Instead, the DOL is moving forward with dramatic changes to Davis-Bacon Act regulations, reversing much-needed reforms that were established by the Reagan administration and unlawfully increasing the regulatory burden on small businesses, new industries and critical public works projects.
The final rule was published in the Federal Register on Aug. 23, 2023, and became effective on Oct. 23, 2023. Therefore, construction contracts executed after this date are subject to the new rule. In addition, the DOL will begin implementing the final rule’s ill-advised changes to its broken and convoluted wage determination process that are likely to make government-determined wages inaccurate and less reflective of a local prevailing wage.
On Nov. 7, ABC and the ABC Southeast Texas chapter filed a lawsuit in the U.S. District Court for the Eastern District of Texas challenging numerous aspects of the DOL’s inflationary and anti-competitive final rule.
As outlined in ABC’s Aug. 31 op-ed published in The Hill opposing the Biden DOL’s rule, litigation appears to be the best short-term strategy to defeat or delay some or all aspects of the rule until a pro-free enterprise White House can reverse this policy.
Unfortunately, a Sept. 6 letter to Acting DOL Secretary Julie Su signed by 13 House Republicans expressed support for the DOL’s new regulation. It is unclear if these 13 lawmakers and other House Republicans understand the radical changes with this problematic final rule.
ABC has issued this important grassroots alert asking ABC members to contact targeted House lawmakers in support of Rep. Smucker’s CRA and in opposition to the DOL’s final rule.
Please take action today and share this alert with your industry contacts.
Further reading:
Rep. Smucker’s press release: https://smucker.house.gov/media/press-releases/smucker-introduces-legislation-block-costly-biden-administration-regulation
Learn more at abc.org/davisbacon.