Latest on the Davis-Bacon Lawsuit

On August 22, the U.S. Department of Labor (DOL) officially filed a notice of their intent to appeal the recent motion for a nation-wide preliminary injunction blockingthe provisions being challenged by AGC to the DOL's expansion of Davis Bacon coverage. Pending any further action in court, the nation-wide injunction remains in place. AGC originally fileda narrowly tailored lawsuit in federal court against the U.S. Department of Labor, challenging the agency's unlawful expansion of Davis Bacon coverage to:

• Truck drivers; and
• Material suppliers owned and operated by general contractors or subcontractors.

In addition, the association also challenged the retroactive imposition of Davis Bacon requirements where they applied but owners forgot to include them in the contract and is also temporarily halted by this ruling. All of these are provisions of the massive U.S. DOL Davis Bacon final rule that took effect on new contracts on or after October 23.

For AGC's original press release on the lawsuit and to view the lawsuit complaint, click here.

For more info, contact Claiborne Guy, Director, Employment Policy and Practices, at (703) 837-5382.