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
5/13/2024
/ Commercial Real Estate Market ,
Coronavirus/COVID-19 ,
Davis-Bacon Act ,
Department of Labor (DOL) ,
Electric Vehicles ,
Energy Projects ,
Federal Contractors ,
Higher Education Act ,
Inflation Reduction Act (IRA) ,
Infrastructure Investment and Jobs Act (IIJA) ,
Labor Shortage ,
Prevailing Wages ,
Private Activity Bonds ,
Project Delivery Methods ,
Project Labor Agreements ,
Public Private Partnerships (P3s) ,
Risk Management ,
Tax Credits ,
Transportation Industry ,
Wage Determinations (WDs)
Developers of renewable energy projects generally haven’t concerned themselves with the Davis-Bacon Act, the Great Depression-era federal law that mandates the paying of prevailing wages to laborers on public works projects;...more
8/31/2023
/ Construction Industry ,
Construction Project ,
Construction Site ,
Davis-Bacon Act ,
Department of Labor (DOL) ,
Energy Projects ,
Federal Contractors ,
Federal Register ,
Inflation Reduction Act (IRA) ,
Prevailing Wages ,
U.S. Treasury ,
Wage and Hour
For the first time in 40 years, the Department of Labor (DOL) updated its interpretation and implementation of the Davis-Bacon and Related Acts in new final rules. DOL’s new final rules concerning the prevailing wages and...more
8/31/2023
/ Anti-Retaliation Provisions ,
Bureau of Labor Statistics ,
Construction Industry ,
Construction Project ,
Davis-Bacon Act ,
Department of Labor (DOL) ,
Federal Contractors ,
Federal Funding ,
Fringe Benefits ,
Inflation Reduction Act (IRA) ,
Material Suppliers ,
Prevailing Wages ,
Prime Contractor ,
Recordkeeping Requirements ,
Related Acts Clauses ,
Service Contract Act ,
Suspensions & Debarments ,
Wage and Hour
UPDATE: On February 14, 2023, OFCC announced it was extending the February 17, 2023 deadline to file objections to the disclosure of Type 2 EEO-1 data. The new deadline to submit objections is March 3, 2023.
On or about...more
On or about February 7, 2023, OFCCP updated its announcement regarding the OFCCP list of 13,520 federal contractors (List of Non-Objectors or List) that have not objected to the release of their Type 2 EEO-1 data for the...more
The Office of Federal Contract Compliance Programs (OFCCP) has made several announcements, including Directives, Notices, and Proposals in their quest to embark on initiatives that significantly impact federal contractors’...more
As we wrote back in November 2021, the Biden Administration issued Executive Order 14055 reinstating most of the concepts from the Obama Administration era nondisplacement Executive Order 13495....more
7/21/2022
/ Acquisitions ,
Anti-Retaliation Provisions ,
Back Pay ,
Contractors ,
Department of Labor (DOL) ,
Executive Orders ,
Federal Contractors ,
Job Offers ,
Joe Biden ,
Prime Contractor ,
Proposed Regulation ,
Service Contract Act ,
Subcontractors ,
Suspensions & Debarments ,
Willful Violations
In a case of first impression, the U.S. Court of Appeals for the Federal Circuit recently ruled in SEKRI, Inc. v. U.S., No. 21-1936 (May 13, 2022), that a non-profit agency that was the sole mandatory source for a specific...more
In part I of this series, The Labor Law Insider Podcast host Thomas Godar is joined by fellow Husch Blackwell attorneys Michael Schrier and Rufino Gaytán. This episode of The Labor Law Insider Podcast explores the federal...more
On February 4, 2022, President Biden issued Executive Order 14063, requiring certain federal construction contractors and subcontractors “to negotiate or become party to a project labor agreement with one or more appropriate...more
When Congress enacted the National Defense Authorization Act for Fiscal Year 2020 in December 2019, Congress included the Fair Chance to Compete for Jobs Act of 2019 (the Act). The Act, in relevant part, restricts federal...more
On December 7, 2021, the U.S. District for the Southern District of Georgia, in Georgia v. Biden, No. 1:21-cv-163, granted a preliminary injunction that temporarily stayed the Biden administration's vaccine mandate for...more
On November 30, 2021, the United States District Court for the Eastern District of Kentucky, in Kentucky v. Biden, et al., No. 3:21-cv-00055, granted a preliminary injunction limiting the enforcement of the federal vaccine...more
As predicted, another Obama Administration “oldie but goodie” has made a return in the Biden Administration. On November 18, 2021, President Biden issued a new Executive Order entitled “Executive Order on Nondisplacement of...more
There are new developments regarding the federal contractor COVID mandate as of November 10, 2021. The most important is that the deadline for compliance appears to have been pushed back from December 8, 2021 to January 18,...more
Executive Order 14042 (Ensuring Adequate COVID Safety Protocols for Federal Contractors), the resulting guidance and the recent array of class deviation contract clauses create interesting and novel federal contract...more
11/1/2021
/ Best Practices ,
Continuing Legal Education ,
Coronavirus/COVID-19 ,
Employee Retention ,
Employer Mandates ,
Executive Orders ,
Federal Contractors ,
Flow Down Clause ,
Government Agencies ,
Human Resources Professionals ,
Masks ,
New Guidance ,
Noncompliance ,
OSHA ,
Penalties ,
Religious Exemption ,
Social Distancing ,
Subcontractors ,
Vaccinations ,
Webinars ,
Workplace Safety
President Biden’s September 9, 2021 Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors, directs the federal Safer Federal Workforce Task Force (“Task Force”) to develop COVID-19 workplace...more
9/28/2021
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Covered Employees ,
Documentation ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Employees ,
Joe Biden ,
Masks ,
OSHA ,
Religious Exemption ,
Service Contract Act ,
Social Distancing ,
Subcontractors ,
Vaccinations
On April 27, 2021, President Biden issued a new Executive Order that raises the federal contractor minimum wage to $15 per hour, from the current $10.95 per hour, starting January 30, 2022...more