On Sept. 24, AGC commented on three proposed rules that would significantly affect the applicability and implementation of the Endangered Species Act (ESA). The proposed revisions pertain to regulations governing the listing and delisting of species and plants, the designation of critical habitat and the interagency consultations that are part of the approval process for projects that involve federal permits or funding. AGC’s comment letters (one, two and three) offered examples of why the current process is unpredictable and adds delay and cost to the permitting and construction of infrastructure projects nationwide.
Forty-five states and the District of Columbia added construction jobs between August 2017 and August 2018, while 33 states added construction jobs between July and August, according to an analysis by the Associated General Contractors of America of Labor Department data released today. Association officials welcomed the job gains but noted that the numbers would have been higher if contractors could only find more qualified workers to hire.

The National Labor Relations Board (NLRB or the Board) has announced that it is planning to revisit the standard for determining whether and when contract language can convert an 8(f) collective bargaining relationship to a 9(a) relationship in the construction industry, and it is inviting interested parties to submit amicus briefs. AGC of America is considering plans to submit a brief. The deadline for submission is Oct. 26, 2018.
The U.S. Department of Labor announced a new digital platform, Apprenticeship.gov. This innovative web portal features an Apprenticeship Finder tool that offers career seekers a platform to search for apprenticeships by city, state, and occupation, as well as connects job seekers to high-skilled, high-paying careers.
Following up on promises made in its “Town Hall Action Plan”, the Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP) recently launched its new Contracting Officer Corner. The website is intended to be a one-stop-shop of resources for both federal agency contracting officials and federal contractors.
The U.S. Department of Labor (DOL) recently announced the creation of the Office of Compliance Initiatives (OCI), a cross-agency effort coordinated by the Office of the Assistant Secretary for Policy. DOL said that OCI will “promote greater understanding of federal labor laws and regulations, allowing job creators to prevent violations and protect Americans' wages, workplace safety and health, retirement security, and other rights and benefits.” OCI also “will work with enforcement agencies to refine their metrics to ensure the efficacy of the [DOL's] compliance assistance activities.”
Eighty percent of construction firms report they are having a hard time filling hourly craft positions that represent the bulk of the construction workforce, according to the results of an industry-wide survey released today by Autodesk and the Associated General Contractors of America (AGC). Association officials said shortages pose a significant risk to future economic growth.

On August 31, 2018, President Trump signed an executive order designed to make it easier for smaller businesses to band together and offer retirement plans to employees. The order directs the Departments of Labor (DOL) and Treasury to propose regulations that allow unrelated businesses to offer what the order calls association retirement plans (ARPs) by relaxing the requirement that small business have a common interest to form what’s commonly known as a multiple employer plan, or MEP. The idea is similar to association health plans (AHPs), which received a regulatory boost when, in June, the Department of Labor finalized a rule to make it easier for small businesses to join groups or associations to offer insured health coverage in the large group market at potentially more favorable pricing with less restrictive requirements.
The Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP) announced new directives, including new procedures for reviewing contractor compensation practices and a program to verify that contractors are in compliance with federal affirmative action program (AAP) requirements. These new directives are part of the Department’s efforts to maximize the effectiveness of compliance assistance outreach.
Prices for goods and services used in construction climbed 6.2 percent over the past year, intensifying a cost squeeze on contractors coping with widespread labor shortages, according to an analysis by the Associated General Contractors of America of new Labor Department data. Association officials noted that the cost increases come as many construction firms are already grappling with the impacts of labor shortages and the prospect of further tariffs on key materials.