Author: agcnews

The unprecedented wildfires that have devastated Lahaina and other parts of Maui the past few weeks have affected thousands of people in the island community. With the death toll, injuries, and the amount of damages rising, there is a strong desire from our members to help.  The Maui Strong Fund was created to provide community resilience with resources for disaster preparedness, response, and recovery. The fund is currently being used to support communities affected by the wildfires on Maui. HCF is working in close collaboration with state and county leaders, nonprofit organizations, businesses, and philanthropists to get a clear understanding of the…

The National Labor Relations Board (“NLRB” or “Board”) in a ruling issued on Aug. 2 changed the law again on employee handbooks by modifying the legal standards that have provided a commonsense solution for evaluating workplace misconduct rules for the past six years. The decision in Stericycle, Inc. will dramatically impact employers across the country, leading many to once again modify their handbooks to ensure compliance with the latest NLRB mandates. While some employers already review their handbooks on a yearly basis, it may be important to do so more frequently in light of this ruling – and the additional decisions and…

Construction employment increased in 45 states and the District of Columbia in July from a year earlier, while 27 states added construction employees from June to July, according to a new analysis of federal employment data released by the Associated General Contractors of America today. Association officials said recent job gains would be more widespread if government officials helped more people prepare for construction careers. “Construction job gains were nearly ubiquitous over the past year,” said Ken Simonson, the association’s chief economist. “While barely half the states added construction employees in July, that is due to the sector’s ultra-low unemployment rate. There is…

Overview: The Office of Federal Contract Compliances Programs (OFCCP) issued revised final Pre-Enforcement Notice and Conciliation Procedures on August 4, 2023, which substantially altered the standards by which those contractors’ efforts will be evaluated in compliance reviews. The revised regulation culminates a process to rescind the existing rule that began a mere 15 months after the prior regulation was promulgated. The new rule becomes effective on Sept. 5, 2023. Background on 2020 Rule: The 2020 Pre-Enforcement Notice and Conciliation Procedures (“PDN”) Rule was designed to strengthen the evidentiary bases for the agency’s enforcement proceedings. The 2020 rule was a response to a 2016 GAO…

AGC of America has released a new state-by-state guide on wage theft laws. The comprehensive resource features information on wage theft laws from across the country in a user-friendly format not widely available from any other source. AGC members can access the Wage Theft Guide for free on AGC’s website. Wage theft – a broad term referring to various ways by which employers fail to pay employees full compensation – is a serious problem in the construction industry. A growing number of state and local governments have adopted laws to address the problem, giving workers new avenues to recover underpaid wages, expanding…

U.S. Department of Labor (DOL) recently announced their massive final rule “Updating the Davis-Bacon and Related Acts Regulations.” The expected effective date is October 23, 2023. AGC of America was successful in paring down some of the more controversial proposals in the over 700-page rulemaking. Nevertheless, our preliminary analysis shows that more work will be covered under Davis Bacon than previously and that DOL still critically missed an opportunity to improve the wage determination process. To help AGC members understand the rulemaking, please find the following resources: We are currently scheduling a private (AGC members only), virtual update from the DOL’s Wage…

Agencies have delayed permits until changes are final This summer the U.S. Environmental Protection Agency and U.S. Army Corps of Engineers announced plans to revise the 2023 waters of the United States (WOTUS) rule in response to the U.S. Supreme Court ruling in Sackett v. Environmental Protection Agency. That revision is currently at the Office of Management and Budget for regulatory review ahead of its anticipated release on September 1st–most likely as a final rule, not a proposal. The agencies are not moving forward with approved jurisdictional determinations (AJD) in the interim; although AGC members in some districts have shared that permits will…

The price of materials and services used in nonresidential construction inched up 0.2 percent from June to July, while a government index that measures contractors’ bid prices fell by 1.4 percent, according to an analysis by the Associated General Contractors of America released today. Association officials said contractors are finally seeing some relief from recent supply chain problems and price escalations, but the competitive market means key materials are still very hard to find. The impacts from the pandemic and Russia’s attack on Ukraine have faded, however, long lead times remain for electrical equipment and construction machinery. Cement, lumber, plywood and asphalt…

On August 1, the proposed rule on Sustainable Procurement was issued that will, among other things, require all federal agencies to prioritize the procurement of sustainable products and services “to the maximum extent practicable.” While the proposed rule largely consolidates existing requirements for federal agencies and federal contractors, the proposed rule allows for greater enforcement by contracting officers. Currently, federal agencies are required to ensure that 95 percent of new contracts use products or services that are energy-efficient, water-efficient, biobased, environmentally preferable, non-ozone depleting, or made with recovered materials. Additionally, the proposed rule directs federal agencies to follow EPA’s Recommendations of Specifications, Standards,…

AGC members perform a diverse range of projects including building construction for agencies such as the General Services Administration, military construction projects for the Department of Defense and water resources projects that benefit our nation’s navigation and flood control. The Federal construction market is accountable for over $100 billion worth of spending annually. Join our networking forum on LinkedIn today! This networking forum is for all AGC Federal Contractors and their employees, specialty contracting, supplier and service provider partners. Connect, share, learn, and network with AGC members who perform a diverse range of projects including building construction for agencies such…