The Associated General Contractors of America recently urged the U.S. Department of Labor’s (DOL) Wage and Hour Division to abandon or at least postpone issuance of its anticipated proposed rulemaking altering the overtime regulations under the Fair Labor Standards Act (FLSA). Even though the COVID-19 public health emergency has been lifted, concerns with supply chain disruptions, workforce shortages, inflationary pressures, and the shifting dynamics of the American workforce persist, and any rule change now would threaten a particularly vulnerable and recovering economy.

In an eight-to-one decision issued on June 1, the U.S. Supreme Court issued a favorable decision in a labor preemption case in which AGC of America submitted an amicus brief. The case, Glacier Northwest v. International Brotherhood of Teamsters Local Union No. 174, presented the question of whether the National Labor Relations Act (NLRA) preempts an employer’s state tort claim against a union for intentionally destroying the employer’s property in the course of a labor dispute. Agreeing with arguments made in an AGC-supported coalition amicus brief, the Court affirmed the principle that strikers must take “reasonable precautions” to protect employer property from “foreseeable, imminent danger” and held that the union’s failure to do so in the case rendered its conduct outside the NLRA’s protections. Accordingly, preemption did not apply, and the employer in the case is free to pursue damages against the union in state court. For more background on the case, see AGC’s prior articles here and here.

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The construction industry workforce shortage is limiting contractors’ ability to staff projects. Contractors should be aware of the employment authorization and immigration work visas allowed under current law. However, navigating the legal process and requirements may seem daunting.

The Equal Employment Opportunity Commission (EEOC) has updated its COVID-19 technical assistance, What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws, in response to the end of the COVID-19 Public Health Emergency Declaration, appearing to give employers permission to continue many of their COVID-19 practices and protocols. The “ADA” is the Americans with Disabilities Act.

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On May 1, 2023, the National Labor Relations Board (“NLRB”) issued its decision in Lion Elastomers and United Steelworkers, making it more difficult for employers to discipline employees for outbursts and similar misconduct while employees are engaged in protected concerted activity under Section 7 of the National Labor Relations Act (the “Act”).

AGC of America released the fourth video in its series of mental health videos recently for member firms to share with all employees. The video features Shayne Dinkle, a Seattle-area safety manager for iron workers, who lost a son to suicide. The pain and anger from that incident brought him close to taking his own life. But the support and compassion he received from his co-workers helped him overcome. The message from the video is clear, it is okay to share your pain, ask for help and offer it to co-workers who are suffering. The video is part of a broader AGC effort to help overcome a construction industry mental health crisis that has resulted in the industry having a suicide rate that is four-times the national average. In addition to the video, AGC has collected a host of resources for member firms and chapters to use as they address the industry’s mental health challenges. You can find those resources here.

The initiative leverages the U.S. Department of Labor’s expertise, programs, policies, partnerships, and authority to advance mental health and wellness in the workforce.