As of March 5, a majority of federal agencies, including the Department of Labor (DOL) and Environmental Protection Agency (EPA), have launched guidance portals in accordance with a pair of executive orders (EO 13891 and EO 13892). These measures, signed by President Trump in October 2019, intend to reduce the impact of agency guidance the White House believes has become a back-door means of regulation. The orders target significant guidance that could have the potential to impact the economy, the environment, public health, or state, local, or tribal communities.
The National Labor Relations Board (“NLRB”) has issued a final rule changing the standard for when one company may be deemed a joint employer of another company’s employees. Like the proposed rule, the final rule establishes that a company is a joint employer if it actually exercises substantial direct and immediate control over essential terms and conditions of employment. However, consistent with AGC of America’s comments to the proposed rule, the final rule adds clarification as to what constitutes “substantial direct and immediate control,” “essential terms and conditions of employment,” and other key terms.
AGC’s 2020 Construction HR & Training Professionals Conference and pre-conference Federal Construction HR Workshop will be held on October 7-9, 2020, at the Hyatt Regency St. Louis at the Arch in St. Louis, MO. The conference will offer unique opportunities for HR, training, and workforce development professionals in the construction industry. For training professionals, the conference will offer sessions related to the most cutting-edge techniques currently in the industry and envisioned for the future in training, education and workforce development. For HR professionals, the conference will help attendees stay up to date and compliant with employment laws and best practices. Some sessions will be of interest to both HR and training professionals alike.
On Feb. 27, the Environmental Protection Agency (EPA) released for public comment a draft of its general permit to regulate stormwater discharges from most industrial activities. Construction companies that perform activities associated with cement or concrete manufacturing, asphalt paving, minerals mining, or landfill operations will all likely be impacted by changes to EPA’s Multi-Sector General Permit (MSGP). The MSGP applies where EPA is the permitting authority and sets the standard for related general permits issued by states. AGC is working with a coalition to submit comments to EPA in advance of the deadline.
On Feb. 24, AGC CEO Steve Sandherr, along with other national business leaders, spoke at a press briefing on the need to streamline the environmental review process for projects that require federal approval in order to unlock American investment in modern, efficient infrastructure while advancing good environmental stewardship. On Feb. 25, AGC presented the same message at the White House Council on Environmental Quality’s (CEQ) public hearing on proposed regulations out for public comment that would update the rules implementing the National Environmental Policy Act (NEPA).
On Feb. 26, the House Committee on Transportation and Infrastructure passed H.R. 5912, the Expedited Delivery of Airport Infrastructure Act of 2020. This AGC-supported legislation would ensure that Airport Improvement Program (AIP) funds can be used to provide incentive payments to contractors for early completion of eligible projects. Early completion incentives allow owners to identify projects that provide significant public benefits that would be enhanced if the project were completed earlier. Rather than the owner agency establishing unrealistic completion dates, which could discourage some contractors from bidding on those projects, incentive payments allow contractors to determine how best to earn the incentive. AGC applauds the committee for passage of this measure and will continue to support its movement through the legislative process.
There’s still a short time left to register for AGC of America’s upcoming Collective Bargaining Seminar. The half-day seminar will take place in the morning of March 9 at the Bellagio Hotel in Las Vegas, NV. The seminar is part of AGC’s Annual Convention, but AGC members and chapter staff not attending the convention may also attend.
AGC of America on Feb. 4 released a white paper titled The PRO Act: What Union Contractors Need to Know. The PRO Act is a bill that would make vast, transformational changes to labor laws and upsets the delicate balance of rights and restrictions established over decades by the NLRB, courts, and Congress. While the union-favoring legislation presents obvious concerns for open-shop contractors, union contractors may not realize the detrimental impact it could have on them.
March 11, 2020, at the Bellagio Hotel and Casino
Construction-industry collective bargaining negotiations completed in 2019 resulted in an average first-year increase in wages and fringe benefits of $1.67 or 2.9 percent, according to the annual year-end Settlements Report issued by the AGC-supported Construction Labor Research Council (“CLRC”).