Author: agcnews
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…
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…
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 20, President Biden issued an executive order (EO) that rescinds many executive orders issued under the Trump Administration aimed at streamlining federal regulation. Among those rescinded are the EO that required federal agencies eliminate two old regulations for each new regulation issued and created a regulatory budget by establishing a regulatory cap on federal agencies (E.O. 13771); an EO that created a regulatory reform task force and regulatory reform officers to ensure the implementation of the Administration’s deregulatory agenda (E.O. 13777); and an EO that required agencies to include proposals for reducing mandatory spending whenever an agency proposed to undertake…
On January 21, the Senate Commerce, Science, and Transportation Committee held a hearing to evaluate the nomination of Pete Buttigieg to serve as Secretary of the U.S. Department of Transportation. During the hearing, Buttigieg affirmed his commitment to the Biden Administration’s plans to prioritize rebuilding our nation’s infrastructure, stating, “We have a lot of work to do to improve infrastructure in this country… now is the time and I believe we have a chance to deliver for the American people.” Buttigieg went on to state that “all options are on the table” in terms of financing a large infrastructure investment.…
On January 20, President Biden issued a proclamation to “pause” construction of the southern border wall within seven days. The proclamation also directs the federal agencies to formulate a plan within 60 days to redirect funding for the border wall, and tasks the Secretary of Defense and the Secretary of Homeland Security to resume, modify, or terminate such projects. President Biden’s proclamation rescinds the national emergency declaration issued under the Trump Administration to divert roughly $10 billion towards construction along the southern border. The pause applies to both border wall projects funded by redirected funds and border wall projects funded by direct…
On January 20, President Biden signed several executive orders to start work on his campaign promises to take steps on climate change and environmental justice as well as heighten enforcement. The transition team circulated a list of regulations to review include many that AGC has advocated on in recent years, such as waters of the United States (WOTUS), species concerns, and streamlining of federal reviews and approvals. This review process will take time and in some cases years to occur; and AGC will continue to stay engaged. As is commonly done, the Biden Administration initiated an immediate freeze on all federal rulemakings that are…
On January 20, President Biden released a legislative proposal to reform the nation’s immigration system. The proposal is separate from presidential actions halting construction of the southern border wall or preserving and fortifying Deferred Action for Childhood Arrivals (DACA). The legislative reform proposal would create a path to citizenship for the estimated 11 million undocumented individuals through a multi-year process if individuals pay taxes, pass background checks, and meet other requirements. Other individuals, such as those in the Deferred Action for Childhood Arrivals (DACA) Program and Temporary Protected Status (TPS) holders, could receive permanent status immediately. Extending long-term legal certainty to DACA and…
AGC continues to track and comment on several environmental regulatory actions relevant to construction that the Trump Administration advances in the final days of the term, including those impacting species and Clean Water Act (CWA) permitting. Several of these actions are vulnerable to change during a Biden Administration, either through legal challenges, administrative actions and delays, or revision through the regulatory process. In the last few weeks, the administration has finalized the following regulations relevant to the construction industry—as well as a host of others (see EPA press releases during this time period). The Multi-Sector General Permit for stormwater discharges at industrial facilities is…