In the latest installment of protracted litigation involving Browning-Ferris Industries (“BFI”) and the appropriate standard for determining joint-employer status under the National Labor Relations Act, the U.S. Court of Appeals for the District of Columbia Circuit on July 29 vacated a National Labor Relations Board decision in BFI’s favor. The standard is significant, as companies that are joint employers may be held jointly responsible for any unfair labor practices and collective bargaining obligations related to the jointly employed workers.
In light of the 30-day window that the Office of Federal Contract Compliance Programs (OFCCP) is offering federal contractors to object to a disclosure of EEO-1 reports, AGC of America will host an informal conversation with Alissa Horvitz of the law firm Roffman Horvitz on Tuesday, August 30, 2022, from 3:00–3:30 p.m. EASTERN Daylight Time. All interested AGC members and chapter staff are invited. The meeting is not open to nonmembers. The conversation will cover the background of the disclosure order, what data is included, contractors covered, liability concerns and next steps for contractors amongst other matters. A brief Q&A session will be offered at the end if there are further questions.
The agenda is coming together and registration is open for the 2022 Construction HR and Training Professionals Conference and pre-conference Federal Construction HR Workshop to be held October 12-14, 2022, in Phoenix, AZ.
Component 2 Pay Data for 2017 & 2018 Reports Not to be Included
NCAP to Launch with Educational Webinar on August 26, 2022
The U.S. Department of Labor did not violate the Davis-Bacon Act or regulations when the Department set prevailing wage rates based partly on wages from projects outside the relevant geographic area, held the U.S. District Court for the District of Nevada in an Aug.11 opinion rejecting a challenge jointly brought by Nevada Chapter AGC, ABC Nevada Chapter, and Nevada Trucking Association.
According to the latest Contractor Compensation Quarterly (CCQ) published by PAS, Inc., contractors are projecting 2022 construction staff wages to increase an average of 4.17%, as reported by over 340 companies in the 40th edition of the Construction / Construction Management Staff Salary Survey. For pay increase comparison, according to the WorldatWork, across all industries exempt professionals saw 2021 actual increases of 3.0% and they are projecting 2022 increases of 3.3%. For construction WorldatWork reported a 3.4% increase in 2021 and an early projection of 3.4% for 2022.
Employers Have Until July 31, 2022, to Update I-9s
Registration is now open for the 2022 Construction HR and Training Professionals Conference and pre-conference Federal Construction HR Workshop to be held October 12-14, 2022, in Phoenix, AZ.
Employers that test workers for COVID-19 should review their policies to ensure they comply with updated guidelines released July 12 by the Equal Employment Opportunity Commission (EEOC). In prior guidance, the EEOC broadly allowed employers to screen workers for COVID-19 without running afoul of the Americans with Disabilities Act (ADA) due to the state of the pandemic. In revised guidelines, however, the agency said the employers may continue to administer viral tests as a condition of entering a worksite, so long as they can show that the testing practices are job-related and consistent with business necessity. The update “makes clear that going forward employers will need to assess whether current pandemic circumstances and individual workplace circumstances justify viral screening testing of employees to prevent workplace transmission of COVID-19,” the EEOC said.