AGC Joins EEOC EEO-1 Litigation

On Monday August 19, the U.S. Department of Justice (DOJ) filed a brief in the U.S. Court of Appeals for the DC Circuit seeking to overturn the district court’s decision from March that reinstated the EEOC’s revised EEO-1 Component 2 form.  On Monday, August 26, AGC —with the help of its Construction Advocacy Fund—joined 13 other associations on an amici brief that explains to the court the problems employers have with the new EEO-1 form; a narrative that was not included in the parties’ briefs. 

NLRB Reverses Precedent, Allowing Property Owners to Prohibit Off-Duty Access by Contractor's Employees

On August 23, 2019, the National Labor Relations Board reversed precedent and rebalanced the rights of property owners versus the Section 7 rights of employees in a labor dispute. In Bexar County Performing Arts Center Foundation d/b/a Tobin Center for the Performing Arts, the Board held that a property owner not involved in an underlying labor dispute may prohibit leafletting and similar protected activity by off-duty employees of a licensee or contractor performing work on the property owner’s premises.  Section 7 of the National Labor Relations Act (NLRA) guarantees employees the right to engage in concerted activities (i.e., to act together) for mutual aid or protection.

CONSTRUCTION EMPLOYMENT RISES BY 14,000 IN AUGUST AND 177,000 IN 12 MONTHS; LOW UNEMPLOYMENT RATE, ASSOCIATION SURVEY INDICATE WORKER SHORTAGE

Average Hourly Earnings in Construction Top Private Sector Average by 9.7 Percent as Construction Firms Continue to Boost Pay and Benefits in Effort to Attract and Retain Qualified Hourly Craft Workers

AGC Sends Preliminary Feedback as Administration Looks to Revise Mitigation Requirements

In mid-August, AGC prepared written recommendations for the U.S. Army Corps of Engineers as the agency works to review and revise the decade-old Compensatory Mitigation Rule, which addresses mitigation requirements for Clean Water Act (CWA) permits. AGC’s recommendations focus on how the Corps could reduce mitigation uncertainty and inconsistency in the process, increase mitigation banking capacity, and help alleviate some of the delays on projects related to the CWA permit approvals. AGC also encourages the Corps to provide for alternative, programmatic, and multipurpose options for mitigation. 

AGC Provides Comments on DOL Apprenticeship Rule

On August 26, AGC of America submitted comments on the U.S. Department of Labor’s proposed rule to establish a new system for government approval of apprenticeship programs that would operate in parallel with the existing registered apprenticeship system.  The new system would provide for recognition of “Industry-Recognized Apprenticeship Programs” through an expedited and streamlined process.  The proposed rule states that the construction industry would not “initially” be eligible to participate in the new system.

CONSTRUCTION SPENDING EDGES HIGHER IN JULY BUT DECREASES YEAR-TO-DATE AS DECLINE IN SINGLE-FAMILY HOMEBUILDING OFFSETS MULTIFAMILY AND NONRESIDENTIAL INCREASES

Association Survey Finds Contractors Remain Eager to Hire but Report Continuing Difficulty in Filling Hourly Craft Positions; Officials Urge Increase in Career and Technical Education, Greater Immigration for Qualified Workers

DOT Issues Environmental Streamlining Guidance

On August 23, the U.S. Department of Transportation issued a notice seeking public comment on two “interim” policies: one to limit environmental impact statements to a maximum of 150 pages – with a recommendation that they “not exceed” 75 pages – and the other to coordinate those federal reviews under the “One Federal Decision” executive order with a goal of completing them within two years. Both directives are intended to speed up the environmental review process for transportation projects.

ConstructorCast Podcast: Handling a Crisis

On AGC’s latest podcast episode, we speak with two industry experts on how construction firms can best prepare for and handle the aftermath of a crisis. We discuss the logistical implications of crisis preparedness as well the imperative to address the psychological and emotional repercussions of job site accidents.  Additional resources and customizable tools – developed by our guest speakers Tyler Henson with J.E. Dunn Construction and Patricia Kagerer with Gallagher – are available on AGC’s website here