The U.S. Department of Labor’s massive final rule “” takes effect on all new contracts awarded on and after October 23, with limited exceptions.
Contractors currently bidding contracts covered under Davis-Bacon and Related Acts should consider changes to existing requirements as well as new ones.
To help ѻý members understand the rulemaking, please find the following ѻý resources below:
- A one-page document providing the topline takeaways of the final rule here;
- A seven-page document summarizing in more detail key provisions of the final rule here;
- A October 10 webinar providing a practical understanding of the rule (see and powerpoint presentation)
In addition, ѻý held a private, member-only virtual update on the changes with the DOL on September 6. The Department later held webinars on the changes as well (see and ). For more DOL resources, .
ѻý objected to many provisions in the proposed rule, especially those that would expand “site of work” provisions to include more off-the-jobsite workers under Davis-Bacon requirements. Unfortunately, DOL did not resolve ѻý’s objections in the final rule and, in fact, added more uncertainty when it comes to truck driver coverage and contractors using their own material supply operations on covered projects, among other things.
ѻý is preparing a narrowly tailored lawsuit to challenge such provisions in the final rule because DOL exceeded the authority Congress granted it under the Davis-Bacon Act and acted in an arbitrary and capricious manner. The filing of that lawsuit is imminent. Nevertheless, ѻý members should be prepared to comply with the final rule.
ѻý will provide more information as soon as it becomes available.
For more information, contact Claiborne Guy at claiborne.guy@agc.org or 703-837-5382.