Author: agcnews

AGC, in conjunction with the Coalition for a Democratic Workplace (CDW) and four fellow CDW-member trade associations, submitted an amicus brief with the National Labor Relations Board in a case that could result in broader remedies for unlawfully discharged employees. The Board invited briefs in the Thryv, Inc. case to weigh in on whether the Board should expand its traditional “make-whole” remedy for employees who are discharged, laid off, or otherwise discriminated against by an employer’s unfair labor practice. Specifically, the Board is considering allowing employees to receive awards of “consequential damages” in addition to traditional awards of lost earnings and benefits. The brief…

Construction-industry collective bargaining negotiations completed in 2021 resulted in an average first-year increase in wages and fringe benefits of 3.0 percent or $1.74, according to the annual year-end Settlements Report recently released by the AGC-supported Construction Labor Research Council (CLRC). These results are essentially the same as reported in 2019, when the first-year increase was 3.0 percent or $1.73. Last year’s slight drop in the size of negotiated first-year increases – measuring at 2.9 percent or $1.66 – was the first dip seen in a decade. “Based on already known negotiated increases, past trends and other relevant factors, CLRC projects a continuation…

The federal contractor vaccination mandate remains on hold since the December 17, 2021, decision by the U.S. Court of Appeals for the Eleventh Circuit to maintain a nationwide stay (or freeze) of the mandate until—potentially—as late as April 2022. During the week of January 10, 2022, AGC engaged in direct discussions with major construction federal agencies and key regulators. Guidance has been issued on ensuring federal compliance with court orders and injunctions, meaning that contractors should expect no federal action to enforce the contract clause implementing the requirement that federal contractors and subcontractors be vaccinated. The coming months will see…

AGC, in conjunction with the Coalition for a Democratic Workplace (CDW) and four fellow CDW-member trade associations, submitted an amicus brief with the National Labor Relations Board in a case that could result in broader remedies for unlawfully discharged employees. The Board invited briefs in the Thryv, Inc. case to weigh in on whether the Board should expand its traditional “make-whole” remedy for employees who are discharged, laid off, or otherwise discriminated against by an employer’s unfair labor practice. Specifically, the Board is considering allowing employees to receive awards of “consequential damages” in addition to traditional awards of lost earnings and benefits. …

Six-Step Priority List for Employers The U.S. Supreme Court on Jan. 13 blocked OSHA’s COVID vaccine-or-testing emergency temporary standard (ETS) from being enforced for the foreseeable future, meaning your compliance to-do list has gotten significantly shorter – but it has by no means disappeared. While the Court’s decision means you no longer have to follow the January 10 compliance deadlines, the uncertain status of the ETS has left many employers unsure about what to do now. This article will provide you a practical six-step priority list to guide you on your way during the days ahead. What Happened? Technically, the…

AGC to Continue with Litigation on the Merits of the ETS On January 13, the Supreme Court reinstated the nationwide stay on implementation and enforcement of the OSHA COVID-19 vaccination-or-testing emergency temporary standard (ETS). As a result of this decision, OSHA will have to suspend its ETS compliance efforts, many of which took effect on January 10. The case will now go back to the lower courts for litigation on the merits of the ETS. There, AGC of America will remain engaged via its Construction Advocacy Fund-backed lawsuit challenging the ETS. To support the Fund and other pro-construction industry efforts, click here.…

Encourages Prioritization of Review and Permitting Reform Regs, Discourages Limits on State Flexibility On January 6, AGC provided feedback to the Federal Highway Administration (FHWA) on its initial guidance on implementation of the recently passed Infrastructure Investment and Jobs Act (IIJA). AGC strongly encouraged the agency to expediently implement environmental review and permitting reforms contained in the bill without creating new regulatory hurdles in the process. Additionally, AGC encouraged the agency to seek adequate industry input and allow for an extended transition period to new Buy America requirements on construction materials. AGC cautioned the agency that language contained in their guidance…

AGC recently joined a group of business and non-profit stakeholders to support bipartisan legislation—introduced by Reps. Carol Miller (R-W.Va.) and Stephanie Murphy (D-Fla.) to extend the Employee Retention Tax Credit (ERTC) through the fourth quarter of 2021. The ERTC fourth quarter credit was canceled because it was used to help pay for the $1.2 trillion bipartisan infrastructure law, formerly called the Infrastructure Investment and Jobs Act. AGC will work with the coalition to find senators to introduce companion legislation and explore legislative vehicles to pass an extension of ERTC in the first quarter of 2022. If you have any questions…

On Hold Until April, AGC Communicates with Agencies The federal contractor vaccine mandate remains on hold since the December 17, 2021, decision by the U.S. Court of Appeals for the Eleventh Circuit to maintain a nationwide stay (or freeze) of the mandate until—potentially—as late as April 2022. During the week of January 10, AGC had direct discussions with major construction federal agencies and key regulators. Guidance has been issued on ensuring federal compliance with court orders and injunctions, meaning that contractors should expect no federal action to enforce the contract clause implementing the requirement that federal contractors and subcontractors be…

Employers with 100 or More Employees Weigh Compliance Approaches As of January 13, the Supreme Court has not issued a decision on whether or not the Sixth Circuit was correct when it decided on December 17, 2021, to remove the nationwide stay (freeze) on implementation and enforcement of the OSHA COVID-19 vaccination-or-testing emergency temporary standard (ETS). The Court heard oral arguments on January 7 and can issue a decision on whether to reinstate the stay or not at any moment. Meanwhile, under OSHA compliance guidance, all of the ETS requirements—except the weekly testing requirement for the unvaccinated—took effect on…