Author: agcnews

Steep monthly declines in public and private nonresidential construction spending offset a surge in homebuilding in July, while industry employment decreased compared to July 2019 levels in two-thirds of the nation’s metro areas, according to an analysis by the Associated General Contractors of America of government data released today. Association officials said many commercial construction firms were likely to continue shedding jobs without needed federal coronavirus relief measures. “The dichotomy between slumping nonresidential projects—both public and private—and robust homebuilding seems sure to widen as the pandemic continues to devastate state and local finances and much of the private sector,” said Ken Simonson,…

The U.S. Fish and Wildlife Service and the National Marine Fisheries Service are proposing to add a definition of “habitat” to the regulations that implement section 4 of the Endangered Species Act (ESA). The proposed definition – which would be used in the context of making critical habitat designations – comes following a recent U.S. Supreme Court decision that concluded “critical habitat” must first be habitat (Weyerhaeuser Co. v. U.S. FWS, 139 S. Ct. 361 (2018)) (see AGC article). The Act prohibits adverse modification to “critical habitat” of listed species but it currently does not define “habitat.” A definition of…

On Aug. 11, 2020, the U.S. District Court for the Southern District of New York (SDNY) invalidated the 2017 Department of the Interior legal opinion (M-37050) that had reversed prior policy by stating that the Migratory Bird Treaty Act (MBTA) does not prohibit incidental take. The SDNY judge disagreed and concluded the MBTA prohibits take “by any means or in any manner.” The court’s decision adds a new twist to ongoing efforts at the agency to finalize an AGC-supported rule intended to codify the now vacated legal opinion. Moving forward, the Department of Justice may appeal the decision and on a parallel track, the…

On this special episode, AGC’s Senior Director of Safety and Health Services, Kevin Cannon and Director of Safety and Health Services, Nazia Shah, showcase the events scheduled for September 14-18, 2020, (Construction Safety Week and OSHA’s Fall Safety Stand-down) and how contractors and their partners can take this opportunity to recommit to sending every worker home safe each day. Find out how to participate, access online materials and best practice resources, and be recognized for your efforts. RESOURCES1. Construction Safety Week: www.constructionsafetyweek.com/• Resources: www.constructionsafetyweek.com/plan-for-…ety-week/• Certificate of Participation (via AGC): www.surveymonkey.com/r/2V7ZLP2• Media Coverage Request Form: www.surveymonkey.com/summary/9bg7gA…9iQmazK1DWRREp 2. OSHA National Safety Stand-Down to Prevent Falls in…

With telework arrangements expanding in response to the coronavirus pandemic, the U.S. Department of Labor’s Wage and Hour Division (WHD) issued Field Assistance Bulletin (FAB) 2020-5 to clarify an employer’s obligation to track the number of hours of compensable work by employees who are teleworking or otherwise working away from premises controlled by their employers. In a telework or remote work arrangement, the question of the employer’s obligation to track hours actually worked for which the employee was not scheduled may often arise. While the guidance issued responds directly to needs created by new telework or remote work arrangements that arose in…

The U.S. Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers have released new implementation tools for the Navigable Waters Protection Rule that went into effect earlier this summer. These tools are available online for the public to view and include educational resources, new forms, and “implementation memos” to provide greater clarity and consistency implementing the rule across the country. Resources EPA implementation page: https://www.epa.gov/nwpr/training-and-implementation-materials Corps implementation page: https://www.usace.army.mil/Missions/Civil-Works/Regulatory-Program-and-Permits/juris_info/ Implementation Memos – In Brief For more information, please contact Melinda Tomaino at Melinda.tomaino@agc.org.

The National Labor Relations Board (“NLRB” or “Board”) has revised its standard for determining the lawfulness of an employer’s discipline or discharge of an employee who has engaged in abusive or offensive conduct —including making profane, racist, and sexually unacceptable remarks—in the course of activity otherwise protected under the National Labor Relations Act (“NLRA”). In its July 21 decision in the General Motors LLC case, the Board replaced a variety of standards applied for different sets of circumstances with a single test. The chosen test was an existing standard known as the Wright Line test, long used by the Board to distinguish…

With telework arrangements expanding in response to the coronavirus pandemic, the U.S. Department of Labor’s Wage and Hour Division (WHD) issued Field Assistance Bulletin (FAB) 2020-5 to clarify an employer’s obligation to track the number of hours of compensable work by employees who are teleworking or otherwise working away from premises controlled by their employers. In a telework or remote work arrangement, the question of the employer’s obligation to track hours actually worked for which the employee was not scheduled may often arise. While the guidance issued responds directly to needs created by new telework or remote work arrangements that arose in…

Construction employment decreased from June to July in 26 states and the District of Columbia as earlier widespread job gains gave way to more project cancellations, according to an analysis by the Associated General Contractors of America of government employment data released today. Association officials said construction employment is likely to continue falling in many parts of the country without new federal recovery measures, including liability reform and new infrastructure funding. “Renewed outbreaks of coronavirus in numerous states likely caused many project owners and investors to pull back on planned construction,” said Ken Simonson, the association’s chief economist. “Meanwhile, budget problems in…

The Director of National Intelligence issued a memorandum waiving the applicability of new prohibition of certain telecommunications for the Department of Defense (DOD) which will allow it to continue to contract with entities it would otherwise be prohibited from until September 30, 2020. The Interim Final Rule (IFR), often referred to as “Section 889 Part B,” prohibits federal agencies from entering into, extending, or renewing a contract with a contractor that uses any equipment, system, or service that utilizes certain Chinese companies’ telecommunications equipment or services as a component or critical technology of any system, unless an exception applies or a waiver is granted. The…