New Davis Bacon Regulations On Track for October 23rd Effective Date

October 12, 2023

The Biden Administration’s long-overdue overhaul of Davis Bacon Act prevailing wage regulatory policies and implementing regulations is slated to take effect on October 23, 2023, barring any last-ditch court challenges by open-shop groups.

Attached below is a memorandum from MCAA Government Affairs Committee Chairman Jim Gaffney to the MCAA Government Affairs Committee and MCAA Davis Bacon Task Force that filed MCAA comments on the proposed regulations. 

The Memo digests the primary elements of the new rules issued in August and how they compare with the preceding regulatory proposal. The primary point of difference is that the proposed extension to offsite fabrication facilities has been significantly pared back to the more familiar coverage of work sites that are dedicated or nearly so to performance of the Federal project.

MCAA is continuing to monitor regulatory implementation, with an eye to whether open shop groups follow through on previous pledges to challenge the regulations in court.

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