Browse by Date - 202210

AGC will provide the agency comments by the November 4 deadline on the reporting and documentation requirements of the new labor requirements.

The National Labor Relations Board has yet again changed its position on the question of whether an employer may unilaterally cease union dues checkoff after collective bargaining agreement (“CBA”) expiration without first bargaining to impasse.

On October 13, AGC formally weighed in against a Federal Highway Administration’s (FHWA) one-size-fits-all proposed rule that would have the effect of delaying or halting certain road and bridge projects - including the construction of new roads and highways – forcing them to instead focus on reducing greenhouse gas emissions.

On October 3, the U.S. Supreme Court granted a petition for review supported by AGC in Glacier Northwest, Inc. v. International Brotherhood of Teamsters Local Union No. 174. Ready-mix concrete supplier Glacier Northwest had asked the Court to review a Washington Supreme Court decision holding that National Labor Relations Act preemption prevents the company from suing a union under state tort law for intentionally destroying company property in the course of a labor dispute.

In its latest Settlements Report, the AGC-supported Construction Labor Research Council (CLRC) advises that construction-industry collective bargaining agreements settled from January through September of 2022 provide an average increase in wages and benefits of 3.8 percent in the first contract year. First-year increases negotiated during the period grew by 1.0 percent since 2020, which CLRC notes is a steep rate of growth. The last time first-year increases grew by 1.0 percent, it took seven years – from 2012 to 2019 – CLRC reports.

The Pension Benefit Guaranty Corporation (PBGC) has proposed a regulation regarding interest rate assumptions in determining a withdrawing employer’s liability to a multiemployer plan, which could have significant implications for the unionized construction industry.

Effective November 1, 2022

The Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced an extension of the flexibility in complying with requirements related to Form I‑9, Employment Eligibility Verification, due to COVID‑19.

The U.S. Department of Labor has put forth a new test for determining whether someone is an employee or independent contractor under the Fair Labor Standards Act that could tilt the balance in that determination towards employee status. 

Price escalation and supply chain disruptions continue to register as the number one issue in construction contracts today. The absence of a price escalation clause is considered a “killer clause” for many general contractors working on private vertical construction. Public owners are taking notice as well.