Tips to Navigate Davis-Bacon Limbo and Construction Boom

Labor, Employment and Benefits attorney Timothy Taylor spoke to Law360 for an article about the U.S. Department of Labor's (DOL) proposal to revise the Davis-Bacon Act. The proposed rule promises sweeping changes, including a major change on how to calculate prevailing wages. Mr. Taylor provided guidance on ways the federal contracting community can be proactive during this period of uncertainty.

The tip Mr. Taylor advised "is always comply with the law as it is today." Employers should look at their contracts now, especially those where it's not clear whether and what from Davis-Bacon applies to avoid future surprises, he said.

"I think now is a very good time for employers to scrub down their contracts and just see if there are any Davis-Bacon Act issues," he said. "Typically with a new rule, that's a time for renewed and invigorated enforcement."

The proposed rule did not address the fact that workers do not have a private right of action under the Davis-Bacon Act. Workers seeking accountability and wages for violations of the act typically must go through the DOL's Wage and Hour Division.

"Sometimes contractors can get caught up with basically letting labels control or letting subcontractors just say what people are doing without actually looking at what in fact they are doing," Mr. Taylor added.

READ: Tips to Navigate Davis-Bacon Limbo and Construction Boom