U.S. District Court Judge James Wesley Hendrix of the Northern District of Texas paused litigation over the MCAA-supported Biden-era final rule entitled, “Updating the Davis-Bacon and Related Acts Regulations.” The pause comes in response to a request from the Trump Administration for time for new Department of Labor leadership “to review this litigation, including the claims that the plaintiffs have asserted in challenging the Rule.” The Trump Administration said it will provide an update on its plans for the rule in 90 days. In August 2023, Judge Sam Cummings of the Northern District of Texas granted a preliminary injunction sought by the Associated General Contractors of America and its members blocking the rule’s expanded application to truck drivers and material suppliers. The court found that the expansion was likely illegal because the Davis-Bacon Act only applies to “mechanics and laborers employed directly on the site of the work.” The case is Associated General Contractors of America et al v. DOL.
