Author: agcnews

In just one week in office, President Biden has issued 21 executive orders, a figure surpassing former President Obama’s 20 executive orders issued over the course of all of 2013. However, it is important to note that many of these orders by and large do not have immediate practical impacts on federal regulations applicable to the construction industry. It will take many months and even years before the vague directions set forth in many of these orders become more detailed, final regulations. In that intervening time, rest assured, AGC is well-prepared, well-seasoned and fully equipped to ensure the best possible regulatory…

On Dec. 23, 2020, the U.S. Environmental Protection Agency (EPA) finalized its penalty rule that increased the maximum civil penalties per violation of an environmental statute or agency regulation. These annual adjustments are required by the Federal Civil Penalties Inflation Adjustment Improvements Act of 2015. Below are the new penalty maximum levels to account for inflation. In practice, fines tend to track the perceived or actual economic benefit derived from the violation(s) – consistent with applicable EPA penalty policies. These amounts apply to statutory civil penalties for violations that occur or occurred after November 2, 2015, where penalties are assessed on or after…

Construction employment in December remained below pre-pandemic levels in two-thirds of the states even though 37 states and the District of Columbia added construction jobs from November to December, according to an analysis by the Associated General Contractors of America of government employment data released today. Association officials said the new data highlights how broadly the industry has been impacted by the pandemic and underscores the need for additional coronavirus recovery measures. “While most states recorded construction employment gains in December, the pickup is likely to be temporary for many,” said Ken Simonson, the association’s chief economist. “Participants in our association’s recent…

2020 was a rough year for networking events. After the CLC of Middle Tennessee’s “Ugly Christmas Mask” holiday event was cancelled due to city health regulations, they thought they were done for the year. But then the call came from the Ronald McDonald House of Nashville. The staff at the Ronald McDonald House of Nashville wanted to “Light up the House” for the holiday season. These families were under an extremely strict quarantine with their children in local hospitals. The staff wanted to bring some extra holiday cheer to their hearts. They immediately called the Construction Leadership Council and asked…

Despite restrictions to in-person gatherings during the 2020 holiday season, the General Building Contractors Association’s (GBCA) Construction Leadership Council (CLC) still found a way to support Philadelphians in need and provide some much-needed holiday spirit. In 2020, the CLC moved its holiday fundraising activities predominantly online. The CLC kicked off the holiday season before Thanksgiving, collecting food and funds for Philabundance, a local hunger relief organization. In partnership with the Eastern Atlantic States Regional Council of Carpenters and the Carpenter Contractor Trust, the CLC raised over $21,250, which purchased over 114,750 lbs. of fresh food! Several CLC members also collected…

Jolsna Thomas has over 14 years of experience in the construction industry originally focused on the law and then she branched into the areas of business development, marketing, sales, and nonprofit work. Thomas serves as Business Development Manager for Rosendin Electric, Inc., one of the largest employee-owned electrical contractors in the United States. In addition to leading Business Development efforts in Texas, she serves on Rosendin’s Diversity, Equity, & Inclusion Committee and is President of The Rosendin Foundation, its 501(c)(3) charitable foundation. Thomas serves on the AGC of America Business Development Forum Steering Committee as well on the board of directors for the…

On December 15, 2020, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) issued All Agency Memorandum (AAM) 235 rescinding AAM 212 and once again confirming that surveying work is not covered by the Davis-Bacon Act. At this time, it is unclear how the new Biden administration DOL will approach this particular situation. Many may recall AAM 212 (issued March 2013) which extended Davis Bacon coverage to those performing surveying work. It became clear pretty soon thereafter that a distinction had to be made about those who were salaried exempt and supervising the crew versus which tasks and workers which fell under…

The U.S. Department of Labor’s Wage and Hour Division (WHD) has issued new guidance in its ongoing efforts to support the American workforce through the pandemic recovery. As employers continue to meet the challenges presented to their businesses by the coronavirus, and as telework arrangements and virtual communication increasingly provide solutions, the agency provides additional guidance to maximize the benefits of these arrangements for employers and workers alike. The guidance comes in the form of a new Field Assistance Bulletins (FAB): WHD provides additional information on common issues employers and employees face when responding to the coronavirus and its effects…

Pres. Biden has revoked Pres. Trump’s controversial executive order on diversity and inclusion training. The order, Executive Order 13950, placed restrictions on the content that federal contractors, grantees, and agencies, as well as the military, could cover in employee training. AGC and other stakeholders in the business community called on Pres. Trump to withdraw the confusing order last October. In December, a federal court issued a nationwide preliminary injunction temporarily halting implementation of the restrictions on federal contractors and grantees. The court found that the plaintiffs – a number of nonprofit organizations that provide diversity and inclusion training as federal contractors and grantees –…

On January 15, 2021, the Equal Employment Opportunity Commission (EEOC) voted to approve revisions to EEOC’s Compliance Manual Section on Religious Discrimination. The Commission had not updated the Compliance Manual since 2008. Some noteworthy issues addressed in the Compliance Manual include: The Compliance Manual is designed to be a practical resource for employers, employees, practitioners, and EEOC enforcement staff on Title VII of the Civil Rights Act of 1964’s (Title VII) prohibition against religious discrimination. The guidance explains the variety of issues applicable to religious discrimination claims, discusses typical scenarios in which religious discrimination may arise, and provides guidance to employers…