Newsline

Take Action: Oppose the DOL’s Disruptive Independent Contractor Proposal!

On Oct. 11, the U.S. Department of Labor announced a new proposal to rescind and replace a commonsense, ABC-supported 2021 final rule on independent contractors. The proposed rule would unnecessarily complicate the test for determining whether a worker is an employee or an independent contractor under the Fair Labor Standards Act, which would cause confusion, increased litigation and additional administrative burdens for contractors.

Treasury and IRS Release Unclear Guidance on IRA Tax Credits, Davis-Bacon and Apprenticeship Requirements

On Nov. 30, the U.S. Treasury Department and Internal Revenue Service released guidance regarding tax credits for private clean energy projects funded by the Inflation Reduction Act conditioned on compliance with prevailing wage and government-registered apprenticeship requirements. Treasury and the IRS also released FAQs to provide additional information on the prevailing wage and apprenticeship requirements.

FAR Council Proposes Rule Requiring Emissions Disclosures and Reductions for Federal Contractors

On Nov. 14, the Federal Acquisition Regulatory Council issued a proposed rule to amend the Federal Acquisition Regulation to require certain federal contractors to disclose their greenhouse gas emissions and set GHG emission reduction targets.

Under the proposed rule, federal contractors who qualify as significant contractors, (those receiving between $7.5 million and $50 million in federal contracting obligations in the prior fiscal year) would be required to inventory their annual GHG emissions and disclose this information to the federal government.

ABC Submits Comments Supporting DOT Buy America Waivers

The U.S. Department of Transportation recently announced the expiration on Nov. 10 of a general waiver to Buy America requirements imposed by the Infrastructure Investment and Jobs Act. With this expiration, the IIJA’s expanded Buy America requirements are now in effect for most federally funded infrastructure projects. The DOT proposed two narrower waivers that will exempt a limited number of projects from these requirements.

NLRB Extends Comment Deadline for Representation-Case Procedures Proposed Rule

On Nov. 22, the ABC-led Coalition for a Democratic Workplace requested that the National Labor Relations Board issue a 30-day extension to the comment period for the board’s new notice of proposed rulemaking addressing election-blocking charges, voluntary recognition and construction industry bargaining relationships. On Nov. 29, the NLRB announced it is extending the comment deadline from Jan. 3 to Feb. 2, 2023. ABC will be filing comments opposing the proposed rule.

Election Update: ABC Staff and Members Elected in 2022

With essentially all House races called, Republicans are on pace to hold the House majority by approximately the same margin that Democrats enjoyed in the 117th Congress—around five seats. On the heels of Democrat John Fetterman’s defeat of Dr. Mehmet Oz, Republican, to flip retiring Republican Sen. Pat Toomey’s seat in Pennsylvania, Democrats will return to the Senate majority.

House Approves Measure To Avoid Freight Rail Strike, Backs Paid Leave Resolution

On Nov. 30, the U.S. House of Representatives voted in favor of legislation to end a labor standoff that threatened a stoppage of rail service and a labor strike that would have a significant impact on the U.S. economy and lead to further inflationary pressure. Lawmakers voted 290-137 on H.J. Res. 100 to use their authority in the Railway Labor Act to force the adoption of the National Tentative Agreement reached in September. The House also approved H. Con. Res. 119 by a vote of 221-207, which would provide seven days of paid sick leave for the rail workers covered in the agreement.

IIJA Buy America Rules Now in Effect; DOT Proposes New Waivers

The U.S. Department of Transportation recently announced the expiration on Nov. 10 of a general waiver to Buy America requirements imposed by the Infrastructure Investment and Jobs Act. With this expiration, the IIJA’s expanded Buy America requirements are now in effect for most federally funded infrastructure projects. The DOT proposed two narrower waivers that will exempt a limited number of projects from these requirements.

Tell the NLRB To Abandon Its New Radical Joint Employer Rule

The ABC-led Coalition for a Democratic Workplace has created a grassroots toolkit to tell the National Labor Relations Board to abandon its radical joint employer proposed rule. The toolkit provides an explanation of the rulemaking and a ready-to-send letter to the NLRB explaining why the new joint employer standard would be disastrous. Take action now before the Dec. 7 comment deadline! ABC will also be submitting comments opposing the new rule.

