DOL Makes Major Changes to Davis-Bacon Rules
On August 8, 2023, the United States Department of Labor finally published its long-awaited Davis Bacon rule. The DOL’s 812 pages of rule justifications and explanations contain many substantial changes which will both expand the scope of work covered by Davis Bacon and which will change the way that the DOL administers the Act. Unless blocked by legal action, the new rule will take effect around October 23, 2023. The DOL’s new rule represents the most significant Davis Bacon rulemaking in 40 years, and there’s a lot to unpack. This is the first in a series of three explanatory articles that will examine the most significant of the changes and some of their practical effects.
These changes fall within 1 of 3 general categories:
- Changes that expand the scope of Davis Bacon to cover locations and workers not previously covered.
- Changes that will affect the way the prevailing wage is calculated and applied.
- Changes that will increase employer's responsibilities with regard to complying with Davis Bacon and increase the severity of failing to comply.
Courtesy of Andy Martone of Hesse | Martone