In the weeks following the U.S. Environmental Protection Agency (EPA) action to lower the primary annual air quality standard by 25 percent for fine particulate matter or PM2.5 (see AGC article), multiple states have taken legal action and both chambers of Congress have initiated AGC-supported resolutions against the rule.

As set forth in its notice and comment request of February 26, 2024, “Proposed Renewal of the Approval of Information Collection Requirements,” OFCCP seeks to renew and make changes to its construction scheduling letter and itemized listing. These documents are sent to contractors to initiate a construction compliance evaluation and to request relevant information for the evaluation.

Report, Titled “AGC for All” Catalogues Association’s Accomplishments During the Past Year

On March 12, 2024, a federal judge in Louisiana dismissed on procedural grounds AGC of America’s lawsuit challenging the Biden administration’s regulation requiring project labor agreements (PLAs) on federal construction projects of $35 million or more. The decision, however, does not prohibit the association from refiling a lawsuit later.

A new rule from the U.S. Department of Labor is broadly expected to result in more workers being classified as “employees” under the Fair Labor Standards Act (FLSA). Although the final rule faces challenges in court, employers should be prepared for the rule on independent contractor classification to go into effect March 11, 2024. Employers should review their relationships with workers currently classified as independent contractors to determine if they should be re-classified as employees. Misclassification could result in significant liability for unpaid wages (including unpaid overtime), employee benefits, and unpaid employment and other taxes.

AGC recently submitted comments on the U.S. Department of Labor (DOL) Employment and Training Administration’s (ETA) proposed rule to “revise the regulations for registered apprenticeship by enhancing worker protections and equity, improving the quality of registered apprenticeship programs, revising the State governance provisions, and more clearly establishing critical pipelines to registered apprenticeship programs, such as registered career and technical education (CTE) apprenticeships.”

The Office of Federal Contract Compliance Programs (OFCCP) recently released new resources to help veterans and employers understand the protections under the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) of 1974.

Whether you love them or hate them, project labor agreements (PLAs) are a reality. In light of the new federal contractor PLA mandate and a growing number of state and local orders requiring or encouraging PLAs, contractors need to understand the intricacies of PLA terms and conditions now more than ever.