Federal Judge Grants Motion to Block 3 Davis-Bacon Act Provisions

June 26, 2024|

By KERRY SMITH BUCK

LUBBOCK, Texas – On June 24, U.S. District Court Judge Sam Cummings granted the Associated General Contractors of America’s motion and issued a temporary injunction blocking the U.S. Dept. of Labor from enforcing three contentious provisions of the Davis-Bacon Rule that sought to expand coverage and extend beyond onsite construction workers.

The Davis-Bacon Act applies to contractors and subcontractors performing work on federal or District of Columbia construction projects.

AGC of America, AGC of Texas, Lubbock Chamber of Commerce and Amarillo-based heavy-highway contractor J. Lee Milligan, Inc. sued the DOL in November 2023, days after the agency finalized its rule to expand the Act’s prevailing wage requirements to include truck drivers and material suppliers owned and operated by general contractors or subcontractors.

Jeffrey Shoaf, CEO of the AGC of America, says the DOL is intending to expand the scope of the rule well beyond what Congress ever intended.

“The AGC and its allies celebrate a significant legal victory,” said Shoaf. “This injunction restores the original intention of the Davis-Bacon Act.”

In making its ruling, the Lubbock-based federal court said, “Defendants engaged in egregious violations of Article II, Section 3 of the Constitution.”

 

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