Author: agcnews

On August 25, the Occupational Safety and Health Administration (OSHA) formally convened the Small Business Advocacy Review (SBAR) panel, also known as a “SBREFA” panel, on a possible heat standard. The panel provides Small Entity Representatives (“SERs”), that meet the Small Business Administration’s (SBA) size standards, with an opportunity to review OSHA’s proposed approaches to regulating heat exposures in indoor and outdoor workplaces. As part of the review process, SERs will inform the agency of the potential impacts the proposal will have on the small business community as well as offer alternative approaches. OSHA will host several SBAR panel videoconferences between September…

Termination for cause is costly and adversarial and has been covered in this article. But can a terminating party use equipment and tools left behind on the worksite (i.e., a crane)? The answer depends on what is in your contract. Under ConsensusDocs, a constructor must give its permission to use any equipment or supplies left at the worksite, such as a crane.[i] Moreover, the owner must indemnify the constructor for using their equipment. This makes sense because even if a constructor were appropriately terminated for cause, using their equipment and materials they no longer possess or control unfairly creates additional liability exposure. At…

Curious about the latest labor regulations? The U.S. Department of Labor’s wage determination process has a new rule coming into play on October 23, 2023. The Davis-Bacon Final Rule brings significant changes while retaining some key elements. The Davis-Bacon and related acts mandate that federal and federally assisted contractors pay prevailing wages, along with meeting enforcement and record-keeping requirements. This comprehensive 700-page rule reverts to a pre-Reagan era definition of prevailing wages, lowering the threshold from 50% to 30%. The new rule also consolidates various past rules and guidance into a single set of clear directives for contractors to follow,…

The Office of Federal Contract Compliance Programs (OFCCP) has updated its substance use disorder webpage. AGC members that work on construction projects under contracts with the federal government – which are typically covered by Section 503 of the Rehabilitation Act of 1973 – might find the information and resources there particularly useful. Other contractors might also find some of the resources helpful for compliance with the Americans with Disabilities Act. In a recent announcement about the update, OFCCP stated: Under Section 503 of the Rehabilitation Act of 1973 (Section 503), individuals with substance use disorder (including alcohol) may be considered qualified individuals with disabilities if they…

In an ever-evolving digital landscape, the United States Citizenship and Immigration Services (USCIS) has given employers a new option for verifying employment eligibility. On July 21, 2023, the USCIS announced a final rule, effective August 1, 2023, that allows employers to have an alternative procedure (also referred to as “permanent virtual verification”), whereby qualifying employers may inspect employees’ Form I-9 documentation virtually as opposed to performing a physical verification, which was required for all new hires until the COVID-19 exception was created in March 2020. This innovative approach aims to modernize the process of employment eligibility verification while ensuring compliance…

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…