The U.S. Department of Labor announced a proposed rule clarifying the definition of employee under the Fair Labor Standards Act (FLSA) as it relates to independent contractors. AGC has long called for federal clarification of the independent contractor status and preservation of legitimate independent contractor relationships, such as those that have historically existed in the construction industry.
Each October, construction industry professionals in HR, training and workforce development gear up for the industry’s premier learning and networking event, AGC’s Construction HR & Training Professionals Conference, and this year is no different. The 2020 event has gone completely virtual and will be held Oct. 6-8. For more information or to register, visit here.
In a move sure to frustrate employers and usher in a wave of confusion, a New York federal court judge just struck down critical portions of the Labor Department’s new joint employer rule that went into effect a few months ago. Concluding that the agency’s rule has “major flaws,” U.S. District Judge Gregory Woods decided yesterday that the rule did not comport with the Fair Labor Standards Act (FLSA). The September 8 ruling tosses out the new standard that had applied to “vertical” employment relationships (when staffing company or subcontractor workers are contracted to work with another entity, for example), while keeping intact the rarer “horizontal” relationships between related entities that employ the same worker – which was not significantly changed by the final rule. Affected employers may have to chart a more difficult course in order to ensure they are not deemed liable in joint employer situations.
California & Vermont Lost the Most Jobs for the Year, Utah & South Dakota Added the Most; Hawaii & Nevada Lost the Most Jobs Between July and August, New Mexico & California Added the Most

The U.S. Department of Labor’s Wage and Hour Division (WHD) posted revisions to regulations that implemented the paid sick leave and expanded family and medical leave provisions of the Families First Coronavirus Response Act (FFCRA).
In a series of interactive webinars, U.S. government agencies and private sector partners will explore the role of public-private sector collaboration in addressing drug challenges. Join participants from around the country to listen to expert speakers from the full range of relevant sectors, inside and outside of government. The webinar week will be held September 21–25, 2020. Each day will showcase a distinct aspect of the drug crisis, and the fact- and outcome-driven discussions will explore creative and practical measures to strengthen our collective response.

During the week of September 14, AGC and its members engaged in various efforts to celebrate the industry’s shared commitment to safety. The week kicked-off with a virtual event led by AGC’s CEO, Steve Sandherr, along with officials from the Occupational Safety and Health Administration (OSHA), including Principal Deputy Assistant Secretary, Loren Sweatt. The event also included a presentation from OSHA’s Directorate of Construction as well as a preview and discussion of the innovative approach one-member contractor has taken to raise awareness of the dangers associated with falls from ladders at various heights. In addition to the kick-off event, AGC made available several free training and education resources from our key partners and friends. If you are interested in receiving a certificate of participation for your construction safety week event(s), you can complete the required form, found here.

Only a few days remain until the current highway and public transit law – the Fixing America’s Surface Transportation (FAST) Act – expires on September 30. AGC is cautiously optimistic that Congress will extend the FAST Act for one-year (through fiscal year 2021). The extension would likely be considered as part of legislation to temporarily fund the federal government, known as a continuing resolution (CR). However, there is one outstanding issue that key negotiators need to resolve. They need to decide how much money should be deposited into the Highway Trust Fund (HTF) so that it can support the funding levels in the extension. Making this decision more complicated is the fact that the Congressional Budget Office (CBO) and the U.S. Department of Transportation (DOT), which monitor the overall financial health of the HTF, differ significantly on the amount of money required.

The U.S. Department of Labor’s Wage and Hour Division (WHD) posted revisions to regulations that implemented the paid sick leave and expanded family and medical leave provisions of the Families First Coronavirus Response Act (FFCRA). The revisions come as a result of a federal court decision that found portions of the regulations invalid.

Pre-Conference Federal Construction HR Workshop Returns