AGC continues to monitor federal contracting agencies’ PLA policies and practices and to educate agencies about the problems with PLA mandates and bid preferences. AGC’s efforts include over 80 letters and survey responses sent during the Obama Administration urging agencies not to impose such mandates or preferences. In most cases, the letters were sent in response to agency announcements that a PLA mandate or preference was under consideration for a particular project or an anticipated set of projects in a particular area. Of those, only one PLA mandate has been issued to date.
Union contractors facing increasing cost competition from open-shop contractors are often tempted to set up a separate nonunion firm and operate on a double-breasted, or dual shop, basis. While establishment of such operations can be accomplished lawfully and effectively, the road has many pitfalls. Two recent cases coming out of different federal appeals courts illustrate how uneven the terrain can be.
The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) has issued updated guidance on its recently released final rules regarding the employment of veterans and individuals with disabilities. Both rules go into effect on March 24, 2014.
AGC’s 2013 HR Construction HR & Training Professionals Conference wrapped up Oct. 17 after two days of education, sharing of best practices and networking in Chicago, Ill. The conference continues to be a must-attend event for HR and training professionals in the construction industry.
Recently, AGC hosted a webinar on the Office of Federal Contract Compliance Program’s (OFCCP) New Disability and Veterans Rules: What They Mean for Federal Construction Contractors. The new rules, which go into effect on March 24, 2014, update the affirmative action requirements for direct federal contractors with regard to veterans and individuals with disabilities. The webinar recording is available for purchase in the AGC Bookstore to view on-demand.
In response to a request for comments from the U.S. Internal Revenue Service (IRS), AGC submitted comments regarding the proposed employer reporting requirements under the Affordable Care Act (ACA) – also known as the health care reform law. The reporting requirements will be used to verify the individual and employer mandates. The concerns of AGC’s member companies were addressed via joint comments submitted by the Employers for Flexibility in Health Care (E-FLEX) – a coalition group of leading trade associations, large businesses and employer-sponsored health plans. AGC also submitted an independently-drafted letter specifically addressing the needs of construction employers requirement to make contributions to multiemployer health plans pursuant to a collective bargaining agreement (CBA).
AGC will conduct a two-part webinar titled “Davis-Bacon: Understanding, Influencing, and Complying with Federal Prevailing Wage Requirements” on Dec. 5 and 10, 2013, from 1:00 to 2:30 p.m. Eastern Standard Time. Understanding and complying with the Davis-Bacon and Related Acts is no simple task. Yet failure to do so can put a contractor at risk for catastrophic consequences -- from high-dollar penalties to debarment. This webinar series will provide valuable information to help you avoid those risks, whether you’re new to federal contract compliance or just want a refresher course and update. It will also help you understand your rights to influence and challenge the wage-and-benefits requirements that affect your firm.
Training and Workforce Development professionals gathered on Oct. 15 and 16 at the Millennium Knickerbockers Hotel in Chicago for the newly combined Construction HR & Training Professionals Conference. The two-day conference provided a unique opportunity for human resources and training professional to learn about cutting-edge techniques, industry trends and compliance issues. Over the course of the conference attendees enjoyed ample opportunities to network with their peers during breakout sessions and social events.
This week marks the first partial federal government shutdown in 17 years. The shutdown started when the deadline to extend congressional spending authority passed without an agreement on a spending plan.
Amidst confusion among contractors and other parties, AGC has formally requested that the U.S. Department of Labor’s Wage and Hour Division (WHD) further clarify the application of the Davis-Bacon Act to Survey Crews. The request is in response to WHD’s March 2013 issuance of All-Agency Memorandum 212 (AAM 212). The guidance states that “survey crew members who perform primarily physical and/or manual work immediately prior to or during actual construction, and in direct support of construction crews, will be considered laborers or mechanics when employed on the site of work.”