Author: Crystal Yates

Summary In 2022, the State of New York passed the Construction Industry Wage Theft Statute, New York Labor Law § 198-e (the “Wage Theft Statute”). It includes authorizing suits against contractors to recover any employee wages and benefits unpaid by their subcontractors. In 2023, a union benefit fund sued a general contractor under the Wage Theft Statute, seeking payment of nearly three million dollars resulting from the subcontractor’s failure to remit benefit fund contributions pursuant to its collective bargaining agreement. On April 29, 2025, a U.S. District Court ruled that the Wage Theft Law cannot authorize such a suit. The court…

Recent advocacy and opportunities for member feedback Over the last month, AGC has responded to the proposed reissuance of the stormwater permit for industrial activities and continued to provide feedback on necessary changes to the definition of waters of the United States (WOTUS). AGC is also seeking real-life examples of compliance costs related to water permitting and mitigation on projects. Member Feedback Needed AGC’s advocacy efforts on behalf of the construction industry are bolstered by real-life experiences and examples provided by its members. Your examples will help in future opportunities to provide feedback on WOTUS, wetlands/stream mitigation, and a forthcoming…

On May 19, AGC responded to a proposal to rescind the definition of “harm” in the regulations implementing the Endangered Species Act (ESA). The definition of harm, although long-standing, was added to the initial regulations to include habitat modification—expanding and broadening the reach of the ESA. Contractors routinely take measures to avoid and minimize interactions with protected wildlife as a key part of environmental permitting and approvals for projects. “Harm” is one of the prohibited activities under the ESA collectively referred to as “take” that also include harass, pursue, hunt, shoot, wound, kill, trap, capture, or collect. The ESA obligates contractors…

There is a new twist on issues revolving around tariffs potentially impacting general contractors. AGC members Chris Denny, Vice President and Associate General Counsel of Turner Construction Company, and Bob Lizza, Chief Legal Officer, Consigli Construction Co., Inc., highlighted recent developments that could have serious implications for the construction industry. At a recent meeting in Washington, D.C., there was a discussion about growing federal enforcement efforts that contractors should not ignore. It has been publicly reported that the U.S. Department of Justice intends to “aggressively” enforce the False Claims Act (FCA), as Deputy Assistant Attorney General Michael Granston said in…

Deadline to Submit and Certify Reports is June 24, 2025 The U.S. Equal Employment Opportunity Commission (EEOC) on May 20, 2025, announced the opening of the 2024 EEO-1 Component 1 data collection. In a message to EEO-1 Component 1 filers, EEOC Acting Chair Andrea Lucas provided general guidance and reaffirmed the agency’s commitment to protecting the civil rights of all Americans. Consistent with the administration’s earlier statements supporting merit-based decision-making and views of diversity, equity, and inclusion initiatives, Lucas cautioned: As you report data on your employees’ race, ethnicity, and sex, I want to take this opportunity to remind you of…

Controlled Insurance Programs (“CIPs,” “wrap-ups” or simply “wraps”) are promoted as particularly well-suited for large construction projects, offering a single insurance program that covers all eligible participants. Theoretically, a wrap eliminates multiple carriers and duplicated coverages. However, depending on the entity sponsoring the wrap, the owner in an owner-controlled insurance program (OCIP) or a contractor in a contractor-controlled insurance program (CCIP), all boats may not be headed in the same direction, because it is the insurer that effectively maintains control of the ship. For a wrap-up to be effective and function as intended, the project must be of sufficient dollar…

Choose the meetings you would like to attend on July 29-31 This summer, AGC is holding a series of meetings at its national headquarters on July 29-31st to provide a forum for members to discuss key sustainability and environmental compliance issues on their to do lists. Participants are able to choose which meetings they would like to attend (i.e., sustainability, compliance, or both). Please register here for one—or all three! July 29 – First-Ever Sustainability Roundtable Discussions ($250) – Full Day Meeting – Opportunity for peer-to-peer discussion on topics chosen by participants in advance. We will reach out to participants to coordinate agenda topics.…

On April 17, the Fish and Wildlife Service and National Marine Fisheries Service (the Services) proposed rescinding the definition of “harm” in the regulations implementing the Endangered Species Act (ESA). The Trump administration is seeking to align regulations with the underlying statutes and relevant Supreme Court decisions. At issue is whether the inclusion of habitat modification in the current definition of “harm” is contrary to the term “take” in the statute. The possibility for a “take” of a species is central to ESA permitting on projects, often delaying projects from breaking ground. According to the proposed rule, the addition of habitat modification to the…

Choose the meetings you would like to attend on July 29-31 This summer, AGC is holding a series of meetings at its national headquarters on July 29-31st to provide a forum for members to discuss key sustainability and environmental compliance issues on their to do lists. Registration is open now and participants can choose which meetings they would like to attend (i.e., sustainability, compliance, or both). July 29 – First-Ever Sustainability Roundtable Discussions – Full Day Meeting – Opportunity for peer-to-peer discussion on topics chosen by participants in advance. There should be time for discussion on 14-16 topics. Hosted by…

AGC of America joined a coalition amicus brief filed in the U.S. Court of Appeals for the Sixth Circuit on April 23, 2025, in Brown-Forman Corp. v. National Labor Relations Board (NLRB). The brief supports Brown-Forman Corporation’s efforts to invalidate the NLRB’s 2023 Cemex decision. The Cemex decision makes it easier for unions to gain recognition without a secret-ballot election. The brief argues that Cemex improperly shifts burden from unions to employers by requiring an employer, upon a union’s request for 9(a) voluntary recognition, to either recognize the union or file a petition for an election. This ruling departs from longstanding precedent that placed the…