News & Analysis as of

Wage and Hour Construction Workers

PilieroMazza PLLC

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

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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

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

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

Littler

Effective July 1, Minnesota Employers Face Increased Scrutiny and Possible Liability for Using Independent Contractors Versus...

Littler on

Governor Tim Walz has signed into law significant changes to Minnesota’s independent contractor and employment laws.  Effective July 1, all employers, as well as their owners, risk significantly increased penalties for...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

Mayer Brown

Legal Developments in Construction Law: March 2024

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NEGATIVE CERTIFICATE AND OVERPAYMENT: CAN AN EMPLOYER GET ITS MONEY BACK? An adjudicator ruled that a contractor had been overpaid on an interim payment cycle and should repay the overpayment to the employer. In...more

Miller Nash LLP

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

Miller Nash LLP on

“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

Hall Benefits Law

EEOC, DOL Issue 2024 Regulatory Agendas

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As part of the Biden administration’s Fall 2023 Regulatory Plan, the U.S. Equal Employment Opportunity Commission (“EEOC”) and the U.S. Department of Labor (“DOL”) have released their 2024 regulatory agendas....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

Whitcomb Selinsky, PC

DBA Applicability in CHELCO Privatization Contract Challenged, Upheld

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In a recent case, a dispute arose between Choctawhatchee Electric Cooperative, Inc. (CHELCO) and the Administrator of the Wage and Hour Division over the Davis-Bacon Act's (DBA) applicability to a contract for the...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

Whitcomb Selinsky, PC

The Significance of Worker Classification under the Davis-Bacon Act

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Arbitration and Worker Classification - In a recent court opinion from the United States Court of Appeals, Tenth Circuit, an essential dispute arose between the International Brotherhood of Electrical Workers, Local 113...more

Whitcomb Selinsky, PC

A Dispute Over Prevailing Wage Rates: Ironworker Classifications in the Spotlight

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The District Council of Iron Workers vs. the Wage and Hour Division: A Dispute Over Prevailing Wage Rates for Ironworker Classifications- In a case between the District Council of Iron Workers of the State of California...more

Whitcomb Selinsky, PC

Fair Wages and Worker Protection in Federal Construction Projects

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Fair Compensation and Working Protection for the Pacific Bay Vista Renovation Project - Selco Air Conditioning, Inc. (Selco), a reputable company specializing in air conditioning systems, found itself in a significant...more

Whitcomb Selinsky, PC

Safeguarding Fair Compensation: Unpaid Wages in Construction

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In a recent legal battle that resonates within the construction industry, a group of diligent construction workers stood up for their rights to unpaid wages and overtime compensation. Anchoring their claims on federal...more

Whitcomb Selinsky, PC

The Davis-Bacon Act: Ensuring Fair Wages in Construction Projects

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Preventing Wage Undercutting and Ensuring Fair Treatment for Construction Workers - Construction projects involve planning, organizing, and executing activities to create or renovate structures and infrastructure such as...more

Whitcomb Selinsky, PC

Ensuring Fair Wages for Construction Workers: The Davis-Bacon Act

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In the realm of labor standards and fair compensation, the Davis-Bacon Act occupies a pivotal position as a federal legislation aimed at safeguarding the rights of construction workers....more

Whitcomb Selinsky, PC

Court of Appeals Upholds Davis-Bacon Act in Recent Ruling

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Amidst a heated legal battle between Abhe & Svoboda, Inc. and the Department of Labor (DOL) over alleged violations of the Davis-Bacon Act, a pivotal ruling has been handed down by the United States District Court for the...more

Schwabe, Williamson & Wyatt PC

Davis-Bacon Act Regulation Updates: Payment of Minimum Wages‎

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

Whitcomb Selinsky, PC

Changes to Wage Determinations: Enhancing Efficiency and Accuracy

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definition of "area" to include multi-county project - Davis-Bacon Act - The Department of Labor is currently engaged in discussions regarding proposed changes to the definition of "area" for multi-county project wage...more

Seyfarth Shaw LLP

Construction Industry Groups Challenge DOL’s New DBRA Regulations

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Less than a month after taking effect, the Department of Labor’s (“DOL”) broad changes to the regulations implementing Davis-Bacon and Related Acts (“DBRA”) are facing legal challenges in two federal courts. These newly-filed...more

Whitcomb Selinsky, PC

Changes To Davis Bacon Act

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In the document, there is a discussion about the recent updates made to the Davis-Bacon and Related Acts (DBRA) regulations. The Department of Labor (DOL) is the agency responsible for overseeing these regulations, with a...more

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