Author: agcnews

AGC’s lawsuit against the federal vaccine mandate is fast-tracked, as a nationwide halt to the mandate’s implementation is limited by another court. AGC of America’s Construction Advocacy Fund-backed lawsuit in the U.S. District Court for the Northern District of Texas challenging the federal contractor vaccine mandate is moving forward. It had been on hold since December 2021 pending a decision from the U.S. Court of Appeals for the 11th Circuit. That decision from the 11th Circuit came on August 26, when that court limited the scope of a nationwide injunction halting implementation of the mandate to only the plaintiffs in that particular case. Based on that…

Construction firms added 16,000 jobs in August, according to an analysis of federal employment data released today by the Associated General Contractors of America. Association officials said their newly released survey, conducted with Autodesk, showed contractors are eager to hire more employees but are being stymied by a dearth of qualified workers. “Nonresidential construction activity is growing but contractors universally report difficulty hiring as many workers as they need,” said Ken Simonson, the association’s chief economist. “With the industry unemployment rate hovering below 4 percent, finding qualified applicants is sure to remain a major challenge.” Read more.

Total construction spending decreased by 0.4 percent in July as spending on new houses and apartments tumbled, overshadowing a pickup in private nonresidential and public construction, according to an analysis the Associated General Contractors of America released today of federal spending data. Association officials said their newly released survey, conducted with Autodesk, showed labor shortages and supply chain problems are limiting their ability to complete projects, likely undermining total construction spending levels. “There were gains for the month for nearly every private nonresidential category, along with a jump in highway and transportation work,” said Ken Simonson, the association’s chief economist. “But our…

91 Percent of Construction Firms Having a Hard Time Finding Workers to Hire, Driving Up Costs and Project Delays, New Survey by the Associated General Contractors of America and Autodesk Finds Construction workforce shortages are affecting nearly all construction firms, undermining the industry’s ability to complete projects on time and on schedule and threatening the success of new federal investments in infrastructure and manufacturing, according to the results of a workforce survey conducted by the Associated General Contractors of America and Autodesk. The results underscore how public officials have a vested interest in investing in new construction-focused workforce development programs, association officials…

Construction employment increased in 250 or 70 percent of 358 metro areas between July 2021 and July 2022, according to an analysis by the Associated General Contractors of America of new government employment data. But association officials cautioned that most construction firms report they are struggling to find enough qualified workers to hire, according to a survey the association and Autodesk will release Wednesday. “It is good to see construction employment top year-ago levels in more than two-thirds of the nation’s metro areas,” said Ken Simonson, the association’s chief economist. “However, the record number of construction job openings at the end of June…

On April 8, the Department of Labor (DOL) / Occupational Safety and Health Administration (OSHA) announced the first-ever national emphasis program (NEP) on heat-related hazards in the workplace would go into effect immediately. The NEP set a goal for the agency to double the number of workplace inspections related to heat. The NEP identifies the general duty clause, Section (5)(a)(1) of the OSH Act, as the mechanism to cite employers for heat-related hazards if all criteria to support such a citation are met. Those criteria are as follows: To help AGC further engage with OSHA regarding concerns with the NEP,…

In the latest installment of protracted litigation involving Browning-Ferris Industries (“BFI”) and the appropriate standard for determining joint-employer status under the National Labor Relations Act, the U.S. Court of Appeals for the District of Columbia Circuit on July 29 vacated a National Labor Relations Board decision in BFI’s favor. The standard is significant, as companies that are joint employers may be held jointly responsible for any unfair labor practices and collective bargaining obligations related to the jointly employed workers. In the overturned decision, the Board in 2020 – then under Republican control – held that BFI was not a joint employer with staffing company…

Component 2 Pay Data for 2017 & 2018 Reports Not to be Included The Office of Federal Contract Compliance Programs (OFCCP) is offering all federal government contractor organizations 30 days from today, August 19, 2022 (deadline September 19, 2022) to file written objections to the OFCCP’s anticipated disclosure of the 2016-2020 EEO-1, Type 2 Consolidated Reports. The Type 2 Reports include data for all employees of the company (i.e., all employees at headquarters as well as all establishments) categorized by race/ethnicity, sex, and job category. The OFCCP states that any disclosure will not include the Component 2 pay data that was required on the 2017…

NCAP to Launch with Educational Webinar on August 26, 2022 On August 26, 2022, OFCCP is rolling out a new portal for construction employers to use in identifying subcontractors that are awarded contracts valued at $10,000 or more. This portal will require prime/direct federal construction contractors as well as prime/direct federally-assisted construction contractors to enter information in the portal that identifies the subcontractor, including contact information, the contract value, estimated start and completion dates, the prime contractor’s information, and the place of contract performance. Prime contractors are encouraged to adapt their bid solicitation notices to put potential subcontractors on notice up front…

The U.S. Department of Labor did not violate the Davis-Bacon Act or regulations when the Department set prevailing wage rates based partly on wages from projects outside the relevant geographic area, held the U.S. District Court for the District of Nevada in an Aug.11 opinion rejecting a challenge jointly brought by Nevada Chapter AGC, ABC Nevada Chapter, and Nevada Trucking Association. The dispute concerns wage determinations covering Nevada highway construction that the Department issued in 2018 following a statewide wage survey conducted by the Department in 2017. The Department’s internal guidelines in effect at the time required consideration of wage data for…