On June 15, the U.S. Department of Labor’s Wage and Hour Division published a notice of a proposed revision to the Information Collection Request titled, “Report of Construction Contractor’s Wage Rates.” This ICR governs the WD-10 form used in wage surveys to determine the prevailing wage rate under Davis-Bacon and Related Acts requirements. The WHD’s stated goal of the revision is to streamline the wage survey process and increase response rates.
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The Infrastructure Investment and Jobs Act delivers $550 billion of funding to improve our nation’s infrastructure, and the construction industry stands ready to deliver on the law’s promised revitalization of America’s roads, schools, bridges, utilities, and transportation systems.
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ABC recently surveyed contractor members regarding Davis-Bacon Act prevailing wage regulations, and the results clearly demonstrate that ABC members oppose Davis-Bacon Act regulations and have serious concerns about the sweeping changes recently proposed by the U.S. Department of Labor.
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With the May 17 deadline for public comments on the Department of Labor’s proposed changes to Davis-Bacon and Related Acts prevailing wage regulations fast approaching, ABC urges interested members to consider submitting comments on these sweeping changes to federal contracting rules.
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On April 20, the U.S. Department of Labor’s Wage and Hour Division released its schedule of upcoming Davis-Bacon and Related Acts Wage Surveys. These voluntary surveys are used by the WHD to determine the prevailing wage rate for construction workers on federal and federally assisted projects over $2,000.
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Earlier this month, the U.S. House and Senate established a conference committee to continue debate on the House-passed H.R. 4521, the America COMPETES Act, and the Senate-passed S. 1260, the United States Innovation and Competition Act. Both bills contain troubling, restrictive labor policies that would dilute the effectiveness of the legislation and limit opportunities for much of the construction industry to participate in new programs authorized under these bills.
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On March 15, the U.S. District Court for the Eastern District of Texas dealt a blow to the Biden administration’s efforts to delay and rescind the Trump administration’s 2021 independent contractor final rule. Under a decision applauded by ABC, which had sued to block those actions, the ABC-supported rule went into effect as scheduled on March 8, 2021, and remains in effect today.
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“While ABC is still reviewing the 432-page rule, it appears the DOL missed an opportunity for meaningful Davis-Bacon reform. For example, the proposed rule reverts back to 1983 regulations that do not result in actual prevailing rates, as required by statute. Reversing course by 40 years is not modernization. Instead, it is even worse public policy catering to special interests embedded in the Biden administration that benefit from the broken status quo,” ABC said in a statement.
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The U.S. Department of Labor’s Wage and Hour Division is offering two free webinars on Feb. 28 and March 1 at 1:30 p.m. ET to provide an overview of the Davis-Bacon compliance requirements for projects receiving funding under the Infrastructure Investment and Jobs Act. It will also include a question-and-answer session. Participants will be able to submit questions in advance or during the webinar.
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