Author: Crystal Yates
The Equal Employment Opportunity Commission (EEOC) has sued an employer for the second time alleging that it violated the Americans with Disabilities Act (ADA) when it rescinded job offers based on applicants’ use of certain medications. On Sept. 30, 2026, the EEOC filed suit alleging that Bollinger Shipyards discriminated against five qualified job applicants by withdrawing their job offers based on concerns over potential side effects of their prescription medication. Among other allegations, the EEOC claims the parent company’s HR director put in place a blanket ban on Suboxone use for “safety-sensitive” positions. Suboxone is used to treat opioid addiction…
AGC’s 2026 Construction Workforce & HR Conference wrapped up on October 23 in Phoenix after three days focused on one of construction’s biggest challenges: finding people, keeping them, and developing the next generation of industry leaders. The conference brought together construction workforce and HR professionals from across the country to share practical strategies and new approaches. Workforce development was a major focus throughout the conference. Attendees heard how communities are responding to rapidly growing workforce demands associated with data center construction. Contractors, educators, and workforce partners shared approaches for strengthening the construction talent pipeline, including industry partnerships with K-12 schools,…
AGC of America’s Collective Bargaining Training, held October 15–16, 2026, in Rosemont, IL, explored how preparation and communication help construction contractors navigate labor negotiations. A central takeaway: successful bargaining starts well before negotiations and continues after an agreement is reached. Nearly 150 contractors, AGC chapter staff, and other management representatives heard from experienced collective bargaining practitioners – including contractors, chapter staff, and lawyers – about best practices, current trends, lessons learned, and legal considerations. Sessions at the sold-out program emphasized reviewing agreements, notice requirements, member priorities and benefit obligations early, as well as clarifying who should negotiate and who is…
Major changes are underway for several long-standing national agreements used in construction labor relations. The National Maintenance Agreements Policy Committee (NMAPC) on October 6, 2026, announced a comprehensive revision of the National Maintenance Agreement (NMA) as well as a consolidation of the NMA, National Construction Agreement (NCA) and General Presidents’ Project Maintenance Agreement (GPPMA) into one agreement. The revised, consolidated agreement will be called the National Construction and Maintenance Agreement (NCMA). It will apply to work commencing on or after January 1, 2027. The term “national agreements” refers to collective bargaining agreements negotiated by national contractor associations and national or international…
On October 19, AGC of America submitted comments on the latest batch of proposed rules in the Revolutionary Federal Acquisition Regulation (FAR) Overhaul, calling on the FAR Council to maintain clear and predictable rules for federal construction contractors. Many of the proposed rules would give contracting officers more discretion throughout the project lifecycle. Among the proposals are allowing contracting officers to accept late bids, the removal of mandatory site visit and preconstruction conference requirements, and a continued mandate to use project labor agreements on projects above $35 million. In its comments, AGC asked the Council to retain objective bid submission…
The Internal Revenue Service (IRS) released guidance implementing President Trump’s October 5 executive order temporarily suspending federal penalties for using red-dyed diesel on public highways through December 31, 2026. Typically reserved for off-road use — including construction equipment — red-dyed diesel is exempt from the federal highway diesel fuel excise tax; the relief covers sellers and users nationwide, retroactively from October 1, and waives inspection, enforcement, and record-keeping requirements during the relief period. The guidance does not eliminate the underlying federal excise tax obligation, and the agency has indicated additional guidance on payment deadlines and reporting requirements is forthcoming. Federal…
The Department of Transportation (DOT) has released proposed updates to the Federal Transit Administration’s (FTA) Capital Investment Grants (CIG) program, the primary federal funding source for major transit construction projects such as commuter rail, light rail, subway expansions, and bus rapid transit systems. The proposal would change how projects are evaluated, funded, and advanced through the federal review process. One of the most significant changes would establish a new methodology for determining the federal CIG funding share for New Starts and Core Capacity projects. Under the proposal, eligible projects would begin with a federal share equal to 40 percent of…
The latest settlements report from the Construction Labor Research Council (CLRC) shows that first-year total wage-and-fringe packages for union construction craft workers negotiated from January through September 2026 increased an average of 4.9% or $3.39. The year-to-date figure is slightly above the 4.7% average reported for 2025. The results continue a period of elevated increases: first-year package increases have averaged at least 4% each year since 2022. The report raises the question of whether increases near 5% will become typical or move back toward the 3% levels last seen five years ago. Results varied by region. The Northeast had the…
AGC of America’s judicial advocacy is a critical component of its broader advocacy efforts and an important tool for protecting contractors and the construction industry. Through its litigation program, AGC focuses primarily on federal cases with the potential to set important nationwide precedents or to stop the enforcement of harmful federal regulations. Earlier this month, AGC released its Fall 2026 Litigation Snapshot, a quick-read resource highlighting the association’s advocacy across a broad portfolio of legal issues affecting the construction industry, including environmental, construction, constitutional, labor, and procurement matters. The publication highlights recent significant victories, provides updates on cases AGC has…
AGC of America has added a new Reporting Form to its Build America, Buy America Act (BABAA) Resource Hub. The form will help identify materials and products that contractors have difficulty sourcing domestically for federally assisted construction projects. Members can use the form at any time to report challenges finding BABAA-compliant materials and products, identify the types of projects affected, and specify the states where these challenges are occurring. Project-specific details are not required, and the form is intended to capture challenges across all federally assisted construction projects, not just those funded with federal highway funds. AGC will use…