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On April 12, the U.S. Senate confirmed attorney Andrew Wheeler, former lobbyist and congressional aide, to serve as the U.S. Environmental Protection Agency’s deputy administrator.  AGC had urged the Senate to confirm Mr. Wheeler’s nomination. If EPA Administrator Scott Pruitt were to leave the agency, Wheeler would be next in line to become acting administrator.

On April 18, AGC submitted a response to the National Labor Relations Board’s Request for Information regarding representation-case procedures.  AGC also signed onto a response submitted by the Coalition for a Democratic Workplace (CDW).  Both responses call on the Board to rescind or modify its 2014 rule that changed the procedures for union representation elections.  The rule is often called the “quickie” or “ambush” election rule because it expedites the procedures in a way that can disadvantage employers that oppose a union organizing campaign.

A draft U.S. Army Corps of Engineers (USACE) directive would encourage the agency to concurrently process two related permitting reviews when a project needs them—Section 408 permissions under the Rivers and Harbors Act (RHA) and Clean Water Act (CWA) Section 404 dredge and fill permits—a priority among a number of AGC’s environmental review and permitting reform recommendations. RHA Section 408 requires USACE to evaluate and grant permission for any construction projects that alter existing USACE infrastructure—e.g., bridge/road construction project over, or by, a USACE-built levee, port construction on, or in, a USACE-dredged harbor. Where a construction project needs both a Section 408 permission and Section 404 permit, USACE does not currently begin the Section 404 permitting review process until it completes the Section 408 permission process, which further delays construction projects.

On April 12, 2018, the U.S. Department of Labor (DOL) issued 3 new opinion letters addressing compliance under the Fair Labor Standards Act (FLSA) and other laws.  The DOL issued the letters as part of its commitment to protect employees, enforce the law, and ensure employers have the tools for compliance.