AGC’s 2024 Construction HR & Workforce Conference will be held on October 20-22, 2024, in Denver, CO. The event will feature keynotes focusing on the intersection of HR and workforce development. The program will also feature a multi-track educational program that includes sessions focused on HR and training practices, while others will highlight workforce development strategies. Some sessions will cover both!

As previously reported, efforts to limit or outright prohibit the use of employee non-compete agreements have gained considerable momentum in the past year with several states, including California, Minnesota, North Dakota, and Oklahoma, banning non-competes entirely.

The Construction Labor Research Council (CLRC) has released its annual report on Union Labor Costs in Construction. The report is useful for understanding current trends in collectively bargained compensation for union craft workers in the construction industry, providing data analyses by region and trade. It can be a valuable resource when preparing for collective bargaining negotiations, particularly when used in conjunction with CLRC’s latest Settlements Report.

As set forth in its notice and comment request of February 26, 2024, “Proposed Renewal of the Approval of Information Collection Requirements,” OFCCP seeks to renew and make changes to its construction scheduling letter and itemized listing. These documents are sent to contractors to initiate a construction compliance evaluation and to request relevant information for the evaluation.

Report, Titled “AGC for All” Catalogues Association’s Accomplishments During the Past Year

A new rule from the U.S. Department of Labor is broadly expected to result in more workers being classified as “employees” under the Fair Labor Standards Act (FLSA). Although the final rule faces challenges in court, employers should be prepared for the rule on independent contractor classification to go into effect March 11, 2024. Employers should review their relationships with workers currently classified as independent contractors to determine if they should be re-classified as employees. Misclassification could result in significant liability for unpaid wages (including unpaid overtime), employee benefits, and unpaid employment and other taxes.

AGC recently submitted comments on the U.S. Department of Labor (DOL) Employment and Training Administration’s (ETA) proposed rule to “revise the regulations for registered apprenticeship by enhancing worker protections and equity, improving the quality of registered apprenticeship programs, revising the State governance provisions, and more clearly establishing critical pipelines to registered apprenticeship programs, such as registered career and technical education (CTE) apprenticeships.”

The Office of Federal Contract Compliance Programs (OFCCP) recently released new resources to help veterans and employers understand the protections under the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) of 1974.

Whether you love them or hate them, project labor agreements (PLAs) are a reality. In light of the new federal contractor PLA mandate and a growing number of state and local orders requiring or encouraging PLAs, contractors need to understand the intricacies of PLA terms and conditions now more than ever.

UPDATE: On March 8, 2024, the court handed AGC and co-plaintiffs a major victory when it granted our motion for summary judgment and vacated the NLRB’s rule. On May 7, 2024, the NLRB filed a notice of appeal in the U.S. Court of Appeals for the 5th Circuit. AGC will continue to fight this regulation at the appellate level to protect our win in the lower court.