As part of the first “comprehensive regulatory review” in nearly 40 years, the Department of Labor (DOL) recently proposed to amend, update, and “modernize” the regulations at 29 CFR parts 1, 3, and 5, which implement the Davis-Bacon Act (DBA) and the Davis-Bacon Related Acts (collectively, the DBRA). The background on and an overview of these important revisions to the DOL’s regulations, which set forth rules for the administration and enforcement of the Davis-Bacon labor standards that apply to federal and federally assisted construction projects, are discussed below.
Background
- The DBA, enacted in 1931, requires the payment of locally prevailing wages and fringe benefits on federal contracts for construction (see 40 U.S.C. § 3142). The DBA applies to workers on contracts with federal agencies and the District of Columbia that are in excess of $2,000 for the construction, alteration, or repair of public buildings or public works. Congress subsequently incorporated DBA prevailing wage requirements into numerous statutes (referred to by the DOL as “Related Acts”) under which federal agencies assist construction projects through grants, loans, loan guarantees, insurance, and other methods.
- Congress has delegated authority to the DOL to issue prevailing wage determinations and prescribe rules and regulations for contractors and subcontractors on DBA-covered construction projects (see 40 U.S.C. §§ 3142, 3145). Congress has also directed the DOL to “prescribe appropriate...
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