On March 1, 2011, the Supreme Court of Missouri issued a unanimous opinion holding that a contractor's "care and maintenance" of the water storage tank and tower for the city of Monroe City, Missouri, was "construction" and thereby covered under the Missouri Prevailing Wage Act, Mo. Rev. Stat. 290.210, et seq. (the “Act”).
Two recent policy changes announced by the US Department of Labor's Office of Federal Contract Compliance Programs ("OFCCP") likely will lead to a significantly greater number of and increased scope for investigations conducted by that Office into allegations of discrimination and pay disparity against Government contractors.