Author: agcnews
The U.S. Department of Labor’s (DOL) Wage and Hour Division recently published Field Assistance Bulletin (FAB) No. 2023-2, Enforcement of Protections for Employees to Pump Breast Milk at Work. This bulletin is intended to provide enforcement support and public guidance regarding the application and requirements of the Providing Urgent Maternal Protections for Nursing Mothers Act (or PUMP Act). Effective December 29, 2022, under the Fair Labor Standards Act (FLSA), as amended by the PUMP Act, nearly all FLSA-covered employees have the right to reasonable break time and a private space while at work to express breast milk for a nursing child…
Four Things Employers Need to Know A highly anticipated decision by the National Labor Relations Board (NLRB or Board) makes it significantly harder for companies to classify their workers as independent contractors. The Board’s June 13 decision in The Atlanta Opera reverts to a broader independent contractor standard that was established during the Obama administration in 2014 — which means more workers will again be considered “employees” under federal labor law. What are the top four things employers need to know about this development? 1. How Did We Get Here? Like many other legal standards enforced by the NLRB, the independent contractor test has…
Construction employment increased in 42 states and the District of Columbia in May from a year earlier, while only 24 states added construction jobs from April to May, according to a new analysis of federal employment data released by the Associated General Contractors of America today. Association officials said firms are struggling to find new workers amid a lack of funding for construction education programs, keeping monthly employment gains lower in many parts of the country. “Contractors remain busy nationwide, with bulging order books for future work,” said Ken Simonson, the association’s chief economist. “But they are having trouble filling job openings when…
The price of materials and services used in nonresidential construction decreased 0.6 percent from April to May, while an index that measures contractors’ bid prices inched up by 0.1 percent, according to an analysis by the Associated General Contractors of America of government data released today. Association officials said contractors are finally seeing some relief from recent supply chain problems and price escalations but cautioned that some key materials are still very hard to find and warned that new federal Buy America mandates could lead to future price escalations. “Contractors’ bid prices have been virtually flat since January as supply and price…
AGC submitted its first set of comments on a Biden administration guidance implementing a new executive order that changes the process of developing regulations (Executive Order 14094 on Modernizing Regulatory Review). The new policy would limit the business community’s access to the administration during the inter-agency review process, while encouraging feedback from groups that ordinarily would not engage in the regulatory process. The policy effectively closes the door on the very entities that stand to bear the compliance cost of a proposed regulation. The executive order also raises the threshold of a significant regulatory action, meaning fewer regulations would be required to undergo review.…
The Associated General Contractors of America recently urged the U.S. Department of Labor’s (DOL) Wage and Hour Division to abandon or at least postpone issuance of its anticipated proposed rulemaking altering the overtime regulations under the Fair Labor Standards Act (FLSA). Even though the COVID-19 public health emergency has been lifted, concerns with supply chain disruptions, workforce shortages, inflationary pressures, and the shifting dynamics of the American workforce persist, and any rule change now would threaten a particularly vulnerable and recovering economy. In its recent semi-annual regulatory agendas, the DOL announced that it planned to issue a Notice of Proposed Rulemaking (NPRM)…
On May 31, the House of Representatives passed the AGC of America-backed debt limit agreement legislation entitled the Fiscal Responsibility Act of 2023 (FRA). The U.S. Senate is expected to pass it shortly and President Biden to sign it into law thereafter. The FRA includes the most impactful federal environmental review and permitting reforms in over 40 years, helps address the industry’s workforce shortages, and averts a catastrophic national credit default until at least 2025, among other things. For a detailed breakdown on the impacts of this legislation on the construction industry, CLICK HERE. AGC will provide updates to this document and more…
AGC of America’s Jimmy Christianson explains changes to the National Environmental Policy Act (NEPA) process included in the debt limit deal signed into law on June 3, 2023. These reforms will positively impact contractors as they set time limits and streamline the federal environmental permitting process for construction projects nationwide.
The construction sector added 25,000 jobs in May while the sector’s unemployment rate fell to its second lowest rate for the month and pay levels in the industry continued to rise, according to an analysis of new government data the Associated General Contractors of America released today. Association officials said construction firms are boosting pay and taking other steps to recruit workers amid tight labor conditions. “Demand for construction workers remains strong, outside of homebuilding,” said Ken Simonson, the association’s chief economist. “Contractors continue to report their primary challenge is finding qualified workers, not finding projects or most materials.” Read more.
In an eight-to-one decision issued on June 1, the U.S. Supreme Court issued a favorable decision in a labor preemption case in which AGC of America submitted an amicus brief. The case, Glacier Northwest v. International Brotherhood of Teamsters Local Union No. 174, presented the question of whether the National Labor Relations Act (NLRA) preempts an employer’s state tort claim against a union for intentionally destroying the employer’s property in the course of a labor dispute. Agreeing with arguments made in an AGC-supported coalition amicus brief, the Court affirmed the principle that strikers must take “reasonable precautions” to protect employer property…