Author: agcnews

As employers everywhere grapple with the COVID-19 crisis and its impact upon their employees and operations, questions have arisen regarding union contracts that expire on or about March 31, 2020. Although every labor contract and bargaining relationship is unique, established federal labor law principles can be applied to guide employers during this difficult time. Some common issues related to contract expiration are discussed below. Question 1. What happens if an employer’s union contract expires without a new agreement? A: If a contract expires without a new agreement, most terms and conditions of employment continue by operation of law, under the…

Thirty-nine percent of contractors report that project owners have halted or canceled current construction projects amid deteriorating economic conditions, according to a survey released today by the Associated General Contractors of America. Association officials warned that these cancellations mean massive job losses are likely soon unless Congress passes targeted recovery measures to boost infrastructure funding, compensate firms for lost or delayed federally funded work and provide needed pension relief. The project cancellations are particularly severe in light of new data showing that 42 states added construction jobs through February. “The abrupt plunge in economic activity is taking a swift and severe toll on construction,”…

There is so much going on in Washington DC, especially the last two weeks. We brought together our team of lobbyists who have been worked to help craft the coronavirus relief bill that is set for a vote as early as today (March 27, 2020) in the House. They provided an analysis of what is in the measure and how it could help the construction industry.

AGC of America and AGC of Washington’s joint Culture of CARE initiative 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. Join this effort 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.…

On Mar. 19, AGC submitted comments in support of the U.S. Fish and Wildlife Service’s proposed update to the Migratory Bird Treaty Act (MBTA), which would clarify that unintended or incidental impacts to migratory birds that occur within the scope of lawful, and often necessary, business activities do not carry criminal penalties and expansive liability exposure. The proposed rule would codify and apply a uniform interpretation of the MBTA that its prohibitions do not apply to incidental take. In addition, the proposal would limit the scope of the Act to actions that are directed at migratory birds, their nests, or their eggs, and would clarify…

On March 25, AGC called on the Cybersecurity and Infrastructure Security Agency (CISA), a division of the Department of Homeland Security, to issue a revision to recent COVID-19 related guidance that will explicitly include all construction workers as “Essential Critical Infrastructure Workers.” The absence of the word “construction” from many of the critical infrastructure workforces described in the guidance has become problematic as many state and local governments appear to be overlooking the memorandum and evaluating only the descriptions included under the various listed critical infrastructure workforces. In the few instances where construction is noted or, perhaps, implicitly referenced in the list,…

On March 25, the Senate passed, 96-0, H.R. 748, the Coronavirus Aid, Relief, and Economic Security (CARES) Act. It is expected to be taken up by the House of Representatives soon. The CARES Act, a $2 trillion economic relief package, is the third in a series of coronavirus related measures Congress has taken up in recent weeks to address the pandemic sweeping the country. This legislation encompasses a host of provisions that will provide construction employers and employees with critically needed access to capital, expedited cash-flow, worker benefit protection, and critical tax relief, among other things. While this bill is appreciated, due…

The U.S. Department of Labor’s Wage and Hour Division (WHD) announced its first few rounds of published guidance 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) when it takes effect on April 1, 2020. The first set of guidance – provided in a Fact Sheet for Employees, a Fact Sheet for Employers and a Questions and Answers document – addresses critical questions, such as how an employer must count the number of their employees to determine coverage; how small businesses can obtain an exemption; how…

AGC of America’s Union Contractors Committee has scheduled quarterly conference calls for the remainder of 2020. The calls will take place on June 11, September 10, and December 10, each starting at 2:00 p.m. Eastern. Participation is open to all AGC union contractor members and chapter staff. Please mark your calendars now. Further details about registration and call-in number will be distributed later. For more info, contact Denise Gold, associate general counsel, at denise.gold@agc.org or (703) 837-5326.

The National Labor Relations Board has announced that it is postponing the effective date of its final rule modifying the prior Administration’s regulation on union representation-case procedures, often referred to as the “quickie election” or “ambush election” rule. The effective date has been pushed back from April 16, 2020, to May 31, 2020. The present rule rolls back some of the AGC-opposed provisions of the quickie election rule and provides helpful clarifications. The Board explains that the modifications “retain the essentials of the Agency’s existing representation rules but allow for a fairer and more-efficient election process.” More information on…