The U.S. Department of Labor has put forth a new test for determining whether someone is an employee or independent contractor under the Fair Labor Standards Act that could tilt the balance in that determination towards employee status.
A federal court ruled against the Deferred Action for Childhood Arrivals (DACA) program and thereby placed the program’s future and the nearly 100,000 individuals in the construction industry working under DACA work authorization under legal threat.
The U.S. Department of Labor is proposing changes to its “WD-10 Davis Bacon Wage Survey Report of Construction Contractor’s Wage Rates” form to help improve collection of data for determining prevailing wage rates.
AGC questions: (1) how the proposal’s use of less data to determine prevailing wage rates improves the wage rate determination process; and (2) the legality of the proposal’s expansion of “site of work” provisions that would include more off-the-jobsite workers under Davis-Bacon requirements.
The announcement includes a provision requiring construction employers, among others, to provide written notification of the job opportunity to the nearest AFL-CIO office and requesting assistance in recruiting qualified U.S. workers for the job opportunity.