Author: agcnews

Arbitration serves the construction industry well because arbitration panelists, who preside over binding decisions in arbitration, possess familiarity and subject matter expertise in construction. Construction cases often hinge on technical and complex matters. Also, arbitration generally offers faster and less costly resolution than litigation. In recent decades, arbitration has been critiqued for becoming more resource-intensive, involving extensive discovery. Some have coined this “arbilitigation.” There are ways for parties to act as decision-makers to streamline the process. ConsensusDocs is offering a July 18th live webinar entitled “Unlocking the Advantages of Arbitration Over Litigation,” which you can register for here. The webinar will outline…

AGC joined 95 other business organizations urging the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) to stay implementation of the overtime final rule to allow for judicial review. There are currently four legal challenges to the Department of Labor’s overtime rule in various federal courts, leaving the rule in legal jeopardy. Despite this legal uncertainty, the rule is currently slated to go into effect on July 1. This April, the DOL announced a final rule to Define and Delimit the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees under the Fair Labor Standards Act. The Associated General Contractors of America…

AGC of America joined 70 organizations, employers, unions, patient and disease advocacy groups, and health care stakeholders in reminding Congress of the value of employer-provided health care coverage and explaining why it should remain tax-free. The letter notes, “Employer-provided health care coverage advances the health and financial security of our nation by providing stable and effective financial protection to workers and their families, nearly 180 million in all, covering more Americans than any other insurance system.” “We are deeply concerned about proposals that will jeopardize the affordability and accessibility of health coverage. In addition to broad societal benefits and underpinning…

Only one-fifth of federal investments in postsecondary education support workforce development for fields like construction and manufacturing, while the rest of the money goes to “traditional” degree programs according to a new report on federal workforce funding levels released today. The report, which was produced by the Progressive Policy Institute, the Associated General Contractors of America and Procore, notes that this funding gap is making it hard for many employers to find qualified workers to hire. “If the U.S. does not act now to ensure the nation’s workforce is prepared for open job opportunities, more Americans will be unqualified for work and…

The construction industry added 21,000 jobs in May and 251,000 jobs over the past year, with increases at both nonresidential and residential construction firms, according to an analysis of new government data the Associated General Contractors of America released today. Association officials noted that nonresidential contractors report continuing difficulty filling positions despite the job gains, and they urged government officials to boost support for career development and allow more employment-based immigration. “Construction firms have been adding workers at a faster clip than most sectors,” said Ken Simonson, the association’s chief economist. “But contractors say they are still having trouble finding enough skilled…

Total construction spending inched down from March to April with declines in public projects and a mixed pattern among private residential and nonresidential categories, according to an analysis of a new government report that the Associated General Contractors of America released today. Association officials noted that construction spending levels remain well above where they were a year ago and that most firms continue to struggle to find enough qualified workers to hire. “Overall spending slipped despite upturns in manufacturing and power construction and a slight pickup in single-family homebuilding,” said Ken Simonson, the association’s chief economist. “Most public segments continued…

Hosted by the National Utility Contractors Association (NUCA), with support from the Occupational Safety & Health Administration (OSHA), the goal of the annual Trench Safety Stand Down (TSSD) is to reach out to the many workers who work in and around trenches and excavations to provide them with information about current excavation requirements and safety procedures for working in trenches. To access all the resources you need to plan your event, visit the NUCA TSSD webpage. Below is a roundup of AGC and other resources related to trenching and excavation safety. For more information, please contact Nazia Shah at nazia.shah@agc.org.

On May 10, the Occupational Safety & Health Administration (OSHA) issued a memorandum titled Interim Guidance for Worker Walkaround Representative Designation Process. The memorandum provides interim guidance for implementing the Worker Walkaround Representative Designation Process final rule (“Walkaround rule”), which was published on April 1, 2024, and went into effect on May 31, 2024. This rule clarifies that employee representatives during OSHA inspections can include third-party individuals if deemed necessary by Compliance Safety and Health Officers (CSHOs). Key points include: Field staff were directed to familiarize themselves with the rule’s FAQs and the preamble to address questions from employers and employees effectively. For additional information…

Earlier this year, AGC of America filed a coalition amicus brief with the U.S. Supreme Court, supporting a water utility sector’s request for the Court to clarify whether Clean Water Act (CWA) NPDES (National Pollutant Discharge Elimination System) permits can include generic prohibitions. AGC members have noted these generic prohibitions in permits nationwide. This language does not provide a compliance path for permittees and exposes them to enforcement, criminal penalties, and citizen suits for activities that conform to the permit. On May 28, the Court issued an order granting certiorari, meaning it will hear the case. The Feb. 12th coalition amicus brief urged…

On May 17, AGC and its coalition peers responded to a recent White House Office of Management and Budget (OMB) request for feedback on methods and practices for advancing public participation and community engagement (PPCE). The comments urge the agency to recognize the importance of engagement with the regulated community, enhance participation and accessibility, and improve transparency. According to OMB, the agency is working to develop a government-wide framework, common guidelines, and leading practices for PPCE and requested recommendations on methods, approaches, and available tools. In addition to highlighting the need for the federal government to include the regulated community in these efforts, the…