At the end of December, the U.S. Department of Labor (DOL) and the National Labor Relations Board (NLRB) released its 2012 Statement of Regulatory Priorities, commonly known as the regulatory agenda. Initially, the agendas were scheduled to be released last fall, but were delayed presumably due to the November elections.  While agencies often do not adhere to the target dates listed, the agenda is a good indicator of issues the agency wants to address in 2013, which includes several regulations of concern to the construction industry.  Respectfully, neither agency announced any new regulations in the newly-released agendas.  However, the agency did provide notice of several updates.

HR professionals cannot make tough company decisions regarding the Affordable Care Act (ACA) alone.  As a result, many are guiding construction company owners and executives through the decision-making process to minimize the impact of the ACA on business operations.  AGC’s upcoming webinar series, The Affordable Care Act: The Impact of Health Care Reform on Your Construction Business, will provide those with a seat at the table the information necessary to make critical business decisions that will affect the company for years to come.  The webinars will be held on Feb. 5, 7 and 12.  Each webinar will be held from 2:00-3:30 p.m. ET.  Registration for all three days is just $99 for AGC members.

Learn About Recommendations for Legislative and Regulatory Changes to System For over a year, AGC has participated in the National Coordinating Committee of Multiemployer Plans (NCCMP) Retirement Review Security Commission to develop draft recommendations for legislative and other changes to the current multi-employer pension plan system. The Commission has worked to develop these recommendations to ensure that the system provides reliable retirement income to workers while reducing financial risks to contributing employers.

The U.S. Department of Labor’s Employee Benefits Security Administration (EBSA) has expanded its compliance review regimen to include a review of compliance with the Patient Protection and Affordable Care Act (ACA), the Genetic Information Nondiscrimination Act (GINA), and wellness programs.   As a result, EBSA has broadened the list of documents it requests during a compliance review.

AGC of America will provide its latest training on federal prevailing wage laws in a two-part webinar on Dec. 11 and 13, 2012, from 2:00 to 3:30 p.m. ET.  The format is different from previous years, offering new information for everyone involved in compliance with the Davis-Bacon and Related Acts (DBRA) on federal and federally assisted construction projects. 

AGC’s 2012 HR Professionals and Training, Education & Development Conferences (TED) wrapped up October 18, after three and a half days of education, sharing of best practices and networking in San Antonio, Texas.  The conferences, which ran back-to-back, continue to be a must-attend event for HR and training professionals in the construction industry.

On Nov. 19, 2012, the U.S. Citizenship and Immigration Services (USCIS) division of the U.S. Department of Homeland Security (DHS) released guidance instructing employers on the proper way to complete the Employment Eligibility Verification Form, Form I-9, for new and existing employees who participate in the Deferred Action for Childhood Arrivals program, also known as “DACA.”

On Nov. 13, 2012, AGC hosted a webinar on Affirmative Action in Employment:  How to Implement the Employment Practices and Procedures Required by the Office of Federal Contract Compliance Programs (OFCCP).   The webinar provided compliance assistance training and best practices for federal and federally-assisted construction contractors governed by OFCCP, the federal agency responsible for ensuring that those who do business with the federal government take affirmative action and refrain from unlawful discrimination.  The webinar recording is available for purchase in the AGC Bookstore to view on-demand.

The National Labor Relations Board (NLRB) has reaffirmed its position that union job targeting programs are protected under the National Labor Relations Act (NLRA) and has clarified that this protection extends even to programs funded in part by voluntary deductions from the wages of workers employed on state-funded public works projects. 

Collective bargaining negotiations in the construction industry settled between January and September of this year resulted in an average first-year wage-and-benefits increase of $1.01 or 2.2 percent, according to the latest Settlements Report issued by the AGC-supported Construction Labor Research Council.  For newly negotiated multi-year contracts, the average second-year increase was $1.12 or 2.4 percent, and the average third-year increase was $1.10 or 2.3 percent.  As percentages, the averages negotiated for contract years one and two are higher than averages for those contract years negotiated throughout 2011, but the average for year three is higher than in 2011.  In straight dollar amounts, the new average increase is higher than in 2011 for year one but is lower for years two and three.  Negotiation of zero-percent increases was less common this year than last year.