ABC Calls on Supreme Court to Reverse Intentional Destruction of Employer Property Case

On Nov. 8, ABC joined the Coalition for a Democratic Workplace and six other employer organizations in filing an amicus brief before the U.S. Supreme Court to request that the court reverse the judgment of the Washington Supreme Court in Glacier Northwest, Inc v. International Brotherhood of Teamsters. The Washington Supreme Court’s decision stated that the National Labor Relations Board preempts state tort suits, allowing unions and their supporters to intentionally destroy an employer’s property while claiming to be engaged in protected concerted activity.

ABC Opposes New NLRB Representation Case Procedures Proposed Rule

On Nov. 3, the National Labor Relations Board issued a new notice of proposed rulemaking addressing election-blocking charges, voluntary recognition and construction industry bargaining relationships. The proposal rescinds the ABC-supported 2020 NLRB final rule, which would “better protect employees’ statutory right of free choice on questions concerning representation.”

ABC Fights for Merit Shop Priorities in Midterms: FEA Spends $2.7M; ABC PAC Spends $1.6M

Since August, ABC’s Free Enterprise Alliance has spent $2.7 million on get-out-the-vote campaigns and—separately—issue advocacy. Additionally, ABC PAC raised $1.7 million and contributed $1.6 million directly to federal candidates that believe in free enterprise and open competition, placing ABC among the most politically active trade associations in the nation over the 2021-2022 election cycle.

ABC-Led Coalition Requests Extension on IRS/Treasury Davis-Bacon and Registered Apprenticeship Mandates

On Oct. 31, an ABC-led coalition of 22 construction and energy groups sent a letter to the U.S. Department of the Treasury and Internal Revenue Service requesting a 60-day extension of the Nov. 4 deadline in response to their request for comments regarding implementation of the Inflation Reduction Act. Specifically, the agencies requested comments on Davis-Bacon and government-registered apprenticeship requirements for applicable clean energy construction projects. A previous extension request by ABC has received no response.

ABC Opposes GSA Final Rule Allowing Union Organizing of Contractors on Federal Property

On Nov. 1, ABC submitted comments opposing the General Services Administration’s Sept. 2 final rule to allow unions access to federal property for the purpose of soliciting membership from the employees of federal contractors. Previously, these activities were barred by a general prohibition on soliciting, posting and distributing materials in or on federal property controlled by the GSA.

SBA to Hold Virtual Roundtable on DOL Independent Contractor Proposal

On Oct. 25, the U.S. Small Business Administration Office of Advocacy announced that it is hosting a virtual roundtable to gather input from small businesses on the U.S. Department of Labor’s new independent contractor proposed rule on Wednesday, Nov. 9, from 3-5 p.m. ET. ABC plans to participate in the roundtable. ABC members interested in attending are encouraged to RSVP to [email protected] to receive participation details.

Survey Closes Oct. 31: Treasury and IRS Request Comments on IRA Davis-Bacon and Apprenticeship Requirements

On Oct. 5, 2022, the U.S. Department of Treasury and Internal Revenue Service issued a request for comments regarding implementation of the Inflation Reduction Act, notably on Davis-Bacon and apprenticeship requirements. The legislation, opposed by ABC, was signed into law on Aug. 16, 2022, and provides over $369 billion in tax credits for the construction of solar, wind, hydrogen, carbon sequestration, electric vehicle charging stations and other clean energy projects.

ABC Participates in SBA Roundtable and Expresses Concerns About NLRB’s Joint Employer Proposal

On Oct. 20, ABC participated in the U.S. Small Business Administration’s Office of Advocacy virtual roundtable on the National Labor Relations Board joint employer proposed rule. ABC expressed disappointment that the NLRB is once again revising its standard for determining joint-employer status, which will cause great confusion among construction contractors, specifically small business owners.

DOL Extends Comment Period to December for Independent Contractor Proposal

On Oct. 25, the U.S. Department of Labor’s Wage and Hour Division announced it is extending the comment deadline on the ABC-opposed independent contractor proposed rule from Nov. 28 to Dec. 13 in order to allow sufficient time for parties to file initial comments.

ABC, Lawmakers and Industry Groups Call on President Biden to Withdraw His Inflationary PLA Mandate Policies

Associated Builders and Contractors has submitted more than 40 pages of comments to the Federal Acquisition Regulatory Council calling on the Biden administration to withdraw a controversial proposed rule that would require anti-competitive and inflationary project labor agreements on federal construction contracts of $35 million or more.

