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Mid-term elections are difficult for the party in power. Even Reagan got creamed in 1982, and he was perhaps the most successful Republican president of modern times. But Democratic party victories in the south and heartland are nonetheless surprising. With just a little more money, effort, and better candidate selection, the Dems could have had an even better night.
There is little question that the ABC v. Sonderling case is the most important Davis-Bacon Act (“DBA”) litigation of the last generation. In a court order dated September 28, 2026, following the joint motion, the court agreed that the matter was now ripe for consideration, and went ahead and lifted the stay of the proceedings. Judge Michael J. Truncale said he would rule on the cross motions for summary judgment “in due course.”
Withholding of money is an enforcement tool given to DOL. It is intended to serve the important remedial purposes of the prevailing wage laws. But it is a blunt instrument and can be used abusively and in violation of due process rights. DOL needs to curb those abuses. Withholding is becoming all too often routine and a means to secure the outcome DOL wants regardless of the merits.
