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Court blocks prevailing wage requirements of material suppliers

On June 24, a Texas federal district court issued a preliminary nationwide injunction, blocking expansion of certain prevailing wage provisions under the Department of Labor’s (DoL’s) revised Davis-Bacon Act (DBA).

Of interest to the road construction industry, the court blocked DoL’s requirements to pay the prevailing area wage rates for truck drivers who spend more than a de minimis amount of time loading or unloading materials on a construction site. The court also blocked DoL’s requirement that employees of material suppliers be paid prevailing wages if their employer also performed covered work on the project.

NAPA is aware that at least one state DOT had requested DoL’s interpretation on the revised DBA – but given the court’s finding, it is likely DoL will prolong further interpretation and will likely appeal the case.

Bottom line: regarding prevailing wage requirements for construction material suppliers – it’s business as usual (prior to revised DBA).

For a more complete analysis, see media like Bloomberg Law.

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