ABC Submits Comments Opposing Revision to LM-10 Employer Report Form

On Oct. 13, ABC submitted a comment letter the U.S Department of Labor’s Office of Management and Labor Standards regarding its proposed revisions to the LM-10 Employer Report form. Employers must file this form with the OLMS to disclose certain payments, expenditures, agreements and arrangements, including the hiring of outside labor relations consultants to help inform their employees regarding union organizing or collective bargaining, known as “persuader activities.”

ABC Urges White House to Address Shortage of Transformers and Other Electrical Components

On Oct. 17, ABC joined Associated General Contractors of America, the Independent Electrical Contractors and the National Association of Home Builders in sending a letter to President Biden to express serious concerns about severe shortages in the supply of transformers and other electrical components.

NLRB Extends Comment Period to December for Joint Employer Proposal

In a press release issued on Oct. 14, the National Labor Relations Board announced it is extending the comment deadline on the joint employer proposed rule from Nov. 7 to Dec. 7 in order to allow sufficient time for parties to file initial comments.

FEA Spends Over $1 Million in 12 States Before November Elections

The Free Enterprise Alliance, ABC’s issue advocacy arm, has already spent upward of a million dollars in 12 states to educate elected officials and the public about the importance of fair and open competition, with plans to more than double that amount ahead of November midterm elections. The advocacy campaigns, which include digital ads on multiple platforms, mailers and text messages, focus on key legislative issues: the ABC-opposed Inflation Reduction Act and the Protecting the Right to Organize Act.

ABC Members Among BD+C’s Top Contractors in Health Care, Multifamily Construction

ABC members are in the top rankings of the nation’s largest health care and apartment/condominium contractors for 2022, according to Building Design + Construction’s 2022 Giants 400 Report.

Construction Coalition Opposes Biden’s Pro-PLA Proposal

An ABC-led coalition of almost 20 organizations and associations representing thousands of companies employing millions of workers in the construction industry submitted a comment letter in opposition to the Federal Acquisition Regulatory Council’s Aug. 19 proposed rule implementing President Biden’s Feb. 4 Executive Order 14063.

Update on NLRB Joint Employer Proposal: SBA Virtual Roundtable and Grassroots Toolkit

On Oct. 6, the U.S. Small Business Administration’s Office of Advocacy announced that it is hosting a virtual roundtable to gather input from small businesses on the National Labor Relations Board’s joint employer proposed rule on Thursday, Oct. 20, from 1-2:30 p.m. ET. ABC plans to participate in the roundtable. ABC members interested in attending are encouraged to RSVP to [email protected] to receive participation details.

Take Action: Oppose Biden’s Costly, Anti-Small Business PLA Mandate Proposal by Oct. 18

ABC has updated an action alert to help members tell the Federal Acquisition Regulatory Council to withdraw a controversial proposed rule opposed by ABC that would require project labor agreements on federal construction contracts of $35 million or more.

Hurricane Ian Recovery: How to Help

Earlier this month, the state of Florida was hit with the Category 4 Hurricane Ian, one of the strongest systems in U.S. history. Damages are expected to range from $60 to $70 billion.

Seven New Members Earn the AQC Credential in September

The AQC program recognizes and honors construction firms that document their commitment to excellence in key areas of corporate responsibility: quality, safety, craft and management education, talent management—including inclusion, diversity and equity— and community relations. A company that meets the criteria set forth in the program and has earned STEP Gold, Platinum or Diamond status in ABC’s safety management system is formally designated an Accredited Quality Contractor.   

ABC and Lawmakers Voice Concerns With Biden’s PLA Mandates and Labor Regulations at Congressional Hearing

On Sept. 29, the U.S. House Committee on Transportation and Infrastructure held a hearing, “Investing in our Nation’s Transportation Infrastructure and Workers: Why it Matters,” which covered the impacts of the American Rescue Plan Act of 2021, the Infrastructure Investment and Jobs Act of 2021 and the Inflation Reduction Act of 2022.  

GSA Releases Request for Information on Buy Clean Initiative

On Oct. 4, the General Services Administration released a Request for Information regarding the Biden administration’s “Buy Clean” initiative. The initiative calls for federal agencies to prioritize the use of American-made, lower-carbon construction materials in federal procurement as well as federally assisted projects.

Take Action: Help Defeat Biden’s PLA Policy Exacerbating Labor Shortages

ABC recently updated an action alert to help members tell the Federal Acquisition Regulatory Council to withdraw a controversial proposed rule opposed by ABC that would require project labor agreements on federal construction contracts of $35 million or more.

US Supreme Court Agrees to Hear Case on the Intentional Destruction of Employer Property

On Oct. 3, the U.S. