The U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) recently issued two new opinion letters. Of particular interest is opinion letter FLSA2020-16 addressing compensability of employee travel time in certain situations involving construction sites located away from the employer’s principal place of business. Specifically, the letter discusses the compensability of non-exempt (e.g., overtime-eligible) foremen’s and laborers’ travel time under the Fair Labor Standards Act (FLSA). An opinion letter is an official document authored by WHD on how a particular law applies in specific circumstances presented by the person or entity requesting the letter. Opinion letters represent official statements of agency policy.
In response to the pandemic, the president issued an executive order establishing a Coronavirus Mental Health Working Group to respond to the mental-health conditions induced or exacerbated by the pandemic, including issues related to suicide. The Partnership for Employer-Sponsored Coverage—of which AGC is a member—provided input to the Working Group. There, the coalition expressed support for expanding access to telehealth services to all employees, including variable workforces. In addition, the coalition noted support for addressing access to affordable mental and behavioral health care, thereby avoiding large out-of-network bills or even surprise medical bills to employees. AGC continues to advocate for avenues for its members to offer high-quality and affordable health care options to their employees.
Avoid Needless Shutdown of and Confusion within Construction Industry
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AGC Calls for Withdrawal and Provides Guidance for Members
According to the latest Contractor Compensation Quarterly (CCQ) published by PAS, Inc., Open Shop contractors anticipate skilled craft hourly wage increases of 2.64% in 2020 (2.91% excluding zeros). Actual increases for 2019 were 3.25% (including zeros) and 3.26% (excluding zeros). These increases are across the board for all craft, contractor types, sizes, and regions of the country. WorldatWork reports 2020 actual construction increases at 3.1% for Non-exempt Hourly Non-union positions. Historically, our projected numbers are slightly lower than the actual year end figure, but in this year of COVID-19, that most likely won’t be the case.
The Office of Federal Contract Compliance Programs (OFCCP) has revamped the Employment Referral Resource Directory (ERRD). The ERRD lists government and nonprofit organizations as references to assist federal contractors' hiring of qualified applicants. ERRD was developed as a compliance assistance tool to help federal contractors identify local job referral services for veterans, individuals with disabilities, women, and minority groups. OFCCP hopes these updates will allow federal contractors to navigate the directory more easily to meet their compliance obligations.
AGC’s 2020 Construction HR & Training Professionals Conference wrapped up Oct. 8 after five days of education, sharing of best practices and networking virtually. The conference continues to be a must-attend event for human resources and training professionals in the construction industry.
Collective bargaining negotiations settled during the first three quarters of 2020 resulted in an average first-year increase in wages and benefits of 2.7 percent or $1.59, reports the Construction Labor Research Council (CLRC) in its latest Settlements Report. This compares to an average first-year increase of 2.8 percent or $1.66 reported during the same period in 2019 and of 2.9 percent or $1.67 reported for all of 2019.