Legal Alert | Reign It In: Federal Court Enjoins DOL's Expansion of Davis-Bacon Coverage
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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
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
Employer wage and hour violations of the Fair Labor Standards Act (FLSA) and other applicable state laws are some of the most frequent in the construction industry. They are often the costliest an employer can make. However,...more
The Inflation Reduction Act (the IRA) awards renewable energy tax credits1 for creating (or investing in) property that produces or generates renewable energy and clean energy fuels. Those credits are enhanced if the...more
On June 18, 2024, the Department of the Treasury (the “Treasury”) and the Internal Revenue Service (the “Service”) issued final regulations (T.D. 9998) (the “Final Regulations”) regarding compliance with the prevailing wage...more
I have closely followed the new initiative by the USDOL on its changing in a dramatic way the manner in which prevailing wage rates are determined. That effort, however, has, for the moment, come to an end as a federal judge...more
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
On June 28, 2024, the Supreme Court of the United States (SCOTUS) issued its decision in Loper Bright Enterprises v. Raimondo, which put an end to Chevron Deference. Chevron Deference was a doctrine that required courts to...more
As covered in our prior alerts, the Inflation Reduction Act modified and reinstated existing renewable energy credits, enacted new renewable energy credits, and included a mechanism for certain tax credits to increase by a...more
The decision to overrule Chevron will likely have impacts on government contracting. A vast array of government contracting regulations that control contracts, such as Davis-Bacon Act requirements, Service Contract Act...more
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
The U.S. District Court for the Northern District of Texas granted a preliminary injunction against sections of the U.S. Department of Labor’s recently issued Davis-Bacon Act regulation amendments. The Court enjoined the...more
The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment. - Federal Judge Temporarily Blocked Portions of USDOL Rule Setting New Formula for...more
On Monday, June 24, 2024, a federal judge for the US District Court for the Northern District of Texas (the Court) instituted a nationwide injunction on the enforcement of portions of the US Department of Labor’s (DOL) 2023...more
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
On June 24, 2024, a federal judge in Texas issued a nationwide injunction to block parts of the Department of Labor’s recent regulations updating Davis-Bacon prevailing wage requirements on federally funded construction...more
On June 24, 2024, Judge Sam R. Cummings of the U.S. District Court for the Northern District of Texas enjoined part of a U.S. Department of Labor (“DOL”) Rule altering the Davis-Bacon Act. In his opinion, Judge Cummings held...more
On June 18, 2024, the U.S. Treasury Department and the Internal Revenue Service (IRS) published final regulations implementing the prevailing wage and apprenticeship requirements for clean energy tax credits for construction...more
A Federal District Court in Texas struck down portions of the Department of Labor’s (DOL) revisions to the Davis-Bacon Act Regulations, effectively reducing the scope of work that will be subject to Davis-Bacon Act wages....more
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
On June 24, a U.S. District Judge blocked portions of the Department of Labor’s (DOL) new rule updating the Davis-Bacon and Related Acts Regulations (DBRA). The DBRA covers all federally funded public works projects valued at...more
I have defended more than one hundred Davis Bacon Act and state prevailing wage cases. This is a much nuanced area of law with many minefields for the unwary employer, one of which is the issue of what trade or craft to pay...more
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