Attorneys Report More Changes in the Defense Base Act for 2023
If you are a Defense Base Act employee who has been injured on the job, you know that DBA law can be complex and confusing. That’s why it’s important to have experienced DBA attorneys on your side.
At Cantrell Green, our Defense Base Act attorneys stay on top of the latest changes in the law so that we can provide our clients with the best possible representation. We understand the unique challenges that DBA employees face, and we are committed to helping you get the benefits that you deserve.
In this article, our DBA attorneys share some of the new and interesting things happening in the area of Defense Base Act (DBA) law in 2023, that may directly affect our clients.
New Defense Base Act Regulations are Being Developed
The Department of Labor (DOL) is currently developing new DBA regulations to update the existing regulations, which were last updated in 1996. The new regulations are expected to be finalized in 2023.
These new regulations are expected to include several new requirements for employers, such as new reporting requirements, as well as new requirements for training employees about the DBA.
The Department of Labor (DOL) has published a number of resources to help employers and employees understand the DBA, including a website with frequently asked questions and a fact sheet. The DOL is also expected to publish a proposed rulemaking for the new DBA regulations in the near future.
Defense Base Act is Being Extended to New Categories of Workers
The FY 2023 National Defense Authorization Act (NDAA) extends the DBA to cover certain contractors who are working on contracts for the Department of Defense (DOD) outside of the United States, even if the contracts are not for military bases or national defense purposes. This expansion is expected to cover an additional 100,000 workers.
The DBA now covers the following categories of workers:
- Employees of contractors who are working on contracts for the DOD outside of the United States, regardless of the purpose of the contract.
- Employees of subcontractors of contractors who are working on contracts for the DOD outside of the United States, regardless of the purpose of the contract.
- Civilian employees of the DOD who are working outside of the United States.
- Employees of contractors who are working on contracts for the DOD within the United States, but only if the contracts are for military bases or national defense purposes.
California employers who violate the DBA may face penalties, including fines and debarment from future contracts with the DOD.
The DOD has published a fact sheet on the new DBA coverage. The DOD is also expected to publish guidance for contractors on the new DBA coverage in the near future.
Increased DOL Focus on Defense Base Act Enforcement
The Department of Labor (DOL) is increasing its enforcement of the DBA and is cracking down on contractors who are violating the law. For example, in 2022, the DOL recovered over $10 million in DBA benefits for workers.
The DOL is increasing DBA enforcement for a number of reasons. First, the DOL wants to ensure that workers who are injured or killed on the job while working on contracts covered by the DBA are receiving the benefits that they are entitled to. Second, the DOL wants to deter contractors from violating the DBA. Third, the DOL wants to promote safety in the workplace for workers who are working on contracts covered by the DBA.
The Department of Labor has indicated that their DBA enforcement priorities include:
- Ensuring that contractors are providing their workers with the required benefits, such as medical care, disability benefits, and death benefits.
- Investigating claims of DBA fraud.
- Conducting audits of contractors to ensure that they are in compliance with the DBA.
- Taking enforcement actions against contractors who are violating the DBA, such as imposing fines and debarring contractors from future contracts with the DOD.
The DOL has published a number of resources on DBA enforcement, including a website with frequently asked questions and a fact sheet. The DOL is also expected to publish additional guidance on DBA enforcement in the near future.
California Defense Base Act Attorneys
The experienced California Defense Base Act attorneys at Cantrell Green are here to help. If you have been injured (or a loved one has been tragically killed) on the job while working on a contract covered by the DBA, we can help you file a claim and get the maximum benefits for which you qualify.
Remember, you are not alone. We will review your case and discuss your legal options with you. We are here to help you navigate the legal process and get the compensation that you need to support yourself and your family as quickly as possible. We have successfully filed hundreds of Defense Base Act applications and appeals – obtaining millions of dollars in DBA benefits in over four decades of legal service.
Call today, or fill out the short form on this page to schedule a FREE CONSULTATION with one of our skilled and experienced Defense Base Act Attorneys.
California Defense Base Act Attorney: 800-964-8047