Before the National Labor Relations Board’s (“Board” of “NLRB”) December 13 decision in Thryv, Inc., the Board’s traditional make-whole remedy for employee losses suffered as a result of an employer’s unfair labor practice was generally limited to back wages and/or reinstatement of employment. Following the decision, employers may be required to pay for a broader range of damages.

On December 12, the Department of Homeland Security (DHS) and the Department of Labor (DOL) announced the availability of 64,716 H-2B visas for the entirety fiscal year 2023.

AGC recently submitted comments on the U.S. Department of Labor (DOL) Wage and Hour Division’s (WHD) proposed rule to establish a new test for determining who is an independent contractor versus an employee under the Federal Labor Standards Act (FLSA). When the proposal is finalized, it would rescind a Trump administration final rule clarifying the standard for employee versus independent contractor status under the FLSA. AGC opposes the creation of this new standard for independent contractor classification and urged the DOL to withdraw this proposed rule.

The Treasury Department and Internal Revenue Service have published a notice of initial guidance providing taxpayers some information on how to satisfy the prevailing wage and apprenticeship requirements for enhanced tax benefits under the Inflation Reduction Act (IRA).

Expansion Would Threaten Traditional Subcontracting Relationships

ConsensusDocs and JAMS share common dispute mitigation and resolution goals and bring together a talented group of neutrals to contribute to better and more efficient construction contracting. ConsensusDocs (a family of standard form construction contracts promulgated by 40+ participating construction industry associations) provides form contracts that foster open communication pathways among the parties, a balanced allocation of risks, and avoidance or early mitigation of disputes. JAMS (a leading provider of arbitration, mediation, and related dispute resolution services through a select panel of distinguished neutrals) shares common goals with ConsensusDocs in promoting efficient and cost-effective resolution of the disputes that arise on construction projects – when they are unable to be avoided. Recognizing these shared interests, ConsensusDocs forms specifically identify JAMS mediation and arbitration among the types of alternative dispute mitigation and resolution offered.

The Associated General Contractors of America (AGC), through a working group of the AGC Contract Documents Forum, has just released comments to the ConsensusDocs 750 Standard Agreement Between the Constructor and Subcontractor. These comments follow on to comments AGC adopted in January of this year related to the ConsensusDocs 200 prime agreement that includes general terms and conditions. General contractors will want to consider these comments in tailoring standard ConsensusDocs contract document language for their own project-specific purposes. ConsensusDocs publishes contractual best practices that are fair to all parties and are created by a coalition of over 40 organizations. AGC’s comments provide a general contractor-specific perspective.

Construction has one of the highest suicide rates of all major industry groups. AGC of America is launching a new effort to combat the silent epidemic of suicide and other mental health issues plaguing our workforce. As part of this effort, we are releasing a series of videos telling the stories of real industry professionals who have struggled with mental health. We hope that in sharing their stories, others will know they are not alone, and it is okay to seek help when it is needed. For more information and resources, visit agc.org/mental-health-suicide-prevention.