Davis-Bacon Act

News & Analysis as of

Weekly Update Newsletter - November 2014

DoD Issues Proposed Rule to Amend DFARS Inflation Adjustment of Acquisition- Related Thresholds (DFARS Case 2014-D025) - The Department of Defense (DoD) issued a proposed rule to amend the Defense Federal Acquisition...more

Department of Labor Publishes Final Rule to Raise Minimum Wage for Certain Federal Contractors and Subcontractors

The U.S. Department of Labor issued final regulations on October 1, 2014 to implement Executive Order 13658, Establishing a Minimum Wage for Contractors. President Obama signed the Executive Order on February 12, 2014. The...more

Minimum Wage Rising for Workers on Federal Contracts

A new federal rule raises the minimum wage for employees working on federal contracts from $7.25 per hour to $10.10 per hour. The rule will affect employees working under contracts issued for solicitation starting on or after...more

Cha-Ching! New Minimum Wage for Federal Contractors Officially Effective on January 1, 2015

For federal contractors and their subcontractors, the Administration continues to add new requirements and standards they must meet in order to transact with the U.S. Government. Yet another such requirement recently joined...more

Contractor Working On Federally-Funded Solar Project Settles Davis-Bacon Act Claims for $1.9 Million

On October 23, the Department of Labor reported that Proimtu Mmi-Nv LLC, a Nevada-based company, agreed to pay $1.9 million in back wages and fringe benefits as the result of a DOL investigation of its compliance with the...more

Final Rule Issued for $10.10 Minimum Wage for Federal Contractors

In February 2014, President Obama issued Executive Order 13658 to raise the minimum wage for federal construction and service contractors to $10.10 for all employees. Executive Order 13658 instructed the Department of Labor...more

U.S. Department of Labor Announces Final Rule Raising Minimum Wage for Federal Contract Workers

On October 1, 2014, the U.S. Department of Labor announced that it would publish a final rule implementing the provisions of President Obama's Executive Order 13658 to raise the minimum wage for employees of federal...more

U.S. Department of Labor Issues Final Rule Implementing Executive Order 13658 (Minimum Wage for Certain Federal Contractors)

On October 1, the U.S. Department of Labor announced the issuance of its final rule implementing Executive Order 13658, which establishes a minimum wage requirement for certain federal contractors. The final rule was...more

Federal Contractors Beware – Part 3

Federal contractors beware. More changes are coming your way, again. On July 31, 2014, President Obama issued an executive order titled the “Fair Pay and Safe Workplaces Executive Order”. First, the order requires companies...more

New Executive Order Places Additional Reporting Obligations on Government Contractors and Creates an Additional Weapon in the...

On July 31, 2014, President Obama signed the Fair Pay and Safe Workplaces Executive Order, which requires both government contracting officers and government contractors to track and coordinate contractor and subcontractor...more

Executive Order May Block Contractors with Labor Violations from Receiving Federal Contracts

On July 31, 2014, President Obama signed the Fair Pay and Safe Workplaces Executive Order (“Executive Order”) that requires contractors to (1) disclose recent violations of various workplace laws before being awarded federal...more

Executive Order Requires Reporting Labor Law Violations and Prohibits Arbitration Agreements

As part of President Obama's "Year of Action," President Obama recently announced the Fair Pay and Safe Workplaces Executive Order (the "Executive Order"). The Executive Order will require prospective federal...more

New Proposed Regulations Implementing Minimum Wage Increases on Federal Contractors

On June 18, 2014, the Department of Labor issued proposed regulations to implement President Obama’s Executive Order raising the minimum wage to $10.10 per hour for many workers of federal contractors, and to $4.90 per hour...more

DOL Issues Proposed Rule to Implement Federal Contractor Minimum Wage Rate

As prior blog entries (see here and here) have explained, on February 12, 2014, President Obama signed Executive Order 13658 to increase the hourly minimum wage for employees of federal contractors and subcontractors to...more

DOL Issues Proposed Rule On New Minimum Wage For Some Federal Contractors

Today the U.S. Department of Labor issued its Notice of Proposed Rulemaking to implement the new minimum wage for certain federal contractors based on the Executive Order that President Obama signed on February 12. The Notice...more

Proposed Federal-Contractor "Minimum Wage" Regulations Released

The U.S. Labor Department has released its proposed regulations implementing Executive Order 13658, President Obama's directive to raise the minimum-wage rate for workers on federal contracts from $7.25 per hour to $10.10 per...more

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

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