Construction spending increased by 1.0 percent from January to February, while construction employment increased compared to February 2018 levels in 275 out of 358 metro areas, according to an analysis of new government data today by the Associated General Contractors. Association officials called on federal officials to support more career and technical education programs to prepare workers for in-demand careers like construction.

New Guidance Will Benefit Section 404 Permitting and Project Development

On March 14 and 15, the Trump Administration finalized amendments to resource management plans covering the greater sage grouse habitat in seven states giving greater flexibility to state decisions regarding activities in some of the bird’s habitat. The state plans fall under the Greater Sage Grouse Conservation Plan, finalized in 2015, which had previously set broad reaching land use policies/restrictions within the species’ territory.

July 23-25, 2019 in Seattle, Washington

The U. S. Department of Labor’s (DOL) Wage and Hour Division (WHD) today announced a Notice of Proposed Rulemaking (NPRM) to revise and clarify the responsibilities of employers and joint employers to employees in joint employer arrangements. In 2017, the DOL withdrew the previous administrations sub-regulatory guidance regarding joint employer status that did not go through the rulemaking process that includes public notice and comment.

The U. S. Department of Labor’s (DOL) Wage and Hour Division (WHD) today announced a Notice of Proposed Rulemaking (NPRM) updating the regulations governing regular rate requirements for the first time in more than 50 years. Regular rate requirements define what forms of payment employers include and exclude in the "time and one-half" calculation when determining workers' overtime rates. The proposed rule focuses primarily on clarifying whether certain kinds of perks, benefits, or other miscellaneous items must be included in the regular rate. Because these regulations have not been updated in decades, the proposal’s intent is to better define the regular rate for today's workplace practices.

Today the U.S. Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP) announced the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) hiring benchmark for 2019. Effective March 31, 2019, the hiring benchmark will be 5.9 percent, down from 6.4 percent in 2018. This benchmark is an annual goal for the percentage of hires who are veterans at each affirmative action plan (AAP) establishment.

On March 12, a bipartisan group of senators—led by Tom Carper (D-DE) and John Barrasso (R-WY)—introduced an AGC-backed bill to reauthorize the Diesel Emissions Reductions Act (DERA) program. The bill would provide $100 million annually through fiscal year 2024 for grants and rebates to states and localities to upgrade or replace older diesel engines, including off-road construction equipment. AGC chapters – working with AGC of America – have won millions in federal funds to support AGC members’ voluntary retrofit projects, in addition to leveraging millions more in matching and in-kind contributions to help their members afford the high cost of reducing emissions from construction equipment.

Awaiting EEOC Guidance on Reporting Requirements and Process

The National Labor Relations Board (the “NLRB” or “Board”) on March 1 issued an opinion expanding the rights of “Beck objectors” – i.e., those employees who are covered by a collective bargaining agreement but who choose not to become a member of the union.