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DOL Appeals Ruling that Blocked Part of Davis-Bacon Modernization Rule to the Fifth Circuit

The Department of Labor appealed to the U.S. Court of Appeals for the Fifth Circuit a June 2024 Texas Court ruling that blocked parts of the agency’s Davis-Bacon prevailing wage rule from applying to suppliers and truck drivers. In the June ruling, District Judge Sam Cummings found DOL’s Davis-Bacon rule’s application to “prefabrication companies, material suppliers, and truck drivers” were “blatantly unlawful.” Cummings also ruled that a provision in the rulemaking that applies prevailing wages to contracts that are silent on such requirements unlawful.

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