Author: Crystal Yates
On Jan. 5, AGC responded to a newly proposed definition of the term “waters of the United States” under the Clean Water Act—determining when a water falls under federal or state jurisdiction. If federal, the permitting process can add significant cost and scheduling delays to projects. AGC made recommendations to strengthen the proposal to ensure roadside ditches, stormwater controls, and other mostly dry features are not regulated as federal waters. As previously reported, the joint U.S. Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers proposal aims to more fully align the regulation with the statute and recent…
On December 16, for the second time in 2025, the U.S. Court of Federal Claims ruled that a requirement to use a project labor agreement (PLA) on a large-scale federal construction project (contract value over $35 million) is anti-competitive and therefore violates the Competition in Contracting Act (CICA). The court further issued a permanent injunction removing the PLA requirement from the challenged solicitation. The court’s December 16 decision to strike down application of the federal PLA mandate arose in response to AGC-member Brasfield & Gorrie’s (B&G) bid protest in connection with a United States Corps of Engineer’s (USACE) solicitation for…
The U.S. Department of Labor’s Wage and Hour Division has released new and updated online compliance assistance toolkits for employers targeting specific industries and laws. Among those of potential interest to AGC members are: The toolkits provide basic information and links to additional resources to assist employers in understanding and meeting federal wage-and-hour legal requirements. Employers are reminded of the need to comply with state laws as well. AGC offers further resources on these topics in the Labor & HR Topical Resources section of its website. To access the resources, you must be logged in with AGC-member credentials.
AGC joined a multi-industry letter urging Congress to pass the Improve and Enhance the Work Opportunity Tax Credit Act (S. 3265 / H.R. 6231)(WOTC). The bill would extend WOTC for five years, increase the credit, and add eligible individuals for the credit. WOTC has long helped employers hire individuals facing barriers to employment, including veterans, military spouses, Supplemental Nutrition Assistance Program (SNAP) recipients, individuals with disabilities, and second-chance workers. With WOTC set to expire at year’s end, the letter highlights the risk to employers and workers. AGC will continue supporting efforts to seek WOTC program renewal.
The U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) recently announced two updates designed to improve compliance and streamline reporting under the Davis-Bacon and Related Acts (DBRA): Both resources are now available and may be used immediately. For more information, contact Claiborne Guy at claiborne.guy@agc.org.
The U.S. Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP) recently updated the jurisdictional thresholds for Section 503 of the Rehabilitation Act, 29 U.S.C. 793, and the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA), 38 U.S.C. 4212. The basic coverage threshold for Section 503 increased from $15,000 to $20,000, and the VEVRAA threshold increased from $150,000 to $200,000. These increases resulted from an inflationary adjustment statute that authorizes the Federal Acquisition Regulatory Council to review and adjust “acquisition-related” threshold amounts in statutes that apply to federal procurement. Accordingly, the Affirmative Action Program (AAP) requirements for VEVRAA now…
The Department of the Treasury and the Internal Revenue Service today issued guidance for workers eligible to claim the deduction for tips and for overtime compensation for tax year 2025. The IRS had previously announced that, for tax year 2025, employers will not face penalties for failing to separately report qualified overtime compensation. The One, Big, Beautiful Bill Act (OBBBA) specifically allows eligible employees to deduct a certain amount of qualifying overtime pay from their federal taxable income for 2025-2028 tax years. The guidance clarifies for workers how to determine the amount of their deduction without receiving a separate accounting…
On November 21st, the U.S. Fish and Wildlife Service released proposals related to endangered and threatened species and their habitat. The proposals would generally reinstate AGC-supported changes made during the first Trump administration that were reversed by the Biden administration. In the course of their work, contractors routinely take steps to avoid or minimize impacts to protected species—those activities should be largely unchanged by these proposals. The proposals are focused on streamlining how the Service implements the Endangered Species Act: providing some clarity on key definitions (e.g., foreseeable future) as well as boundaries to critical habitat and the scope of…
AGC of America’s next quarterly virtual meeting of the Union Contractors Forum is scheduled for Wednesday, December 3, 2025, at 3:00 p.m. EST. Click here to register. The purpose of the meeting is to discuss key union contractor issues and challenges at the national and local levels. Open to all AGC members and chapter staff, this virtual town hall provides an opportunity for industry professionals from various sectors to share best practices and discuss emerging labor trends. An agenda and speaker information will be shared soon. To encourage open conversation, the session is not recorded for distribution. For more information, please contact…
On November 20, the House Committee on Natural Resources passed the Standardizing Permitting and Expediting Economic Development (SPEED) Act, which would reform the permitting and judicial review process of projects under the National Environmental Policy Act of 1969 (NEPA). The bill streamlines NEPA by reestablishing it as a procedural statute, codifying the Supreme Court’s Seven Counties decision into law. If enacted, the bill would affirm AGC’s permitting reform priority of establishing a 150-day statute of limitations for filing a legal challenge of a NEPA permitting decision. Additionally, the bill would codify another AGC priority into law by restricting third-parties from…