News & Analysis as of

Wage and Hour Public Projects

Smith Anderson

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

Smith Anderson on

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 Canfield

New Prevailing Wage Requirements for Charter School Construction Projects

Miller Canfield on

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effective on February 13, 2024, and is substantially similar to a prior statutory prevailing wage requirement which was repealed in 2018. ...more

Littler

Unions Get OK to File Prevailing Wage Claims on Behalf of Workers in New Jersey Regardless of Whether They Are Members

Littler on

On January 8, 2024, Governor Phil Murphy signed S1438 / A5794, which amended New Jersey’s State Prevailing Wage Act to permit unions to file prevailing wage claim suits on behalf of workers on covered projects regardless of...more

Whitcomb Selinsky, PC

Addressing Concerns: Changes to the Davis-Bacon Act Regulations

Whitcomb Selinsky, PC on

Addressing Commentor Concerns Davis-Bacon Act The Department of Labor received several comments in response to the proposal for changes to the Davis-Bacon Act. Many commenters expressed support for the proposal while others...more

Hinckley Allen

False Claims Act Judgment Entered Against Massachusetts Contractor for Submission of Subcontractor’s Fraudulent Payroll Records on...

Hinckley Allen on

On November 1, 2023, the Massachusetts Office of Attorney General (“AG”) issued a press release announcing the issuance of a judgment against a local contractor arising out of its subcontractor’s failure to pay prevailing...more

Bodman

Michigan Re-Institutes Prevailing Wage Law

Bodman on

Michigan has reinstated its prevailing wage law, which requires the payment of wages to employees working on state-funded projects at the “prevailing wage in the locality.” This requirement was previously in place from 1965...more

Miller Canfield

Michigan Court of Appeals Strikes Down Local Ordinance Mandating Contractors Pay Prevailing Wage Rates

Miller Canfield on

​​​​​​​Can a Michigan municipality require contractors to pay union-level wages when they are awarded government contracts? On December 8, 2022, a 3-0 panel of the Michigan Court of Appeals answered the question in the...more

DirectEmployers Association

OFCCP Week In Review: March 2022 #2

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Bodman

Prevailing Wage Reinstated for State Contracts

Bodman on

On Thursday, October 7, 2021, three years after Michigan’s prevailing wage law was repealed, prevailing wage has been reinstated for certain state contracts. ...more

Williams Mullen

New Virginia Prevailing Wage Law Now in Effect For State Contractors

Williams Mullen on

On May 1, 2021, the Virginia Prevailing Wage Law (the “Law”), also referred to as the “Little Davis-Bacon Act,” became effective. The Law requires contractors and subcontractors working under any public contract over $250,000...more

PilieroMazza PLLC

Building Compliance: Construction Industry Concerns Under FCA

PilieroMazza PLLC on

The Department of Justice (DOJ) has settled and obtained judgments in excess of $2.8 billion for false claims against the government last year. Over $2.1 billion of these cases arose from lawsuits filed under the qui...more

Snell & Wilmer

The Impact of Assembly Bill 136 and Senate Bill 231 on Nevada Contractors

Snell & Wilmer on

Last month, Governor Sisolak took to Twitter to celebrate signing two construction-related bills that he claims will “right anti-worker wrongs”: Assembly Bill 136 and Senate Bill 231. While Sisolak predicts that the bills...more

Amundsen Davis LLC

Prevailing Wage Law: An Effective Sword Of Labor Unions To Hurt Their Enemies In The Public Bid Process

Amundsen Davis LLC on

Having handled countless prevailing wage disputes, the local, state or federal administrative agency assigned to administer compliance (i.e. the US Department of Labor) is the only government entity that can lawfully...more

Perkins Coie

State Minimum Wage Law Applies to Charter Cities

Perkins Coie on

The Second District Court of Appeal has held that California’s minimum wage law is a matter of statewide concern and hence applies to charter cities as well as general law cities. Marquez v. City of Long Beach, No. B282270...more

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

Ninth Circuit Asks California Supreme Court to Decide Question That Could Greatly Expand California’s Prevailing Wage Laws

Last week, the U.S. Court of Appeals for the Ninth Circuit in Mendoza v. Fonseca McElroy Grinding Co., Inc., et al., No. 17-15221 (January 15, 2019), requested that the California Supreme Court decide the following question: ...more

Franczek P.C.

The New Year Brings Employee-Friendly Orders and Legislation in Illinois

Franczek P.C. on

J.B. Pritzker assumed the Illinois Governor’s Office on January 14, 2019. By January 15th, Governor Pritzker adopted several Executive Orders and signed into law legislation benefitting Illinois employees. ...more

Snell & Wilmer

Under Construction - December 2017

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Letter from the Editor - Welcome to the final 2017 edition of our Under Construction newsletter. It is hard to believe that 2018 is right around the corner! In this issue, we highlight several topics affecting the...more

Fisher Phillips

The Suspense is Killing Me! What Big Labor Bills Will Make it Off the Suspense File?

Fisher Phillips on

In the California Legislature, bills first are referred to the appropriate policy committee for hearing. Labor bills are referred to the Labor Committee, crime bills are referred to the Public Safety Committee, health bills...more

Benesch

Ohio GOP Bill Would Give Counties, Cities Option on Paying Prevailing Wages

Benesch on

Ohio’s counties and cities would have the ability to decide whether they want to pay state-mandated prevailing wages on taxpayer-funded projects, or allow contractors to bid on projects without such requirements, under a bill...more

Holland & Knight LLP

Davis-Bacon Act Not Applicable to D.C. Public-Private Partnerships

Holland & Knight LLP on

In a sharp rebuke to the Obama Administration's Department of Labor (DOL), a unanimous panel of the U.S. Court of Appeals for the District of Columbia Circuit has ruled that the Davis-Bacon Act does not require payment of...more

Spilman Thomas & Battle, PLLC

West Virginia, “Right-to-Work” and “Prevailing Wage” - What Does This Really Mean for Employers?

Less than a month ago, the West Virginia Legislature overrode the veto of Governor Tomblin to enact the “Workplace Freedom Act” – commonly called the Right-to-Work bill – and eliminated the requirement that state contractors...more

Haight Brown & Bonesteel LLP

2015-2016 California Labor & Employment Laws Affecting Construction Industry

Assembly Bill 219 – Prevailing Wages for Concrete Delivery on Public Projects - AB 219 continues California’s aggressive expansion of prevailing wages. This bill expands the definition of “public works” for purposes of...more

Best Best & Krieger LLP

Charter Cities Challenge Legislation Restricting Access to State Funding Based on Compliance with Prevailing Wage Law

Cities Sue State Calling SB 7 an Unconstitutional Restriction on Municipal Affairs - Several California charter cities challenged the constitutionality of Senate Bill 7 (SB 7) last week by filing a writ of mandate and...more

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