On March 23, 2016, the U.S. Department of Labor (DOL) issued final regulations revising the “advice exemption” and requiring employers and consultants (broadly defined) to report labor relations advice and services under the Labor-Management Reporting and Disclosure Act's (LMRDA) "persuader activity" regulations. The effective date of the new regulations is April 25, 2016. The rule will be applicable to consultant arrangements and agreements as well as payments made on or after July 1, 2016.

Two of the industry’s top labor leaders addressed contractors at AGC of America’s 2016 Annual Convention on March 10 in San Antonio, TX. AGC CEO Steve Sandherr engaged Terry O’Sullivan, general president of the Laborers’ International Union of North America, and Eric Dean, general president of the International Association of Bridge, Structural, Ornamental & Reinforcing Iron Workers, in a discussion about their unions’ current initiatives and other matters of concern to union contractors. The session was hosted by AGC’s Union Contractors Committee and opened by Committee Chairman Vic DiGeronimo, Jr.

From Columbine High School to the rock concert in Paris, active shooter scenarios have become all too common. And while we remember most the students and concert attendees who tragically lost their lives, we must also remember that before these establishments were schools or concert venues, they were first workplaces -- workplaces that employed teachers, janitors, and office staff. And before that, they were workplaces that employed construction workers. During AGC’s 2016 Construction HR and Training Professionals Conference, retired police commissioner Bo Mitchell, will share best practices for planning and training employees for active shooter and other workplace violence situations.

AGC’s Construction HR & Training Professionals Conference will feature two of the most sought-after presenters in workforce development today: Buddy Hobart and J. Doug Pruitt. Both speakers have a passion for attracting and retaining the next generation of workers.

Union representation in the construction industry (covering all occupations) fell from 14.7 percent to 14.0 percent in 2015, according to an annual report recently issued by the Bureau of Labor Statistics (“BLS”). The number of union-represented employees in the industry also declined over the year, from 1,023,000 to 992,000. Likewise, both the percentage and number of employees in the industry who were members of a union decreased over the year – from 13.9 percent to 13.2 percent, and from 968,000 to 940,000 people.

Construction-industry collective bargaining negotiations completed during 2015 resulted in an average first-year increase in wages and benefits of $1.10 per hour or 2.5 percent, according to the annual year-end Settlements Report issued by the AGC-supported Construction Labor Research Council. For newly negotiated multi-year contracts, the average negotiated second-year increase was $1.40 or 2.7 percent, and the average third-year increase was $1.50 or 2.7 percent.

The U.S. Equal Employment Opportunity Commission (EEOC) announced a proposal that would revise the Employer Information Report (EEO-1). The new report would require all employers with 100 or more employees to submit compensation data and hours worked in addition to racial, ethnic and gender status data that is currently required by the federal government. The new form would also apply to federal contractors with more than 100 employees, and, if implemented, will replace the Office of Federal Contract Compliance Program’s (OFCCP) proposed Equal Pay Report for federal contractors.

On February 1, the U.S. Department of Homeland Security (DHS) issued guidance for employers regarding internal audits of Employment Eligibility Verification forms, also known as Forms I-9. All employers are required to complete a Form I-9 to verify their new hires' identity and employment eligibility. Immigration Customs and Enforcement – a division within DHS – and the Department of Justice Office of Special Counsel for Immigration-Related Unfair Employment Practices partnered to publish the guidance in compliance with the Immigration and Naturalization Act.

On January 11, 2016, the final rule issued by the Office of Federal Contract Compliance Programs (OFCCP) implementing Executive Order 13665 (EO) took effect. Issued in April 2014, the EO amended Executive Order 11246 by prohibiting federal contractors and subcontractors from retaliating or discriminating against employees and applicants who inquire about, discuss, or disclose his or her own compensation or the compensation of other employees or applicants.

AGC recently hosted a webinar to educate construction contractors on the reporting requirements and supporting forms for the Affordable Care Act’s (ACA) Employer Mandate. The webinar, Affordable Care Act Update for Construction Employers: Employer Shared Responsibility Reporting and Legislative Changes, highlighted the mandatory reporting obligations of IRS forms 1094-C and 1095-C with respect to 2015. A recording of the webinar is available in the AGC Store.