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DOL Burdens Davis-Bacon Contractors With Employee Lodging Costs
Sherman & HowardLink to more items from this source
May 12, 2015

"The Department of Labor's Administrative Review Board (ARB) released its long-awaited opinion in the Weeks Marine case.... [The decision] made one thing clear -- when federal construction contractors use employees who must travel away from their homes and live near the job site, the Davis-Bacon Act requires that they be paid for their housing. At least that is the case when the employees' traveling to, and living near, the job site is for the benefit of the employer/contractor. The ARB made clear that should the ALJ on remand re-determine that the lodging was for the benefit of the employer, the employees needed to be awarded their actual costs, less any payment specifically made to defray those costs that were not used to otherwise satisfy the Davis-Bacon prevailing wage/benefit obligations."

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