Author: agcnews

In an April 15 ruling on Northern Plains Resource Council, et al. v. Army Corps of Engineers, the U.S. District Court for the District of Montana vacated (voided) the Army Corps of Engineers’ Nationwide Permit (NWP) 12 (in use on the Keystone XL pipeline project) on an Endangered Species Act procedural concern. The court stated, in part: “The Corps should have initiated ESA Section 7(a)(2) consultation before it reissued NWP 12 in 2017.” The court’s order prohibits the Corps from authorizing “any dredge or fill activities under NWP 12 pending completion of the [ESA Section 7] consultation process.” At this point, there is…

On April 20, the Environmental Protection Agency (EPA) extended the public comment period for the 2020 National Pollutant Discharge Elimination System (NPDES) general permit for stormwater discharges associated with industrial activity, also referred to as the “2020 Multi-Sector General Permit (MSGP).” The comment period was extended for 30 days, setting a new deadline of June 1, 2020. Construction companies that perform activities associated with cement or concrete manufacturing, asphalt paving, minerals mining, or landfill operations will all likely be impacted by the changes. AGC has several concerns with the proposed permit and is working with a coalition to submit comments. AGC’s top concerns…

On April 21, the Environmental Protection Agency (EPA) and the Army Corps of Engineers’ Navigable Waters Protection Rule: Definition of “Waters of the United States” was published in the Federal Register. This final rule establishes the scope of federal regulatory authority under the Clean Water Act. After a multi-year process, AGC applauded the rule when the agencies signed the final version in January 2020. The Navigable Waters Protection Rule includes four simple categories of jurisdictional waters and provides specific exclusions for many water features that traditionally have not been regulated. The final rule will become effective on June 22, 2020. AGC provided a brief summary of…

On April 22, AGC, along with four other organizations, was invited by the Senate Environment and Public Works (EPW) Committee to submit a written statement on two water-related discussion drafts released. America’s Water Infrastructure Act of 2020 would invest the nation’s water resources infrastructure and clean water infrastructure and the Drinking Water Infrastructure Act of 2020 would invest in the nation’s drinking water infrastructure. As part of its legislative process, EPW is soliciting feedback from stakeholders on the discussion drafts through May 1, 2020. Information on how to submit feedback can be found here. AGC is continuing to review the discussion drafts and encourages chapters and members to share…

AGC of America has been working tirelessly to provide members with valuable, relevant resources during the coronavirus (COVID-19) national emergency. Among the many resources, AGC held three webinars on labor and human resource matters (access is free but registration is required): These webinars and numerous other resources are found on AGC’s coronavirus (COVID-19) web page. Resources are organized by topic (e.g., Labor, HR & Paid Leave Impacts; Safety, Health & Environmental Resources; Federal Work) and by resource type (e.g., Webinar Information; AGC Surveys). All member contacts with profiles on AGC.org are also receiving daily email updates on the associations advocacy and information efforts.

Weeks Marine, a contractor accused of Davis-Bacon violations, has finally prevailed in protracted litigation over its responsibility to reimburse workers for their actual lodging expenses. The U.S. Department of Labor’s (DOL) Administrative Review Board (ARB) has ruled that the lodging primarily benefited the employees. The case involved members of Operating Engineers Local 25, which represents underwater excavation workers from Maine through Florida and expects members to travel throughout the area for projects taking an average of three to six months to complete. Weeks Marine hired Local 25 members under its collective bargaining agreement with the union to work on a federal dredging…

The National Labor Relations Board (“NLRB” or “Board”) has issued a final rule amending union representation-case procedures. The rule was published in the Federal Register on April 1, 2020. The effective date was originally set for June 1, 2020, but has been postponed to July 31, 2020, due to the national emergency caused by the coronavirus. The final rule, which is largely the same as the proposed rule issued in August 2019, modifies three policies. Two of those policies apply to employers across private industries, and one exclusively applies to employers in the construction industry. The first change that applies to all…

The U.S. Department of Labor’s Wage and Hour Division (WHD) recently added a number of new “Questions and Answers” to provide information to employers about meeting their requirements to offer emergency paid sick leave and paid family medical leave offered by the Families First Coronavirus Response Act (FFCRA). The new Q&A’s further address critical questions, such as how to count hours for employees with irregular hours; how to compute average regular rate; how employers can require usage of existing leave; implications of stay-at-home and shelter-in-place orders; and future enforcement implications. Additionally, on April 17th, DOL officially announced the end of…

OFCCP recently announced three new directives to help maximize the effectiveness of compliance assistance resources, increase accountability, and resolve federal contractor compliance evaluations more efficiently. The new directives include: OFCCP is committed to providing proactive, meaningful compliance assistance to help contractors understand and meet their equal employment opportunity obligations. OFCCP hopes the release of these new directives and initiatives will further this aim and serve as a useful tool for federal contractors. For more information, contact Claiborne Guy at claiborne.guy@agc.org or 703-837-5382.

Culture of CARE is challenging leaders to take a bold and visible step towards ensuring their workplaces are welcoming, safe and inclusive for an increasingly diverse and talented pool of workers by taking the Culture of CARE pledge. Once you sign the pledge, Culture of CARE provides companies with tools and resources to help establish a Culture of CARE in their workplaces. Learn more at www.BuildCulture.org. The companies who commit to a Culture of CARE aren’t passively thinking about their company culture. They are actively working to ensure that every employee – from the CEO to the laborer – has the opportunity to feel valued, respected and heard. Companies who commit to a Culture of CARE believe that everyone has the right to a…