Apply by Wednesday, October 25, 2023!

Partnering Agreements No Longer Required for the Now-Named Marvin M. Black Excellence in Partnering & Collaboration Awards

AGC to offer an educational webinar on July 27 to help contractors prepare for what to expect from the U.S. Department of Labor’s Office of Federal Contract Compliance Programs in upcoming audits and if they become involved in your Mega Projects.

In its unanimous June 29 decision in Groff v. DeJoy, the U.S Supreme Court disrupted decades of precedent in ruling that, under Title VII of the Civil Rights Act of 1964, an employer that rejects a religious accommodation request on the basis of “undue hardship” must prove a burden well beyond a “de minimis cost.” The employer must establish that the rejected accommodation requires “substantial increased costs in relation to the conduct of [the employer’s] particular business.” The Court further clarified that a negative impact on co-workers resulting from the requested accommodation does not automatically qualify the accommodation as an “undue hardship.” The new test must be satisfied whether the “substantial increased costs” result from an impact on co-workers or otherwise.

AGC to Offer Educational Webinar on July 27th to Help Contractors Prepare

The U.S. Department of Labor’s (DOL) Wage and Hour Division recently published Field Assistance Bulletin (FAB) No. 2023-2, Enforcement of Protections for Employees to Pump Breast Milk at Work.

Looking to tackle your biggest construction HR & workforce challenges? There's no better place than the Construction HR & Workforce Conference!

Four Things Employers Need to Know

The Associated General Contractors of America recently urged the U.S. Department of Labor’s (DOL) Wage and Hour Division to abandon or at least postpone issuance of its anticipated proposed rulemaking altering the overtime regulations under the Fair Labor Standards Act (FLSA). Even though the COVID-19 public health emergency has been lifted, concerns with supply chain disruptions, workforce shortages, inflationary pressures, and the shifting dynamics of the American workforce persist, and any rule change now would threaten a particularly vulnerable and recovering economy.

In an eight-to-one decision issued on June 1, the U.S. Supreme Court issued a favorable decision in a labor preemption case in which AGC of America submitted an amicus brief. The case, Glacier Northwest v. International Brotherhood of Teamsters Local Union No. 174, presented the question of whether the National Labor Relations Act (NLRA) preempts an employer’s state tort claim against a union for intentionally destroying the employer’s property in the course of a labor dispute. Agreeing with arguments made in an AGC-supported coalition amicus brief, the Court affirmed the principle that strikers must take “reasonable precautions” to protect employer property from “foreseeable, imminent danger” and held that the union’s failure to do so in the case rendered its conduct outside the NLRA’s protections. Accordingly, preemption did not apply, and the employer in the case is free to pursue damages against the union in state court. For more background on the case, see AGC’s prior articles here and here.