Author: agcnews

The National Labor Relations Board (“NLRB” or “Board”) has revised its standard for determining the lawfulness of an employer’s discipline or discharge of an employee who has engaged in abusive or offensive conduct —including making profane, racist, and sexually unacceptable remarks—in the course of activity otherwise protected under the National Labor Relations Act (“NLRA”). In its July 21 decision in the General Motors LLC case, the Board replaced a variety of standards applied for different sets of circumstances with a single test. The chosen test was an existing standard known as the Wright Line test, long used by the Board to distinguish…

With telework arrangements expanding in response to the coronavirus pandemic, the U.S. Department of Labor’s Wage and Hour Division (WHD) issued Field Assistance Bulletin (FAB) 2020-5 to clarify an employer’s obligation to track the number of hours of compensable work by employees who are teleworking or otherwise working away from premises controlled by their employers. In a telework or remote work arrangement, the question of the employer’s obligation to track hours actually worked for which the employee was not scheduled may often arise. While the guidance issued responds directly to needs created by new telework or remote work arrangements that arose in…

Construction employment decreased from June to July in 26 states and the District of Columbia as earlier widespread job gains gave way to more project cancellations, according to an analysis by the Associated General Contractors of America of government employment data released today. Association officials said construction employment is likely to continue falling in many parts of the country without new federal recovery measures, including liability reform and new infrastructure funding. “Renewed outbreaks of coronavirus in numerous states likely caused many project owners and investors to pull back on planned construction,” said Ken Simonson, the association’s chief economist. “Meanwhile, budget problems in…

The Director of National Intelligence issued a memorandum waiving the applicability of new prohibition of certain telecommunications for the Department of Defense (DOD) which will allow it to continue to contract with entities it would otherwise be prohibited from until September 30, 2020. The Interim Final Rule (IFR), often referred to as “Section 889 Part B,” prohibits federal agencies from entering into, extending, or renewing a contract with a contractor that uses any equipment, system, or service that utilizes certain Chinese companies’ telecommunications equipment or services as a component or critical technology of any system, unless an exception applies or a waiver is granted. The…

On August 18, AGC, along with 14 other stakeholders in the transportation community, called on President Trump to oppose any temporary suspension or permanent repeal of dedicated federal user fees that generate revenue for the Highway Trust Fund (HTF). This call comes in light of a recent effort among other industry stakeholders seeking to temporarily suspend the federal excise tax on the purchase of new heavy trucks and trailers. Those in support of this measure have called for the lost revenue that such a suspension of the tax would create to be backfilled by Congress. However, AGC fears that a temporary suspension…

With COVID relief legislation talks stalled, only 13 legislative days remaining before the election, and the current federal surface transportation authorization law—the FAST Act—expiring on September 30, AGC is working to unite the transportation stakeholder community around a common message going into next month. With that in mind, the 32 national trade association and construction labor unions on the AGC co-chaired Transportation Construction Coalition (TCC) on August 17 agreed to three principle messages for Congress: (1) pass a growth-oriented, turn-key, one-year extension of current surface transportation law; (2) ensure the solvency of the Highway Trust Fund; and (3) provide additional federal funding…

On this episode of ConstructorCast, we feature three AGC member companies that are pioneering tech solutions to challenges faced daily by the industry. As a result, they were named the 2020 winners of the AGC Construction Innovation Award. Listen and be inspired by their creations. Guests:Anne Brown — “CopperWorks” by Christman Constructors Inc.Christman Constructors developed a tool called CopperWorks – which is an iOS-based (or mobile) application that brings job-placement logistics into the 21st century.www.christmanconstructors.com/www.copperworks.appVIDEO: vimeo.com/370152701/650d17a7e0 Eric E. Cylwik — “Slab Former” by Sundt ConstructionSundt Construction’s creation called Slab Former uses technology to automate means and methods to prefabricate concrete edge…

On August 13, a federal prohibition on the use of certain telecommunications components took effect. The new Interim Final Rule (IFR), often referred to as “Section 889 Part B,” prohibits federal agencies from entering into, extending, or renewing a contract with a contractor that uses any equipment, system, or service that utilizes certain Chinese companies’ telecommunications equipment or services as a component or critical technology of any system, unless an exception applies or a waiver is granted. The Department of Defense issued a memo on this measure, explaining that federal contractors should expect change orders or other required affirmations of a contractor’s compliance with this…

Construction employment increased by 20,000 jobs in July but the gains were limited to housing, while employment related to infrastructure and nonresidential building construction slipped by 4,000, according to an analysis by the Associated General Contractors of America of government data released today. Association officials cautioned that non-housing construction job losses will continue unless the federal government provides infrastructure funding for state and local budgets, enacts liability reforms and other relief measures. “It is gratifying that the construction industry continued to add jobs in July, but last month’s gains were entirely in residential building and specialty trades,” said Ken Simonson,…

Earlier this week AGC joined nearly 200 companies, unions and organizations in a letter urging Congress to include COBRA funding in the next COVID relief package. COBRA is important for the continuation of job-based health insurance for the Americans that have recently lost their jobs as a result of the pandemic. AGC recognizes the importance of keeping the employer-provided health care system operating and federal subsidies will provide certainty for plans and the recently separated participants. Congress provided similar relief in response to the 2009 recession. For additional information, please contact Jim Young, Senior Director, Congressional Relations for Labor, HR and Safety…