ET Simonds Construction Company and the U.S. Department of Labor have jointly asked a federal judge in Illinois to set aside a final DOL ruling involving trucker wages and return the matter to the agency. The request is not a court decision: as of the October 6, 2026 report, the judge had not been reported to have granted it.
What the joint request asks the court to do
Law360 Employment Authority reported on October 6, 2026, that ET Simonds Construction Company and the Department of Labor asked the U.S. District Court for the Southern District of Illinois to set aside a final agency ruling and remand the matter to DOL. The report identifies the case as ET Simonds Construction Company v. United States Department of Labor et al., No. 3:25-cv-00929, filed May 14, 2025. Law360’s report
A joint motion is a request by the parties, not an order from the court. The report does not establish whether the judge granted the request, what instructions the parties proposed for a remand, or what the agency would do if the case were returned to it.
Why the parties are seeking to undo the ruling
Law360 linked the request to a Texas court decision that struck down a Biden-era rule for calculating prevailing wages. The available report does not identify enough detail to establish the precise Texas decision or explain its legal effect on the Simonds case. It therefore should not be read as showing that the Texas decision itself resolves this trucker-wage dispute.
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The motion and the final DOL ruling were not available in the records reviewed for this report. Their specific legal arguments, the ruling’s reasoning, and the exact agency action being challenged cannot be stated reliably from the available information.
What is known—and not known—about the trucker wage ruling
The case title and the Law360 report identify the dispute as involving a DOL ruling concerning trucker wages, but the reviewed material does not disclose the ruling’s precise contents. It does not establish which drivers or work activities were covered, how wages were calculated, or what legal standard DOL applied. Those details should not be inferred from older litigation about truck drivers and Davis-Bacon.
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To assess the current case against earlier precedent, the key questions would include what agency action is being challenged; where and for whom the drivers worked; whether their employer was a contractor, subcontractor, or independent supplier; which statutory and regulatory text applies; and what relief the parties are seeking. The reviewed report does not answer those questions for Simonds.
What a 1991 Davis-Bacon decision said about delivery drivers
A separate, historical decision offers limited context. In Building & Construction Trades Department, AFL-CIO v. United States Department of Labor, 932 F.2d 985 (D.C. Cir. 1991), the D.C. Circuit considered contractor-employed material-delivery drivers who spent most of their workday off-site and entered federal construction sites briefly to deliver materials. The court held that Davis-Bacon coverage did not extend to those off-site delivery drivers merely because their employer was a government contractor. Read the 1991 D.C. Circuit opinion
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The opinion treated the statutory phrase “employed directly upon the site of the work” as geographically limiting. It described the drivers in that case as spending ninety percent of their workday on the highway, with trips of up to 50 miles round trip. Those figures describe the workers in that particular case; they are not statistics about the Simonds dispute or truck drivers generally.
The holding was about the drivers and statutory question before that court. Without the current agency ruling and motion, it cannot establish whether the Simonds case presents the same facts or legal issue, or how later laws, regulations, or decisions affect it.
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What happens next in the case
The immediate next step is a court decision on the parties’ joint request. If the court grants it, the matter would return to DOL, but the available report does not establish the proposed remand instructions or the agency’s next action. If the judge does not grant the request, the litigation may continue; the report does not describe further procedural steps or predict an outcome.
Until the motion and challenged ruling are available, the public record described in the October 6 report supports only the procedural account: the company and DOL jointly sought to set aside the ruling and send the matter back to the agency. It does not establish that truck drivers are categorically excluded from prevailing wages, or that the current ruling has already been overturned.
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