As set forth in its notice and comment request of February 26, 2024, “Proposed Renewal of the Approval of Information Collection Requirements,” OFCCP seeks to renew and make changes to its construction scheduling letter and itemized listing. These documents are sent to contractors to initiate a construction compliance evaluation and to request relevant information for the evaluation.

Report, Titled “AGC for All” Catalogues Association’s Accomplishments During the Past Year

On March 12, 2024, a federal judge in Louisiana dismissed on procedural grounds AGC of America’s lawsuit challenging the Biden administration’s regulation requiring project labor agreements (PLAs) on federal construction projects of $35 million or more. The decision, however, does not prohibit the association from refiling a lawsuit later.

A new rule from the U.S. Department of Labor is broadly expected to result in more workers being classified as “employees” under the Fair Labor Standards Act (FLSA). Although the final rule faces challenges in court, employers should be prepared for the rule on independent contractor classification to go into effect March 11, 2024. Employers should review their relationships with workers currently classified as independent contractors to determine if they should be re-classified as employees. Misclassification could result in significant liability for unpaid wages (including unpaid overtime), employee benefits, and unpaid employment and other taxes.

AGC recently submitted comments on the U.S. Department of Labor (DOL) Employment and Training Administration’s (ETA) proposed rule to “revise the regulations for registered apprenticeship by enhancing worker protections and equity, improving the quality of registered apprenticeship programs, revising the State governance provisions, and more clearly establishing critical pipelines to registered apprenticeship programs, such as registered career and technical education (CTE) apprenticeships.”

The Office of Federal Contract Compliance Programs (OFCCP) recently released new resources to help veterans and employers understand the protections under the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) of 1974.

Whether you love them or hate them, project labor agreements (PLAs) are a reality. In light of the new federal contractor PLA mandate and a growing number of state and local orders requiring or encouraging PLAs, contractors need to understand the intricacies of PLA terms and conditions now more than ever.

AGC of America and its co-plaintiffs challenging the National Labor Relations Board’s (“NLRB” or “Board”) joint-employer rule in U.S. District Court in the Eastern District of Texas were handed a big win on March 8. The judge in Chamber of Commerce v. NLRB vacated the rule – which was finalized in 2023 and scheduled to take effect March 11 – in its entirety. The judge also vacated the Board’s recission of a rule issued by the previous Board in 2020.

Join AGC, NCCER and Ambition Theory on Monday, March 4 at 12pm EST for a Women in Construction Week Webinar, From Insights to Action Plan: A Toolkit for Advancing Women in Construction. During the webinar, we will share a new actionable toolkit - based off the findings from the 2023 "Building Better: Women in Construction Report" and following a discussion with construction firms during AGC's Construction HR & Workforce Conference - designed to help companies move beyond recruitment and pave the way for more women to move into leadership positions.

On January 30, the Federal Acquisition Regulation (FAR) Council proposed a rule that would require significant changes to pay transparency and applicant hiring to federal prime contractors and its subcontractors. Among the new requirements, the proposed rule would require federal prime contractors and subcontractors to disclose the compensation to be offered to the hired applicant in job announcements for certain positions. The proposed rule broadly defines this as, “all advertisements for job openings involving work on or in connection with a government contract placed by or on behalf of the contractor or subcontractor, the compensation to be offered to the hired applicant, for any position to perform work on or in connection with the contract.” It would also prohibit contractors and subcontractors from seeking and considering information about job applicants' compensation history when making employment decisions for certain positions. The FAR Council is accepting comments until April 1, 2024.