October 23, 2023

The U.S. Department of Labor (DOL) announced that it has implemented its final Davis-Bacon rule that was published in the Federal Register on August 23, 2023 and that SWACCA has been engaged on dating back to the Biden presidential transition. This 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, including: (1) our successful advocacy with the United Brotherhood of Carpenters to convince DOL to abandon plans to expand the final rule’s “site of work” provisions to panel fabrication facilities; (2) returning to the original definition of “prevailing wage”—including the 30% rule; (3) ensuing that prime contractors are responsible for subcontractors’ Davis-Bacon compliance; (4) 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 (5) 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.

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