The U.S. Environmental Protection Agency (EPA) is seeking public comment on an interpretive statement published April 15, concluding that “releases of pollutants to groundwater are categorically excluded from Clean Water Act’s permitting requirements because Congress explicitly left regulation of discharges to groundwater to the states and to EPA under other statutory authorities.” The full interpretive statement is online – click here. EPA had requested comment on the issue previously; AGC solicited input from member and submitted comments challenging EPA’s consideration of using the CWA permit program to regulate discharges to groundwater eventually making their way to a jurisdictional surface water. AGC strongly maintains that the CWA’s point source program does not regulate releases that reach “Waters of the U.S.” (WOTUS) via groundwater.
The U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) recently issued a new opinion letter clarifying the DOL’s position on designating and taking leave under the Family and Medical Leave Act (FMLA). The opinion letter provides that “an employer is prohibited from delaying the designation of FMLA-qualifying leave as FMLA leave”, even if the employee would prefer it be delayed, and must notify the employee of the FMLA status of the employee’s leave within five days of the employer obtaining enough information to make the determination. The DOL also found that an employer may not permit employees to expand their FMLA leave beyond the statutory 12-week entitlement (or 26-week entitlement, in the case of military caregiver leave).
May 2, 2019 - 2:00pm to 3:00pm ET
AGC of America’s Union Contractors Committee held two sessions during the association’s 100th Annual Convention in Denver, CO. At an open meeting of the Union Contractors Steering Committee on April 3, participants received updates from committee leaders and staff and conducted a roundtable discussion on matters of concern to union contractors and their AGC chapters. The committee also set the following dates for 2019 Union Contractors Conference Calls: June 11, September 10, and November 19. Each call will begin at 2:00 p.m. Eastern time and is open to all interested AGC members and chapter staff.
Encore Electric was honored for having the nation’s best construction safety and wellness plan in 2018 by the Associated General Contractors of America. The association, which oversees the Willis Towers Watson Construction Safety Excellence Awards, an annual ranking of construction safety programs, noted that 57 other companies were also selected as winners for the quality of their safety programs.
Roger Williams University, Oregon State University and Pittsburg State University are recognized as the nation’s most outstanding student construction chapters of 2018, the Associated General Contractors of America announced last week during its annual convention in Denver. The student chapters were honored in three categories; Emerging Student Chapter Award, Community Service Award and Construction Management Skills Award.
Chicago’s Ujamaa Construction was named as the 2019 Diverse Business of the Year award winner by the Associated General Contractors of America, association officials announced today. The association also awarded Diversity and Inclusion Excellence Awards to Austin Commercial, Shoemaker Construction Company, Central Builders, United Rentals and the AGC of Missouri.
On March 28, a federal judge struck down portions of the U. S. Department of Labor’s (DOL) Employee Benefits Security Administration (EBSA) final rule intended to expand access to association health plans (AHPs) and increase flexibility for small employers to join groups or associations to offer insured health coverage in the large group market at potentially more favorable pricing with less restrictive requirements. U.S. District Judge John Bates of Washington, D.C., ruled that the bona fide association and working owner provisions exceeded the statutory authority delegated in ERISA, the Employee Retirement Income Security Act, and that the DOL rule "was intended and designed to end run the requirements of the ACA," the Affordable Care Act. Citing to a severability provision in the Final Rule, the judge has remanded the rule to the DOL to determine whether it can be saved without the invalidated provisions. Unless the ruling is reversed on appeal, this ruling will replace the prior restrictions on establishing AHPs under ERISA.
Construction employment increased by 16,000 jobs in March and by 246,000 jobs, or 3.4 percent, over the past year, according to an analysis of new government data today by the Associated General Contractors of America. Association officials called on federal officials to double funding for career and technical training programs and facilitate immigration for workers with construction skills before a worker shortage stalls future infrastructure projects.
Columbus, Ohio’s National Veterans Memorial and Museum was the most significant construction project of 2018, the Associated General Contractors of America announced today. As a result, the project’s contractor, Turner Construction Company, received the association’s Construction Risk Partners Build America Grand Award, as well as the award for the best new building between $10 to $75 million.