ABC Files Long-Awaited Lawsuit Challenging SWACCA-Supported Davis-Bacon Modernization Final Rule
Late yesterday, the Associated Builders and Contractors (ABC) finally filed its long awaited lawsuit in the U.S. District Court for the Eastern District of Texas against the U.S. Department of Labor’s (DOL) August 23rd final rule to modernize Davis-Bacon prevailing wage.
In general terms, the complaint alleges that Acting Labor Secretary Julie Su was not legally authorized to sign the final rule because her continuation in an acting capacity violates the Vacancies Reform Act and because the final rule allegedly violates the Administrative Procedures Act in several regards.
In a press release announcing the lawsuit, ABC says that “far from ‘updating’ the DOL’s enforcement of the Davis-Bacon Act, the final rule returns to failed policies of the 1970s and unlawfully expands coverage of prevailing wage requirements onto new projects and industries and increases its regulatory burden on small construction contractors working on federally funded contracts.”
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