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Important Notice - Truck Driver Prevailing Wage

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On June 24, 2024, the United States District Court for the Northern District of Texas issued a nation-wide preliminary injunction against several provisions of the Department of Labor?s new 2023 Davis Bacon and Related Acts Rule.? These affected provisions directly affect the definitions of ?material supplier? and ?covered transportation?, and directly impact prevailing wage oversight procedures and guidance, specifically with regard to trucking.

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Contractors should be aware that aside from the three provisions listed in the injunction, the remaining provisions of the Final Rule remain in effect.? The preliminary injunction will remain in place until the case is fully resolved or pending a decision by the Fifth Circuit Court of Appeals, should the DOL appeal the injunction.

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Until further notice, MDOT will be enforcing the previously held Truck Driver guidance which was effective prior to October 2023 for all trucking (regardless of contractor or material supplier).? A truck driver?s time will be covered by DBRA if the truck driver is exclusively working on the site of the work (loading and unloading onsite).? If a truck driver is performing work on and off the site of the work, the driver will be covered by DBRA when the driver?s time exceeds de minimis.? De minimis will be defined as being exceeded when a truck driver?s time on the site of work exceeds 20% of the work week.

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Please direct any questions to:

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Chris Roe

MDOT Prevailing Wage Compliance Specialist

517-202-3716

[email protected]

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