The Trump administration has finalized the first steps in AGC-supported changes to streamline and modernize the implementation of the Endangered Species Act, which can be unpredictable and add delay and cost to the permitting and construction of infrastructure projects.

Forty states added construction jobs between July 2018 and July 2019, while construction employment increased in 25 states from June to July, according to an analysis by the Associated General Contractors of America of Labor Department data released on August 16. Association officials said the new jobs totals indicate there is a need for new federal investments in career and technical education programs, along with immigration reform.

On July 15, the U.S. Equal Employment Opportunity Commission (EEOC) officially opened the Web-based portal for the reinstated EEO-1 collection of pay and hours worked data for calendar years 2017 and 2018. The EEOC also provided a series of Frequently Asked Questions (“FAQs”) regarding the new requirements and a More Info Page to assist filers. The More Info page provides additional resources such as a sample form, an instruction booklet, a user’s guide, a fact sheet, and reference documents. 

The chief executive officer of the Associated General Contractors of America, Stephen E. Sandherr, released the following statement in support of the newly introduced, bipartisan Senate surface transportation legislation, the America’s Transportation Infrastructure Act:

Today, the Associated General Contractors of America (AGC) notified members of the U.S. House of Representatives of its intent to key vote H.R. 748, the Middle Class Health Benefits Tax Repeal Act of 2019. The association supports this bipartisan legislation that would repeal the 40 percent excise tax on employer-sponsored health coverage and employee benefits under the Affordable Care Act (ACA).

On June 10, AGC and its coalition partners submitted comments in response to the U.S. Occupational Safety and Health Administration’s (OSHA) request for information on issues related to requirements in the standards on powered industrial trucks for general, maritime, and construction industries. OSHA has sought information regarding the types, age, and usage of powered industrial trucks, maintenance and retrofitting of powered industrial trucks, how to regulate older powered industrial trucks, the types of accidents and injuries associated with operation of powered industrial trucks, the costs and benefits of retrofitting powered industrial trucks with safety features, and the costs and benefits of all other components of a safety program including operator training.

On June 7, AGC submitted comments to the U. S. Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP) in response to its proposal to institute a new approach in reviewing federal construction contractors’ compliance with OFCCP’s Affirmative Action Program (AAP) and record-keeping requirements through compliance checks. OFCCP intends for these compliance checks to be less burdensome, but exercised in greater quantity as opposed to more intensive compliance reviews or audits. If OFCCP determines during the compliance check that the contractor has not maintained AAPs, affirmative action specifications, and required records, OFCCP will provide individualized compliance assistance to help the contractor come into compliance and may place the contractor in a pool for a future compliance evaluation. The amount of information for contractors to submit would be more extensive for direct federal contractors than federally assisted contractors.

Surprise medical billing is a growing issue where patients face unexpected charges after they receive medical care. Despite the partisanship in Washington, there are growing bipartisan calls in Congress and by President Trump to end surprise billing, making it one of the few potential legislative accomplishments this Congress. On June 5, AGC joined a broad group of organizations in a urging Senate leaders to prioritize needed reforms to resolve surprise medical billing. AGC supports a legislative solution because surprise bills can create hardship for employees’ financial well-being and lost productivity fighting the bills.

The U.S. Secretary of Labor appointed AGC of America’s Senior Director of Safety & Health, Kevin Cannon, as the new Chairman of the OSHA Advisory Committee on Construction Safety and Health, citing his commitment and leadership abilities. Cannon has served as a member of the committee since 2011, representing construction employers as the committee helps advise the Secretary of Labor on safety standards and policy issues.

For more information, contact Kevin Cannon at cannonk@agc.org.

On May 21, AGC submitted comments to the U. S. Department of Labor’s (DOL) Wage and Hour Division (WHD) in response to a Notice of Proposed Rulemaking (NPRM) updating the Fair Labor Standards Act (FLSA) overtime regulations. In line with AGC’s recommendations to the WHD, this NPRM is the second step the DOL is undertaking to revisit the Obama administration overtime rule that dramatically increased the salary threshold for exempt employees and would have resulted in unintended consequences, particularly for small construction companies construction employers in lower-wage regions, and construction personnel. In contrast to the Obama rule, this new proposal would simply update the salary threshold using current wage data, projected to January 1, 2020. The result would boost the standard salary threshold for exempt employees from $455 to $679 per week (equivalent to $35,308 per year).