ivities and the expansion of DBA coverage to fabrication facilities. How the Supreme Court addresses challenges to Chevron agency deference may impact the final outcome of these Texas federal cases.Despite challenges to the Final Rule, the updated DBRA became effective October 23, 2023. We will continue to follow the cases out of Texas and any other notable developments. U.S. Dept Labor, Government Contracts Compliance Assistance, (last accessed, Feb. 5, 2024), https://www.dol.gov/agencies/whd/government-contracts.Id.Id.United States v. Binghamton Constr. Co., 347 U.S. 171, 178 (1954). 40 U.S.C. 3142.Id.Updating the Davis-Bacon and Related Acts Regulations, 88 Fed. Reg. 57,526 (Aug. 23, 2023), (codified at 29 C.F.R. pts. 1, 3, 5), available at https://www.federalregister.gov/documents/2023/08/23/2023-17221/updating-the-davis-bacon-and-related-acts-regulations (Executive Summary) (last accessed, February 5, 2024).Id. (citing Executive Order 12866, Regulatory Planning and Review et al). 88 Fed. Reg. 57526, 57604. 88 Fed. Reg. 57526, 57597. 88 Fed. Reg. 57526, 57602. 88 Fed. Reg. 57526, 57614. 88 Fed. Reg. 57526, 57661-64.Id. 29 C.F.R. § 5.2(h). 29 C.F.R. §§ 5.5(a)(6)-(7), 5.5(b)(4). 29 C.F.R. §§ 5.5(a)(6), 5.5(b)(4). 29 C.F.R. §5.18. 29 C.F.R. §§ 5.2, 5.5, 5.9. 29 C.F.R. §§ 5.9 (b), (c). 88 Fed. Reg. 57526, 57687. 88 Fed. Reg. 57526, 57565. 29 C.F.R. §§ 1.6(c)(2), (c)(3). 29 C.F.R. §§ 1.6(c)(2), (c)(3). 29 C.F.R. § 1.6(c)(2)(iii)(B). U.S. Dept. Labor, Wage and Hour Division, Frequently Asked Questions: Updating the Davis-Bacon and Related Acts Regulations Final Rule, FAQ No.2, (Feb. 15, 2024) available at, https://www.dol.gov/agencies/whd/government-contracts/construction/rulemaking-davis-bacon/faqs. 29 C.F.R. § 1.6(c)(1).See Relentless, Inc. v. Department of Commerce, 144 S.Ct. 325, 217 L.Ed. 2d 154 (argued Jan. 17, 2024) and Loper Bright Enters. v. Raimondo, 143 S.Ct. 2429, 216 L. Ed. 2d 414 (argued Jan. 17, 2024).

he classification of the job site as rural or urban will be crucial in ensuring compliance and estimating job costs.Under Part 5, the updated definition of “Building or Work” will lead to more construction projects being subject to the DBA, affecting contractors and subcontractors not previously subject to the DBA. In addition, the requirement to preserve records for three years after completion of a construction project will increase record keeping costs. Many businesses may need to implement a record keeping system or alter their current systems to meet the retention policies.Overall, entities subject to the DBA should keep a close watch on these proceedings on appeal, and any subsequent administrative actions, to ensure their compliance programs are in line with the final rule requirements. Initially enacted in 1931, the Davis-Bacon Act has subsequently been extended via a series of other acts and provisions (the Related Acts). Updating the Davis-Bacon and Related Acts Regulations, 88 Fed. Reg. 57526 (Aug. 23, 2023) (codified at 29 C.F.R. pts. 1, 3, 5). Granting Prelim. Inj., Case No. 5:23-CV-00272-C, Doc. No. 61 (N.D. Tex. June 24, 2024).See 40 U.S.C. § 3142.See 40 U.S.C. § 3145.See Act of July 2, 1964, Public Law 88-349, 78 Stat. 238.See 48 Fed. Reg. 19532 (Apr. 29, 1983). Although Judge Cumming’s analysis discusses Chevron U.S.A., Inc. v. Natural Res. Def. Council, Inc., 467 U.S. 837 (1984), which was overruled by the Supreme Court on June 28, 2024, he ultimately found it unnecessary to consider deference to the agency because “none of the challenged final rule provisions pass step 1 of the Chevron analysis.”See 40 U.S.C. § 3142(a). Granting Prelim. Inj., Doc. No. 61 at ¶ 30.Id. at ¶ 47.See 40 U.S.C. § 3142(a)-(c).