DOL Releases Final Davis-Bacon Modernization Rule in a Big Win for SWACCA
The U.S. Department of Labor (DOL) released its 812-page pre-publication version of the final rule to modernize Davis-Bacon prevailing wage that SWACCA has been engaged on dating back to the Biden presidential transition. The final rule represents the most sweeping overhaul of Davis-Bacon regulations since the Reagan Administration.
The final rule features several notable wins on issues that SWACCA advocated for in comments submitted in May 2022 after the rule was originally proposed, including: (1) returning to the original definition of “prevailing wage”—including the 30% rule; (2) ensuing that prime contractors are responsible for subcontractors’ Davis-Bacon compliance; (3) reinforcing the principle that Davis-Bacon labor standards apply even when there is no employment relationship between a contractor and worker, such as when the worker is treated as an independent contractor; and (4) requiring federal agencies to regularly issue reports of plans for future federal construction that is subject to federal prevailing wage and detailing the location and type of planned construction.