Author: agcnews

Before the National Labor Relations Board’s (“Board” of “NLRB”) December 13 decision in Thryv, Inc., the Board’s traditional make-whole remedy for employee losses suffered as a result of an employer’s unfair labor practice was generally limited to back wages and/or reinstatement of employment. Following the decision, employers may be required to pay for a broader range of damages.In the Thryv case, which involved an employer’s alleged unfair labor practices relating to bargaining over a reduction in force, the Board dramatically broadened its interpretation of the scope of employer liability under the National Labor Relation Act (“Act’). It held that, in addition to back wages…

On December 12, the Department of Homeland Security (DHS) and the Department of Labor (DOL) announced the availability of 64,716 H-2B visas for the entirety fiscal year 2023. The H-2B program allows U.S. employers who meet specific regulatory requirements to bring foreign nationals to the United States to fill temporary (seasonal) nonagricultural jobs. Congress has typically capped the number of the temporary visas at 66,000 a year – 33,000 for summer and for winter. The H-2B visa allocation consists of roughly 44,700 visas available to returning workers who received an H-2B visa or were otherwise granted H-2B status during one of the…

AGC recently submitted comments on the U.S. Department of Labor (DOL) Wage and Hour Division’s (WHD) proposed rule to establish a new test for determining who is an independent contractor versus an employee under the Federal Labor Standards Act (FLSA). When the proposal is finalized, it would rescind a Trump administration final rule clarifying the standard for employee versus independent contractor status under the FLSA. AGC opposes the creation of this new standard for independent contractor classification and urged the DOL to withdraw this proposed rule. AGC has long called for federal clarification of the independent contractor status and preservation of legitimate independent contractor relationships, such…

The Treasury Department and Internal Revenue Service have published a notice of initial guidance providing taxpayers some information on how to satisfy the prevailing wage and apprenticeship requirements for enhanced tax benefits under the Inflation Reduction Act (IRA). The publication of this notice begins the 60-day period in which taxpayers must begin construction of a facility (or installation under the rules for expensing energy efficient commercial building property) to receive the enhanced tax benefits without satisfying the prevailing wage and apprenticeship requirements as described in this notice. Specifically, in order to receive increased incentives, taxpayers must meet the prevailing wage and apprenticeship requirements for…

Expansion Would Threaten Traditional Subcontracting Relationships AGC of America filed comments with the National Labor Relations Board (the “Board”) on Dec. 7 in response to the agency’s proposed rule to revise the standard for determining joint-employer status under the National Labor Relations Act (“NLRA”). The proposed rule would rescind a regulation promulgated by the Board during the Trump Administration and replace it with a standard that would render more employers subject to being deemed a joint employer of another company’s employees. Regulations presently allow a company to be deemed a joint employer under the NLRA only if it actually exercises…

ConsensusDocs and JAMS share common dispute mitigation and resolution goals and bring together a talented group of neutrals to contribute to better and more efficient construction contracting. ConsensusDocs (a family of standard form construction contracts promulgated by 40+ participating construction industry associations) provides form contracts that foster open communication pathways among the parties, a balanced allocation of risks, and avoidance or early mitigation of disputes. JAMS (a leading provider of arbitration, mediation, and related dispute resolution services through a select panel of distinguished neutrals) shares common goals with ConsensusDocs in promoting efficient and cost-effective resolution of the disputes that arise…

The Associated General Contractors of America (AGC), through a working group of the AGC Contract Documents Forum, has just released comments to the ConsensusDocs 750 Standard Agreement Between the Constructor and Subcontractor. These comments follow on to comments AGC adopted in January of this year related to the ConsensusDocs 200 prime agreement that includes general terms and conditions. General contractors will want to consider these comments in tailoring standard ConsensusDocs contract document language for their own project-specific purposes. ConsensusDocs publishes contractual best practices that are fair to all parties and are created by a coalition of over 40 organizations. AGC’s…

The price of materials and services used in nonresidential construction continued rising at a double-digit rate in November from a year earlier, propelled by outsized increases in the cost of a variety of building materials, according to an analysis by the Associated General Contractors of America of government data released today. Association officials noted that contractors are having to pay more both for materials and for the subcontractor services they need to finish most projects. “Although inflationary pressures are cooling in some areas, overall costs for construction are still rising at painfully high rates,” said Ken Simonson, the association’s chief economist. “In…

Construction has one of the highest suicide rates of all major industry groups. AGC of America is launching a new effort to combat the silent epidemic of suicide and other mental health issues plaguing our workforce. As part of this effort, we are releasing a series of videos telling the stories of real industry professionals who have struggled with mental health. We hope that in sharing their stories, others will know they are not alone, and it is okay to seek help when it is needed. For more information and resources, visit agc.org/mental-health-suicide-prevention.

As a leader in her community and having personally witnessed a loved one’s battle with substance misuse, Michelle de Potter uses her platform to bring attention to mental health and suicide in the construction industry. In the video, Michelle, CEO and lobbyist for the AGC Florida East Coast chapter, emphasizes the critical importance of mental health as part of workplace safety. She recounts the traumatic experience of her birth father’s addiction following a workplace injury, a struggle that profoundly impacted her life. Michelle candidly discusses the stigma surrounding mental health and addiction in the industry and advocates for open dialogue…