Author: agcnews

On June 15, ahead of the markup of the legislation in the House Transportation and Infrastructure Committee, AGC released a full analysis of the INVEST Act, the House Democrats’ recently introduced surface transportation reauthorization bill. This seven-page document provides a deep dive into the provisions of the bill, including analysis on investment and funding levels, workforce related policies, environmental initiatives and regulations, project delivery and safety, technology, research, and development. A one-page overview of that analysis is also available here. As the legislative process on this bill moves forward and amendments are adopted, AGC will continue to provide updates on this measure. For more…

Whether your workplace has remained open throughout the COVID-19 pandemic, is just reopening now, or will do so sometime later this year, employers should be prepared for the possibility that some employees may refuse to work due to COVID-related safety concerns. While most employers are aware of the need to comply with COVID-19-related occupational safety and health (i.e., OSHA) requirements, and similar requirements under state and local executive orders, employers should also keep in mind their obligations under the National Labor Relations Act (NLRA), which applies to most non-supervisory employees in the private sector and may provide protection to both…

A federal district court on May 30 invalidated portions of a rule issued by the present National Labor Relations Board to modify the prior Administration’s regulation (often referred to as the “quickie” or “ambush” election rule) on union representation-case procedures. The Board swiftly responded by announcing that it would implement the remaining portions of the AGC-supported rule as of May 31. The present Board issued the rule in December 2019 as a final rule without any notice of proposed rulemaking or opportunity for public comment. The Board maintained that the rule was procedural in nature and not subject to notice-and-comment requirements under…

A new survey by the Associated General Contractors of America and data from construction technology firm Procore show that construction activity is returning to pre-coronavirus levels in many parts of the country and some firms are adding workers. The new economic data, however, also shows some future projects are being canceled and many others are being delayed by supply chain issues and labor shortages, underscoring the need for additional federal recovery measures, association officials noted. Read more. Materials: National Survey Results Regional results: MidwestNortheastSouthWest AGC Presentation Slides Procore Presentation Slides

AGC and other contractor associations seeking multiemployer pension reform jointly released a new study on June 1 finding that composite retirement plans would have fared better during the coronavirus pandemic and related market declines than traditional defined-benefit multi-employer plans, allowing participants to receive higher benefits and attracting more employer participants. The study makes it clear that employees and employers stand to benefit once Congress authorizes the use of composite plans. Necessity Breeds Innovation: How Composite Plans Can Bring Sustainability to the Multiemployer Pension System was commissioned by the following organizations: the Associated General Contractors of America; FCA International; International Council of Employers of…

According to the latest Contractor Compensation Quarterly (CCQ) published by PAS, Inc., contractors are projecting 2020 construction staff wages to increase an average of 3.55% (excludes 0% projections), reported by over 300 companies in the 38th edition of the Construction / Construction Management Staff Salary Survey. For pay increase comparison, according to the WorldatWork, across all industries exempt professionals saw 2019 increases of 3.2% and they are projecting 2020 increases of 3.3%. For construction they reported a 3.9% increase in 2019 and are projecting 3.3% for 2020. The 2020 Construction / Construction Management Staff Salary Survey was published just as shelter in place orders…

Courts have struggled to uniformly decide whether Title VII of the Civil Rights Act of 1964, which makes it unlawful for employers to discriminate because of a person’s “sex,” protects employees from discrimination based on their sexual orientation or transgender status. Specifically, courts have not consistently interpreted Title VII’s prohibition on discrimination “because of . . . sex.” Originally, courts considering the question held that Title VII’s ban did not cover employees who were gay, and most said it did not protect employees based on transgender status. Within the last decade, however, many courts and the Equal Employment Opportunity Commission began to…

This week AGC joined with construction employers and building trades union in support of multiemployer pension reform. The letter to congressional leaders urges Congress to include common sense pension reform for the nation’s troubled pension plans and to authorize a Composite Plan option for healthy plans. Reforms called for include a special partition program from the Pension Benefit Guaranty Corporation. The COVID-19 crisis and the resulting investment losses and reduction in contributions has further worsened many plans and has made reform more urgent. Last week a report was released showing that Composite Plans would have fared better during the COVID-19 emergency than traditional multiemployer…

publication addressing questions arising under the Federal Equal Employment Opportunity Laws related to the COVID-19 pandemic.The publication, “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws,” provides approaches employers may adopt as they plan for employees returning to the workplace, including providing information to all employees about who to contact with requests for disability accommodation or other flexibilities, and inviting employees to make any requests in advance that the employer will consider on an individualized basis. The updates begin at Q&A G.6.The updates also address requests for accommodation in the employer’s process for workplace…

The Trump Administration recently issued two executive orders (EO) that focus on supporting economic recovery during the pandemic and recovery that could bring opportunity for environmental regulatory relief as well as risk. The first, Executive Order on Regulatory Relief to Support Economic Recovery (May 19, 2020), encourages continued deregulatory actions and enforcement discretion. The second, Executive Order on Accelerating the Nation’s Economic Recovery from the COVID-19 Emergency by Expediting Infrastructure Investments and Other Activities (June 4, 2020), directs agencies to take all reasonable measures to speed infrastructure investments—such as expediting projects under the agency’s authority and using emergency measures to streamline environmental permitting. The…