The 91-year-old Davis-Bacon Act is in need of reform, but a proposed rule issued by the U.S. Department of Labor on March 18, Updating the Davis-Bacon and Related Acts Regulations, misses the mark. Unfortunately, the DOL missed an opportunity for meaningful Davis-Bacon reform. For example, the proposed rule reverts back to 1983 regulations that do not result in actual prevailing rates, as required by statute. Reversing course by 40 years is not modernization.

This session will discuss:

  • • Significant provisions of the new DOL rule
  • • ABC’s advocacy strategy on the proposal
  • • The Davis-Bacon survey sent to ABC members in April
  • • The opportunity for ABC members to comment on the proposed rule (deadline May 17)
  • • A potential legal challenge

Maury Baskin serves as ABC’s general counsel and is a shareholder in the Washington, D.C., office of Littler Mendelson P.C., where he co-chairs Littler’s Workplace Policy Institute. He is one of the chief legal advocates for the rights of employers on labor issues throughout the country. Baskin has represented ABC and its member firms at every level of court, up to and including the U.S. Supreme Court.

Ben Brubeck is ABC vice president of regulatory, labor and state affairs. In this role, he works with his team work to shape policy on local, state and federal issues important to the construction industry, and represents ABC before lawmakers, the media, construction industry executives and stakeholders. His expertise across a portfolio of issues includes labor and employment, workforce development, infrastructure, federal contractor regulations, small businesses and public works procurement.