Long Requested New Selection Methodology Also Finally Published The Office of Federal Contract Compliance Programs (OFCCP) has published the latest Corporate Scheduling Announcement List (CSAL) for construction contractors, which is comprised of 400 federal contractors, federally assisted contractors and subcontractors. After years and multiple requests from AGC of America, OFCCP has also finally released the methodology for developing the list as well as frequently asked questions (FAQs) where answers to other matters related to the topic are included.

The agenda is coming together and registration is open for the 2021 Construction HR and Training Professionals Conference to be held October 14-15, 2021, in St. Louis, Missouri.

Free to AGC Members With the Delta-variant-fueled surge of COVID-19 cases leading to new CDC masking guidance, statewide mandates, uncertain federal contractor requirements, potential private owner mandates, and the specter of further restrictions, you may have a renewed interest in seeing the vaccination rate at your worksite climb. But what can you do, legally and practically, to help move that rate higher?

AGC of America recently provided comments on the Pension Benefit Guaranty Corporation’s (PBGC) interim final rule implementing the American Rescue Plan Act’s (ARPA) special financial assistance program. The special financial assistance program is designed to help financially troubled multiemployer pension plans avoid insolvency for the next 30 years.

In a July 21 decision, the National Labor Relations Board (NLRB or Board) in Lippert Components, Inc., found that a union did not violate the National Labor Relations Act (NLRA) by displaying a 12-foot inflatable rat (known as Scabby the Rat) and two large banners, one targeting a neutral employer, near the public entrance to a trade show.

On July 27, the Office of Management and Budget and the Department of Defense announced the implementation of mask mandates for all federal workers, contractors, and visitors to federal facilities in areas with substantial or high community transmission of COVID-19 infections. Federal employees and “onsite contractors” will be required to “attest” to vaccination or be required to wear a mask. However, federal contractors nor agencies have received any implementation guidance which has resulted in confusion. Fundamental questions remain unanswered, including what the scope of the mandate is, who will bear the cost of testing, and if contractors working at multiple offices or for multiple agencies will be required to attest at each site. AGC received notice that it could be as long as two weeks before guidance is issued. The association will update the membership as soon as such guidance is released.

Due in part to AGC’s advocacy and others, a House fiscal year 2022 funding bill for the U.S. Department of Labor will not include a provision banning the construction industry from utilizing the H-2B seasonal guest worker visa program. The program provides temporary and seasonal workers when domestic workers are unavailable via a lottery process to a wide range of industries, including construction. Given the widespread worker shortages impacting the construction industry, AGC was very concerned of attempts to target and limit the industry’s ability to access the program. AGC will continue to advocate for immigration reforms that helps address construction workforce shortages.

The U.S. Department of Labor announced a final rule to rescind a Trump administration rule, “Joint Employer Status under the Fair Labor Standards Act” that took effect in March 2020. The rescinded rule included a description of joint employment the Biden administration believes is contrary to statutory language and Congressional intent. The U.S. District Court for the Southern District of New York vacated most of the rule in 2020.

On July 29, the Federal Acquisition Regulation (FAR) Council issued a proposed rule to add and expand Buy American Act requirements on direct federal construction projects (not federal-aid transportation projects). The proposed rule increases the domestic content required to 60% with increases in two years to 70% and then 75% in five years. It permits acceptance of products and construction materials up to six years after publication of the rule which are unavailable at an acceptable cost. It also states that a higher price preference may be identified for critical end products and construction materials. The rule was initiated as a result of President Biden’s Executive Order on Ensuring the Future Is Made in All of America by All of America’s Workers. White House staff briefed AGC on the direction of the proposed rulemaking and AGC gave feedback to inform the FAR Council’s process. AGC will provide feedback on how this rule should not exacerbate continuing construction material shortages and price spikes.

The U.S. Department of Labor has announced a Notice of Proposed Rulemaking to establish standards and procedures to implement and enforce Executive Order 14026, “Increasing the Minimum Wage for Federal Contractors,” signed by President Biden on April 27, 2021.