Federal Court Vacates Biden-Era Davis-Bacon Provisions After Ogletree Deakins Secures Favorable Resolution

ATLANTA – June 24, 2026 – Ogletree Deakins, one of the largest labor and employment law firms representing management, announced today that the U.S. District Court for the Northern District of Texas entered final judgment vacating three provisions of the Biden Administration’s 2023 rulemaking updating the federal Davis-Bacon Act, resolving a legal challenge the firm brought on behalf of the Associated General Contractors of America (AGC) and three other entities.

Ogletree Deakins filed the lawsuit in 2023, challenging the Department of Labor’s attempt to expand Davis-Bacon requirements beyond their statutory scope. The three vacated provisions would have (1) extended coverage to materials suppliers operated by contractors or subcontractors, (2) applied Davis-Bacon requirements to delivery truck drivers spending a loosely defined amount of time on jobsites, and (3) imposed the requirements retroactively on contracts that omitted the required clauses.

In 2024, Ogletree Deakins secured a nationwide preliminary injunction barring enforcement of all three provisions after the court found plaintiffs were likely to succeed in showing the rules exceeded the Department’s statutory authority and were arbitrary and capricious. The Biden Administration appealed the injunction to the U.S. Court of Appeals for the Fifth Circuit.

Following the change of administration, the firm and its co-counsel entered settlement discussions with the Trump Administration’s Department of Labor, reaching a resolution without further litigation. The Department ultimately declined to continue contesting the case. Today’s final judgment officially vacates all three provisions on a nationwide basis.

“This result reflects what the litigation always intended — ensuring that agency regulations are consistent with the law,” said Robert Roginson, a shareholder in Ogletree Deakins’ Los Angeles office and lead counsel for the plaintiffs. “Our clients sought clarity and a level playing field for contractors bidding government-funded projects, and today’s judgment delivers both.”

Roginson was joined by of counsel Jeffrey Londa of the firm’s Houston office and shareholder Chris Murray of the firm’s Indianapolis office, who assisted with the Fifth Circuit appeal. The firm served as co-counsel with Fernando Bustos of the Bustos Law Firm, P.C. and Gavoor PLLC.

About Ogletree Deakins
With more than 1,100 attorneys in 60 offices worldwide, Ogletree Deakins is one of the largest labor and employment law firms representing management. We handle all types of employment-related legal matters, including traditional labor and employment, workplace safety, employee benefits, and business immigration matters. Guided by our Client Pledge, we focus on understanding clients’ business and objectives, collaborating and anticipating needs, harnessing technology and innovation, communicating effectively, and providing quality representation with exceptional value. www.ogletree.com