Author: agcnews
On November 15, AGC, along with industry allies, filed a lawsuit in the U.S. Court of Appeals for the Fourth Circuit challenging the recent OSHA COVID-19 emergency temporary standard (ETS). The suit highlights the many efforts the construction industry has collectively engaged in to combat COVID-19, including funding public service announcements and other proactive measures to encourage contractors to protect their workers throughout the pandemic. It also makes clear that the challenge is not in opposition to the ETS’s objective to get more people vaccinated, but the negative economic impact such a mandate will have on the construction industry and the fact…
On Nov. 10, the general counsel’s office of the National Labor Relations Board issued a memo expressing the position that employers have both decisional and effects bargaining obligations in relation to implementation of OSHA’s Emergency Temporary Standard to Protect Workers from Coronavirus (“ETS”). Although the ETS is currently on hold, the memo is valuable for what it reveals about the office’s views on employers’ duty to bargain over government mandates generally. The memo states that, while an employer is relieved of the duty to bargain over specific changes in terms and conditions of employment mandated by statute, “the employer may not act…
According to the latest Contractor Compensation Quarterly (CCQ) published by PAS, Inc., Open Shop contractors anticipate skilled craft hourly wage increases of 3.01% in 2021 (3.21% excluding zeros). Actual increases for 2020 were 2.88% (including zeros) and 3.41% (excluding zeros). These increases are across the board for all craft, contractor types, sizes, and regions of the country. WorldatWork reports 2021 actual construction increases at 3.4% for Non-exempt Hourly Non-union positions. Historically, projected numbers are slightly lower than the actual year end figure. The chart below shows how open shop craft wages have fluctuated from 2007 to 2020 (these numbers do not include…
The U.S. Equal Employment Opportunity Commission (EEOC) posted updated and expanded technical assistance related to the COVID-19 pandemic, addressing questions about religious objections to employer COVID-19 vaccine requirements and how they interact with federal equal employment opportunity (EEO) laws. The expanded technical assistance provides new information about how Title VII of the Civil Rights Act of 1964 applies when an applicant or employee requests an exception from an employer’s COVID-19 vaccination requirement that conflicts with their sincerely held religious beliefs, practices, or observances. Title VII prohibits employment discrimination based on race, color, religion, sex, and national origin. The key updates to the…
The U.S. Environmental Protection Agency (U.S. EPA) released a proposal on Nov. 18, 2021, that would return to the 1980’s regulatory framework, with some changes, on Waters of the United States (WOTUS). As previously reported in September, a district court vacated the 2020 Navigable Waters Protection Rule (NWPR), which the Biden Administration has interpreted as a nationwide vacatur. Since then, the regulated community has been following the 1980’s regulatory regime and guidance on relevant U.S. Supreme Court rulings. Earlier this summer, the U.S. EPA announced its intention to remove and replace the Trump Administration’s NWPR. The first step is the proposal the U.S. EPA just released…
There are significant flaws with the current 811 utility location system according to a new survey of construction firms that perform any kind of underground excavation released by the Associated General Contractors of America today. Most contractors say that calling 811 often leads to inaccurate line marking and that utility firms are often very slow in coming out to even do locate and mark their underground lines. “Construction firms are doing their part to avoid hitting utility lines, but the current 811 system appears to be badly flawed,” said Stephen E. Sandherr, the association’s chief executive officer. “Fixing the 811 system will…
AGC is working to block the inclusion of policies that would negatively impact military construction contractors in a final National Defense Authorization Act (NDAA) bill—a must-pass, annual defense bill. The House of Representatives passed its version of the NDAA in September and the Senate is expected to begin floor debate on its version as soon as November 15. Among other things, these policies—if included in the final bill—would: require prime contractors and subcontractors to be licensed in the state of the military construction project; establish local hiring preferences; impose subjective criteria into the suspension and debarment process that would make it easier to blacklist…
On Monday, November 15, President Biden will sign the AGC-backed Bipartisan Infrastructure Bill, also known as the Infrastructure Investment and Jobs Act (IIJA), into law. This bill will become law after a determined effort by AGC and its members—sending nearly 100,000 messages to Congress—to push it over the top. As a reminder, AGC put together this summary and also this myth v. fact document. Additionally, a breakdown of what’s in the bill for each construction market can be found here: Highway Contractors; Utility Contractors; Direct Federal Contractors; Building Contractors; and Other Markets (Transit, Rail, Waterways, Airports). The IIJA is the most significant infusion of investment in our infrastructure since the…
On November 5, the Occupational Safety and Health Administration (OSHA) officially published its long anticipated COVID-19 vaccination and testing emergency temporary standard (ETS). AGC and other construction industry allies are preparing to see OSHA in court to defend the industry’s interests. In the meantime, to help AGC members digest this 490-page ETS, the association compiled a construction industry-oriented summary found HERE. In addition, AGC held a webinar series covering the practical, contractual, and outside solutions AGC members may want to consider. For more information, please contact Kevin Cannon at kevin.cannon@agc.org or Nazia Shah at nazia.shah@agc.org.
The history of the consulting constructor and their impact on this country and around world stands as a testament to the valued and unparalleled expertise which individuals have brought to the construction community. The purpose of the Council is to recognize those in our industry who have made significant contributions to the quality and professionalism associated with commercial construction professionals. Many in the industry have risen to prominence from small companies, while still others made their way in some of this country’s largest construction businesses. Yet today, and despite their chosen paths, each maintains an emphasis on quality of deliverables…