On January 20, President Biden signed several executive orders to start work on his campaign promises to take steps on climate change and environmental justice as well as heighten enforcement. The transition team circulated a list of regulations to review include many that AGC has advocated on in recent years, such as waters of the United States (WOTUS), species concerns, and streamlining of federal reviews and approvals. This review process will take time and in some cases years to occur; and AGC will continue to stay engaged. As is commonly done, the Biden Administration initiated an immediate freeze on all federal rulemakings that are underway and called for a delay of final rules that have not yet gone into effect.
On January 20, President Biden released a legislative proposal to reform the nation’s immigration system. The proposal is separate from presidential actions halting construction of the southern border wall or preserving and fortifying Deferred Action for Childhood Arrivals (DACA). The legislative reform proposal would create a path to citizenship for the estimated 11 million undocumented individuals through a multi-year process if individuals pay taxes, pass background checks, and meet other requirements. Other individuals, such as those in the Deferred Action for Childhood Arrivals (DACA) Program and Temporary Protected Status (TPS) holders, could receive permanent status immediately. Extending long-term legal certainty to DACA and TPS has long been a priority of AGC, as more than 100,000 individuals in those programs are estimated to be working in the construction industry today. Despite AGC and others advocating for comprehensive immigration reform over the past two decades, those efforts have been stymied under both Republican and Democratic administrations. AGC looks forward to working with Congress on immigration reform that strengthens national security, functions efficiently and fairly, and addresses future workforce needs.
Impact on Federal Construction Projects Unclear
President Biden Revokes Several Trump E.O.s
Pres. Biden has revoked Pres. Trump’s controversial executive order on diversity and inclusion training. The order, Executive Order 13950, placed restrictions on the content that federal contractors, grantees, and agencies, as well as the military, could cover in employee training. AGC and other stakeholders in the business community called on Pres. Trump to withdraw the confusing order last October. In December, a federal court issued a nationwide preliminary injunction temporarily halting implementation of the restrictions on federal contractors and grantees.
On January 15, 2021, the Equal Employment Opportunity Commission (EEOC) voted to approve revisions to EEOC’s Compliance Manual Section on Religious Discrimination. The Commission had not updated the Compliance Manual since 2008.
On December 15, 2020, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) issued All Agency Memorandum (AAM) 235 rescinding AAM 212 and once again confirming that surveying work is not covered by the Davis-Bacon Act. At this time, it is unclear how the new Biden administration DOL will approach this particular situation.
The U.S. Department of Labor’s Wage and Hour Division (WHD) has issued new guidance in its ongoing efforts to support the American workforce through the pandemic recovery. As employers continue to meet the challenges presented to their businesses by the coronavirus, and as telework arrangements and virtual communication increasingly provide solutions, the agency provides additional guidance to maximize the benefits of these arrangements for employers and workers alike.
Vulnerable to Rollback in New Administration
Previously Delayed Due to Covid-19 Public Health Emergency
After delaying the opening of the 2019 EEO-1 Component 1 Data Collections on May 8, 2020 in light of the COVID-19 public health emergency, the U.S. Equal Employment Opportunity Commission (EEOC) has announced that the collections will now open in April 2021.