On January 9, 2024, the U.S. Department of Labor (DOL) announced a final rule, effective March 11, 2024, revising the Department’s guidance on how to analyze who is an employee or independent contractor under the Fair Labor Standards Act (FLSA). This final rule rescinds the Trump administration final rule (2021) and replaces it with a more complex analysis for determining employee or independent contractor status.
The Chief Executive Officer of the Associated General Contractors of America, Stephen E. Sandherr, issued the following statement in response to the release today of a new Biden administration rule imposing government-mandated project labor agreements on federal construction projects valued at $35 million or more:
On Dec. 18, the Biden administration announced its government-mandated project labor agreement (PLA) final rule that requires PLAs on direct federal construction projects of $35 million or more, with limited exceptions. AGC has long prepared to and will fight this executive overreach in court.
The AGC Mental Health & Suicide Prevention Forum meets virtually on a quarterly basis to gather/share information, resources, and best practices among stakeholders in the construction industry. The first-quarter forum is scheduled for January 24, 2pm – 3pm, Eastern Time. If you would like to participate in the forum, please sign up here. You are encouraged to browse the website created to house important and lifesaving tools related to mental health and suicide prevention.
AGC of America will hold the next Union Contactors Forum quarterly meeting on December 13, 2023, at 11:00 a.m. ET. All interested AGC members and chapter staff are invited. The meeting is not open to nonmembers. The agenda will include updates from AGC staff and an open discussion of labor relations matters.
AGC recently submitted comments on the Treasury Department and Internal Revenue Service’s (IRS) notice of proposed rulemaking on how to satisfy the prevailing wage and apprenticeship requirements (PWA) for enhanced tax benefits under the Inflation Reduction Act (IRA). This was the second round of guidance and request for input. Treasury and the IRS previously provided guidance on the PWA requirements in 2022, to which AGC submitted extensive feedback.
On November 7, AGC weighed in against a U.S. Department of Labor (DOL) proposed rule to increase the threshold for coverage of overtime regulations under the Fair Labor Standards Act by nearly 70 percent, from $35,568 to $60,209, for a litany of reasons. As both the association and its coalition partners explain, the proposal would be too much for employers (especially small business construction companies) to absorb at one time and would, accordingly, threaten employees’ future.