bacon

Web sites abound advising employees they can make “millions” by blowing the whistle on their employers for alleged violations of laws, rules, or regulations. The federal law known as the False Claims Act (FCA) also contains...more

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