Author: agcnews
Florida and Idaho Have Strongest Recoveries from Two Years Ago, While New York, North Dakota Lag the Most, California and Rhode Island Top Lists of Gains from January, As Georgia Registers Worst One-Month Losses Construction employment exceeded pre-pandemic levels in 32 states in February, according to a new analysis of federal employment data released by the Associated General Contractors of America. Association officials warned the gains may be undermined if skyrocketing materials costs and delayed shipments cause owners to postpone or cancel projects. “Construction is doing well at the moment in most states but fast-rising costs may cause some owners to cancel planned…
IPD represents a small share of project delivery methods used in the United States, but there are advantages. Lean construction works most efficiently with an IPD agreement providing the contractual framework to collaborate. A highlight recent study concluded that the business case for lean construction is compelling. A recent AGC webinar outlining the study can be accessed here. One interesting aspect of IPD agreements is the prime-level parties are bound by the contract and share the risks and rewards. Looking for fair contracts that yield better project results, while saving you time and money? Check out ConsensusDocs 300 and 305 Lean and IPD Lean…
Aligns with Executive Order Proposing Pay History Ban for Federal Contractors On March 22nd, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) issued a proposed modification to a final rule that aims to create a streamlined, efficient and flexible process allowing the department to use its resources strategically to remove barriers to equal employment opportunity. The proposed rulemaking seeks to revise the final rule, “Nondiscrimination Obligations of Federal Contractors and Subcontractors: Procedures to Resolve Potential Employment Discrimination,” in effect since Dec. 10, 2020. The 2020 rule codified two formal notices, the Predetermination Notice and the Notice of Violation, that the agency…
A federal Judge in Texas recently ruled that the Biden administration’s U.S. Department of Labor (DOL) Wage and Hour Division (WHD) DOL violated the Administrative Procedure Act (APA) when promulgating both the Delay and Withdrawal Rules. The ruling effectively reinstates the Trump rule dating back to March 2021. AGC has long called for federal clarification of the independent contractor status and preservation of legitimate independent contractor relationships, such as those that have historically existed in the construction industry. AGC supported the Trump administration’s rule that adopted a consistent, clear and common-sense standard for determining independent contractor status under the FLSA and filed comments opposing the…
On March 3, 2022, President Joe Biden signed a law that limits the use of predispute arbitration agreements and class action waivers covering sexual assault and sexual harassment claims. As anticipated, President Biden has signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021. The Act amends the Federal Arbitration Act (FAA) to give employees who are parties to arbitration agreements with their employers the option of bringing claims of sexual assault or sexual harassment either in arbitration or in court. What the Law Says The Act amends the FAA to include a new…
According to the latest Contractor Compensation Quarterly (CCQ) published by PAS, Inc., construction executive staff wage increases came in at 4.3% for 2021 and are also projected to rise by an average 4.3% by 2022 year-end. Though the projected 2022 increase is 4.3%, it is pointed out that historically executive staff predictions are low, so year-end 2022 increases might come in even as high as 4.8%. PAS also just finished the 2022 Construction/Construction Management Staff Salary Survey which indicated a wide regional variation in the 2021 actual pay increase data ranging from 3.5% to 5.3%. The overall projected increases came in at…
First Update in 40 Years to DBRA Regulations On March 11, the Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) released a proposed rule to significantly revise the regulations implementing the Davis-Bacon Act and its prevailing wage. This 40-year awaited update reverts to the pre-1983 methodology for determining whether a wage rate is prevailing, also referred to as the “30 percent rule”. The rule also significantly revises its “site of work” provisions along with its survey data and wage determination collection and processes that would allow WHD to use a broader data set (geographically) than they currently utilize.…
Aligns with Executive Order Proposing Pay History Ban for Federal Contractors Marking Equal Pay Day, on March 15th the Office of Federal Contract Compliance Programs (OFCCP) issued a new directive to promote greater contractor attention concerning the proactive and effective use of pay equity audits to identify barriers to equal pay in their pay-setting and employment practices. The directive aligns with the Executive Order on Advancing Economy, Efficiency, and Effectiveness in Federal Contracting by Promoting Pay Equity and Transparency also signed on March 15th by President Biden. The Executive Order directs the Federal Acquisition Regulatory Council, in consultation with the Department of Labor, to consider proposing rules limiting or prohibiting federal contractors from…
The U.S. and U.K. reached a Section 232 trade agreement which will lower tariffs on steel and aluminum imports from the UK. The agreement is based on a tariff-rate quota where the rate for steel (25%) and aluminum (10%) will be lowered to 0% until a quota has been reached, at which point the previous rate will set back in. This agreement will be effective June 1st, 2022. The trade deal comes at a time when the world is experiencing unprecedented supply chain issues and material shortages and this agreement will add 250,000-500,000 metric tons of additional steel available yearly to the…
Business Development within the construction industry presents multiple challenges as competition levels rise, continued supply obstacles occur, and labor shortages pressure companies to do more with less. On this episode, members of AGC’s Business Development Forum – Chris Martin, President at Atlas Marketing and Tonya Byrd (Jackson), Business Development Manager at Gilbane Building Company – discuss these challenges and share best practices and methods to help your construction company grow. Get ready for some first-hand stories of techniques and proven approaches that you can apply to achieve revenue and profit growth in today’s market.