Author: Crystal Yates

In the final days of the administration, the U.S. Environmental Protection Agency (EPA) has released a flurry of approved waivers for California to enact stringent emissions standards for on-road and off-road vehicles. Two waivers remain to be approved, impacting locomotives and fleets. EPA waivers for California have nationwide implications as other states are then able to adopt California’s standards. AGC also anticipates direct costs for engines/equipment and supply chain implications. President-elect Trump has signaled disapproval of the waiver for California’s Advanced Clean Cars II regulations—indicating that the incoming administration will attempt to reverse the decision. That waiver is also the…

The 2025 AGC Annual Convention is set to take place in Columbus, OH, from April 8-10, 2025, and it’s packed with specialized programming for union contractors and their chapter staff. Don’t miss the chance to hear from industry-leading professionals at the following sessions: With enhanced union contractor focus conveniently built into the convention’s other exceptional educational sessions, networking opportunities, keynote presentations, and trade show, the 2025 Convention is an essential event for construction professionals with an interest in labor relations. For more information on the union contractor sessions, contact Jim Young.

Highlights The National Labor Relations Board’s (NLRB or Board) decision in Endurance Environmental Solutions, LLC will make it more difficult for employers to unilaterally make workplace changes without first bargaining with their workers’ union, even when they seek to act under the authority of a negotiated management rights clause in a collective bargaining agreement (CBA). The ruling replaces the “contract coverage” standard from a 2019 Board decision, under which employers could unilaterally change working conditions if the change is “within the compass or scope” of contract language. “We find that the contract coverage test adopted in [2019] undermines the [National Labor Relations…

The U.S. Fish and Wildlife Service (FWS) has proposed to expand a refuge in Georgia, jeopardizing a nearby mining project that is moving through the state permitting process. The project already has faced significant regulatory uncertainty from federal agencies, and the proposed refuge expansion appears to be another effort to stop the project. With national refuges in all 50 states, projects nationwide could face similar challenges in the future. AGC joined in with other industry groups to decry this precedent.   In October, the FWS proposed to expand the boundary of the Okefenokee National Wildlife Refuge to encompass the nearby mining…

Over the last year, the White House Office of Management and Budget has been reevaluating public engagement in the rulemaking process. In February and again this November, AGC urged the administration to strengthen, not limit, public engagement and provide adequate time for feedback—making the case for the valuable knowledge and expertise that trade associations and their members bring to the table. The regulated community is a key stakeholder to the rulemaking process. However, the White House has sought to limit how often requesters can meet with regulators. The comments recommend that government policymakers recognize industry trade associations as members of…

The AGC Contract Documents Forum and the AGC Construction Law and Operations Committee will hold a virtual Town Hall meeting. We will have an open discussion about mixing and matching different standard contract documents (and bespoke contracts) at the prime and subcontract levels. There will be a micro presentation on tariffs and how they might impact private and public contracts, followed by a discussion on how you might address this issue contractually. The AGC Construction Law Committee will share subcommittee activities and announce volunteer opportunities, including one for progressive design-build.  Register here.

If you missed AGC’s Environmental Forum Town Hall, the recording is available for AGC members and chapter staff. The November 20th town hall provided a timely update on federal environmental regulatory initiatives and look ahead for 2025—covering the wide range of topics that AGC engages on at the federal level. Please click here for a recording of the event and here for the slides. Below is an outline of the topics covered during the town hall to help you navigate the information.  For more information or questions on any of these topics, please reach out to Melinda Tomaino at melinda.tomaino@agc.org.

Highlights The U.S. Court of Appeals for the Ninth Circuit held (AK, AZ, CA, HI, ID, MT, NV, OR, WA, Guam) on Nov. 5, 2024, ruled that the president lacks authority to require federal contractors to pay a minimum wage. The 2-1 decision in Nebraska v. Su follows a string of federal court opinions in 2022 enjoining the government contractor vaccine mandate, and sets up a circuit split on the president’s authority to issue a contractor minimum wage under the Federal Property and Administrative Services Act of 1949 (the Procurement Act).1 History of the Federal Contractor Minimum Wage On Feb. 12,…

The National Labor Relations Board (NLRB), in its Nov. 13 decision in the Amazon.com Services case, has banned mandatory employee meetings for purposes of discussing the subject of union representation – so-called “captive audience” meetings – and placed new restrictions on an employer’s ability to require attendance at such meetings. By abandoning more than 75 years of precedent, the Board significantly reshaped the legal landscape with yet another gift to unions in the waning days of the Biden administration. Fortunately for employers, this decision will only apply on a go-forward basis. Here’s a breakdown of the ruling and what it…

As the political landscape shifts following the recent election, construction professionals in the industry face new challenges and compliance requirements. Join AGC of America on Dec. 17, 2024, from 2:00-3:00 p.m. EST for a timely and informative webinar that will explore the potential impact of post-election policies on immigration regulations, workforce management, and compliance within the construction sector. Key topics include: This webinar is designed specifically for construction professionals who are responsible for compliance, hiring, managing, and retaining workers in a highly regulated environment. Register here. Registration is free for AGC members and $99 for nonmembers. For more information, contact…