Author: agcnews
The U.S. Department of Labor announced a proposed rule clarifying the definition of employee under the Fair Labor Standards Act (FLSA) as it relates to independent contractors. AGC has long called for federal clarification of the independent contractor status and preservation of legitimate independent contractor relationships, such as those that have historically existed in the construction industry. The Department’s proposed rule would: This Notice of Proposed Rulemaking (NPRM) is available for review and public comment for 30 days after it is published in the Federal Register. The Department encourages interested parties to submit comments on the proposed rule. For more information,…
In a move sure to frustrate employers and usher in a wave of confusion, a New York federal court judge just struck down critical portions of the Labor Department’s new joint employer rule that went into effect a few months ago. Concluding that the agency’s rule has “major flaws,” U.S. District Judge Gregory Woods decided yesterday that the rule did not comport with the Fair Labor Standards Act (FLSA). The September 8 ruling tosses out the new standard that had applied to “vertical” employment relationships (when staffing company or subcontractor workers are contracted to work with another entity, for example),…
Thirty-nine states lost construction jobs between August 2019 and August 2020 while 31 states and the District of Columbia added construction jobs between July and August according to a new analysis of Labor Department data released today by the Associated General Contractors of America. The new annual figures detail how the coronavirus pandemic has undermined demand for construction projects after a strong start to the year. “The ongoing pandemic is prompting ever more private owners, developers, and public agencies to delay and cancel projects,” said Ken Simonson, the association’s chief economist, citing the association’s mid-June survey and a more recent survey it produced in…
The U.S. Department of Labor’s Wage and Hour Division (WHD) posted revisions to regulations that implemented the paid sick leave and expanded family and medical leave provisions of the Families First Coronavirus Response Act (FFCRA). The revisions made by the new rule clarify workers’ rights and employers’ responsibilities under the FFCRA’s paid leave provisions, in light of the U.S. District Court for the Southern District of New York in an Aug. 3, 2020, decision that found portions of the regulations invalid. The revisions do the following: The Department issued its initial temporary rule implementing provisions under the FFCRA on April 1, 2020.…
During the week of September 14, AGC and its members engaged in various efforts to celebrate the industry’s shared commitment to safety. The week kicked-off with a virtual event led by AGC’s CEO, Steve Sandherr, along with officials from the Occupational Safety and Health Administration (OSHA), including Principal Deputy Assistant Secretary, Loren Sweatt. The event also included a presentation from OSHA’s Directorate of Construction as well as a preview and discussion of the innovative approach one-member contractor has taken to raise awareness of the dangers associated with falls from ladders at various heights. In addition to the kick-off event, AGC…
Only a few days remain until the current highway and public transit law – the Fixing America’s Surface Transportation (FAST) Act – expires on September 30. AGC is cautiously optimistic that Congress will extend the FAST Act for one-year (through fiscal year 2021). The extension would likely be considered as part of legislation to temporarily fund the federal government, known as a continuing resolution (CR). However, there is one outstanding issue that key negotiators need to resolve. They need to decide how much money should be deposited into the Highway Trust Fund (HTF) so that it can support the funding…
The U.S. Department of Labor’s Wage and Hour Division (WHD) posted revisions to regulations that implemented the paid sick leave and expanded family and medical leave provisions of the Families First Coronavirus Response Act (FFCRA). The revisions come as a result of a federal court decision that found portions of the regulations invalid. The revisions do the following: The Department issued its initial temporary rule implementing provisions under the FFCRA on April 1, 2020. Read the new revisions to that temporary rule, which become effective Sept. 16, 2020 in the Federal Register. WHD provides additional information on common issues employers and employees face…
Since the start of the pandemic, the construction industry has shed more than 400,000 jobs as demand for projects has stalled in many parts of the country. In this episode, Ken Simonson, AGC’s chief economist; Allison Scott, Autodesk’s Director of Construction Thought Leadership and Customer Marketing; and Steven Sandherr, the chief executive officer of the Associated General Contractors of America will talk about the key findings of the 2020 Construction Workforce Survey, observations about how the coronavirus is impacting the sector’s productivity and what AGC will be doing to support the construction industry going forward. Full report of the 2020…
The U.S. Department of Labor’s Wage and Hour Division (WHD) published new frequently asked questions (FAQs) for workers and employers about qualifying for paid leave under the Families First Coronavirus Response Act (FFCRA) related to the reopening of schools. This guidance explains eligibility for paid leave relative to the varied formats and schedules schools have announced as they plan to reopen, including blending in-person with distance learning. WHD offers this information to explain the benefits and protections available under both the paid sick leave and the expanded family and medical leave provisions of the FFCRA. The FFCRA allows certain employees to take…
On Sept. 9, AGC helped lead an ad hoc coalition of 88 national trade associations and labor unions in calling on Congressional leaders to take action on three priorities: (1) a turn-key, one-year extension of the current surface transportation law—the FAST Act—with increased investment levels; (2) emergency federal funding for state departments of transportation and public transit agencies—$37 billion and $32 billion, respectively; and (3) provisions to ensure solvency of the Highway Trust Fund for the duration of the extension at a minimum. This broad coalition initiative is an essential component of AGC’s ongoing effort to demonstrate to Congress the strong, groundswell…