News & Analysis as of

Wage and Hour Construction Industry

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

PilieroMazza PLLC

Call It What It Is: D.C. Cracks Down on Employee Misclassification in Construction

PilieroMazza PLLC on

Employee misclassification is an area of employment law that has steadily become a prominent subject of litigation in recent years. The decision of whether a specific worker is properly identified as an employee or...more

Troutman Pepper

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

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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.

How Construction Employers Can Avoid Common Wage & Hour Claims

Jackson Lewis P.C. on

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

Amundsen Davis LLC

Federal Court Invalidates Parts of the US DOL’s Davis-Bacon Act (DBA) Rule – Particularly Impacting the Transportation of Supplies...

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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

DirectEmployers Association

OFCCP Week in Review: July 2024

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

Cozen O'Connor

Federal Judge Blocks Portions of Department of Labor Rulemaking on Davis-Bacon Act

Cozen O'Connor on

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

Ogletree, Deakins, Nash, Smoak & Stewart,...

Arizona Court Nullifies Two City Ordinances on Prevailing Wage

The Superior Court of Arizona recently confirmed that state law preempts two local ordinances in Phoenix and Tucson that were set to take effect on July 1, 2024, and would have required construction companies that contract...more

Jackson Lewis P.C.

Court Enjoins Key Provisions of Davis-Bacon Prevailing Wage Final Rule for Construction Contractors

Jackson Lewis P.C. on

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

Kilpatrick

Reign It In: Federal Court Enjoins DOL's Expansion of Davis-Bacon Coverage

Kilpatrick on

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

PilieroMazza PLLC

Construction Industry Wage-and-Hour Issues: 6 Tips for Laying a Foundation of Compliance

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The construction industry feeds a significant part of the U.S. economy, providing millions of short- and long-term jobs across the country on an annual basis. Since the passage of the Infrastructure Investment and Jobs Act in...more

Fox Rothschild LLP

Independent Contractors And Workers’ Compensation Coverage—Never The Twain Shall Meet?

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I read an interesting article by Richard Reibstein of Locke Lord on a thorny issue that I have encountered numerous times. That is whether an employer can cover individuals it deems “independent contractors” under its...more

Guidepost Solutions LLC

H-2B Visa: 3 Must Knows for Employers

Each year the Department of Homeland Security (DHS) oversees the administration of the H-2B program that provides up to 66,000 visas for non-citizen workers to enter the United States to fill jobs in non-agricultural seasonal...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Washington State and Seattle Paid Sick and Safe Leave Updates

The first quarter of 2024 has brought multiple updates to the State of Washington’s and the City of Seattle’s respective paid sick leave laws, addressing concerns for commercial construction workers, app-based gig economy...more

Jackson Lewis P.C.

Percentage of Construction Industry Workers in a Union Continues to Decline

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According to an Associated Builders and Contractors analysis, the percentage of construction workers who belong to a union dropped to a record low of 10.7 percent in 2023. This is the latest in a generational shift. Over the...more

Smith Anderson

Major Changes Now in Effect to Davis-Bacon and Related Acts

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For the first time in almost 40 years, the U.S. Department of Labor (“DOL”) has finalized comprehensive changes to regulations covering the Davis-Bacon Act (“DBA”) and 70 “DBA Related Acts,” federal wage regulations that...more

Miller Nash LLP

Washington Paid Sick Leave Alert: Construction Worker Definition Clarified by Washington Legislature

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“You keep using that word. I do not think it means, what you think it means.” – Inigo Montoya, The Princess Bride You may recall our alert just this January regarding a change to the sick leave rules that was uniquely...more

Miller Canfield

Michigan Adopts New Prevailing Wage Requirements for Public School Construction Projects

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Michigan’s new Prevailing Wage for State Projects Act (the “Act”) became effective on February 13, 2024, and is substantially similar to a prior statutory prevailing wage requirement which was repealed in 2018. The Act...more

Perkins Coie

Sick Leave Payout Rule for Washington Construction Workers Takes Effect

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Certain construction workers and other employees in the construction industry must be paid the entire balance of accrued and unused paid sick leave if those workers separate from employment before they reach their 90th day of...more

DCI Consulting

[Webinar] 2024 Expert Summit for Employment Attorneys - February 28th, 2:30 pm EST

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DCI Consulting is excited to present its second annual Expert Summit for Employment Attorneys. DCI is providing this Expert Summit as a service to the legal community. The webinars that comprise the Expert Summit will focus...more

Spilman Thomas & Battle, PLLC

Department of Labor Publishes Final Rule on Independent Contractors Under the Fair Labor Standards Act

On Tuesday, January 9, 2024, the Department of Labor (“DOL”) announced its final rule on independent contractors under the Fair Labor Standards Act (“FLSA”). This final rule will be important to entities, including...more

Spilman Thomas & Battle, PLLC

The Site Report - Construction Industry Insights, Issue 1, January 2024

We are excited to kick off 2024 with more in-depth insights into the construction industry and legal issues that can impact your business. Our goal is to provide the most up-to-date information along with our thoughts and...more

Brownstein Hyatt Farber Schreck

New Nevada Wage Laws Will Impact Public Works Contractors

Public works projects are a significant source of work for Nevada construction contractors. As the new year approaches, public works contractors will need to adjust their hiring and recordkeeping practices for each project to...more

Fisher Phillips

Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

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When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,...more

Schwabe, Williamson & Wyatt PC

OP-ED: A Revamp of Federal Regulations: Davis-Bacon Act Updates

In August, the United States Department of Labor issued the most comprehensive updates to the Davis-Bacon and Related Acts in more than 40 years. The final rule went into effect on Oct. 23. Originally enacted in 1931,...more

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