Notice of Injunction

On June 24, 2024, the U.S. District Court for the Northern District of Texas issued a nationwide preliminary injunction impacting the following three provisions of the U.S. Department of Labor’s (Department) final rule, Updating the Davis-Bacon and Related Acts Regulations (“final rule”), which became effective on October 23, 2023: (1) the provision within 29 CFR 5.2 codifying a distinction between material suppliers and contractors/subcontractors; (2) the provision within 29 CFR 5.2 requiring contractors and subcontractors to pay prevailing wages to delivery truck drivers they employ for onsite time that is more than de minimis; and (3) the provision at 29 CFR 5.5(e) directing that the DBRA apply via operation of law if a contracting agency erroneously omitted the provisions from covered contracts.  In light of this injunction, these three provisions may not be implemented or enforced at this time. The remainder of the Department’s final rule remains in effect.