In the latest installment of protracted litigation involving Browning-Ferris Industries (“BFI”) and the appropriate standard for determining joint-employer status under the National Labor Relations Act, the U.S. Court of Appeals for the District of Columbia Circuit on July 29 vacated a National Labor Relations Board decision in BFI’s favor. The standard is significant, as companies that are joint employers may be held jointly responsible for any unfair labor practices and collective bargaining obligations related to the jointly employed workers.
In light of the 30-day window that the Office of Federal Contract Compliance Programs (OFCCP) is offering federal contractors to object to a disclosure of EEO-1 reports, AGC of America will host an informal conversation with Alissa Horvitz of the law firm Roffman Horvitz on Tuesday, August 30, 2022, from 3:00–3:30 p.m. EASTERN Daylight Time. All interested AGC members and chapter staff are invited. The meeting is not open to nonmembers. The conversation will cover the background of the disclosure order, what data is included, contractors covered, liability concerns and next steps for contractors amongst other matters. A brief Q&A session will be offered at the end if there are further questions.
The agenda is coming together and registration is open for the 2022 Construction HR and Training Professionals Conference and pre-conference Federal Construction HR Workshop to be held October 12-14, 2022, in Phoenix, AZ.
Component 2 Pay Data for 2017 & 2018 Reports Not to be Included
NCAP to Launch with Educational Webinar on August 26, 2022
The U.S. Department of Labor did not violate the Davis-Bacon Act or regulations when the Department set prevailing wage rates based partly on wages from projects outside the relevant geographic area, held the U.S. District Court for the District of Nevada in an Aug.11 opinion rejecting a challenge jointly brought by Nevada Chapter AGC, ABC Nevada Chapter, and Nevada Trucking Association.
Construction employment in July continued to trail pre-pandemic levels in 15 states as contractors struggled to find qualified workers to fill openings, according to a new analysis of federal employment data released by the Associated General Contractors of America today. Association officials called on government officials to allow employers to sponsor more foreign-born workers and support more career and technical education to broaden opportunities for individuals to gain construction skills.
The Senate voted in line with AGC to overturn the Biden administration’s onerous NEPA rule to restore certainty for the construction industry and the environmental permitting process.
On August 8, AGC submitted comments in response to the U.S. Environmental Protection Agency’s proposed revision to the rule implementing the Clean Water Act (CWA) section 401 certification process, which provides for state review of federal CWA licenses or permits. The proposal rule if finalized would replace the 2020 rule that is currently in effect and would expand the scope of state and tribal reviews.