The AGC Labor and Employment Law Council held its 39th Annual Construction Labor Law Symposium on May 2-3, 2024, in Washington, DC. The Council is a network of attorneys who regularly represent AGC members and chapters in labor and employment matters. It holds an annual continuing legal education symposium such attorneys and for chapter labor staff.
Looking to tackle your biggest construction HR & workforce challenges? There’s no better place than AGC of America’s Construction HR & Workforce Conference!
On April 26, AGC of America and other business groups jointly filed a friend-of-the-court amicus brief urging a federal district court in Texas to declare unlawful a significant U.S. Department of Labor (DOL) final rule (2024) revising the standards for analyzing who is an employee or independent contractor under the Fair Labor Standards Act (FLSA). The final rule took effect March 11, 2024, and rescinded the Trump administration final rule (2021), replacing it with a more complex analysis for determining employee or independent contractor status.
Addresses Legal Developments and Emerging Issues, Including Virtual Work Environments
16 Additional Federally Funded Projects Designated
On April 26, AGC of America, and other business groups, jointly filed a friend-of-the-court amicus brief urging a Texas federal district court to declare unlawful a significant U.S. Department of Labor (DOL) final rule (2024) revising the standards for analyzing who is an employee or independent contractor under the Fair Labor Standards Act (FLSA). This final rule took effect March 11, 2024, and rescinded the Trump administration final rule (2021), replacing it with a more complex analysis for determining employee or independent contractor status.
According to the latest Contractor Compensation Quarterly (CCQ) published by PAS, Inc., construction executive staff wage increases came in at 5.6% for 2023 and are also projected to rise by an average 4.7% by 2024 year-end. The actual 2023 increase compared to the 2023 projected increase was .9% higher, so it is possible we will see this same trend in 2024 (or not – see below). For comparison, WorldatWork is projecting a 4.1% average increase for all executives in 2024.
Expands Protections and Accommodations for Pregnant Workers
The U.S. Department of Labor’s Wage and Hour Division (WHD) recently updated its Prevailing Wage Resource Book (PWRB). In light of the recent publication of the final rule, Updating the Davis-Bacon and Related Acts Regulations, which took effect on October 23, 2023, WHD claims to have conducted a review of the PWRB to simplify the language, restructure the format in a more intuitive manner, and provide additional guidance and examples where stakeholders routinely requested clarification.
The U.S. Department of Labor (DOL) has announced a final rule to Define and Delimit the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees under the Fair Labor Standards Act. 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 such a rule. The DOL last updated these regulations as recently as 2019, going into effect in 2020, which strongly suggests there is no need for urgency in issuing more changes.