Author: Crystal Yates
The U.S. Department of Labor will hold a free virtual seminar about the recently relaunched Payroll Audit Independent Determination program (PAID), which provides employers the opportunity to self-identify and resolve potential minimum wage, overtime, and leave violations under federal labor laws. Originally launched in 2018, PAID has new enhancements, resources, and tools. The program has several of the same objectives as before, including resolving wage violations under the Fair Labor Standards Act (FLSA), and now has expanded to include the Family and Medical Leave Act (FMLA). PAID intends to assist employers seeking to correct violations efficiently and without any litigation costs, improve compliance, and…
Join AGC of America for a virtual townhall focused on alternative approaches to providing employee health benefits, with a spotlight on self-funded captive arrangements and the transition from fully insured to self-insured health plans. Register here. As medical costs continue to rise and plan designs become more complex, many contractors are evaluating self-funded models as a way to gain greater control over costs, plan design, and long-term sustainability. This session will feature an expert presentation from Alliant Insurance, providing an overview of how captive health arrangements work, how they differ from traditional fully insured plans, and what contractors should consider…
In January 2026, the U.S. Department of Labor’s Wage and Hour Division (WHD) released a new batch of opinion letters addressing common questions under the Fair Labor Standards Act (FLSA) and the Family and Medical Leave Act (FMLA). These letters provide insight into how WHD currently interprets and enforces federal wage-and-hour requirements and can be a useful compliance resource for employers. The letters address the following issues: Opinion letters are official WHD interpretations applying federal law to specific workplace scenarios. While not binding on courts, employers that rely on them in good faith may have a defense to liability under…
The National Labor Relations Board (NLRB or Board) now has a quorum for the first time in nearly a year. On January 7, 2026, James Murphy and Scott Mayer were sworn in as new Board members. On the same day, Crystal Carey was sworn in as the NLRB’s new general counsel. This means that the NLRB can resume processing cases at the highest level. However, the pace of change is expected to be tempered by the backlog of cases, shortage of staff, and lack of a three-member majority from one party. Murphy has served over 47 years at the NLRB…
The U.S. Court of Appeals for the Ninth Circuit (covering AK, AZ, CA, HI, ID, MT, NV, OR, WA, and Guam) recently ruled in favor of AGC of America’s position in a withdrawal liability case. In an amicus brief submitted in August 2025, AGC argued that demolition and abatement work fall within the definition of “building and construction industry” as the term is used in the Employee Retirement Income Security Act of 1974 (ERISA), as amended by the Multiemployer Pension Plan Amendments Act (MPPAA). In its January 5, 2026, opinion, the court agreed. Case Background Walker Specialty Construction (Walker), a…
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 a large AGC-member contractor’s bid protest in connection with a United States Corps of Engineer’s (USACE) solicitation for a…
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.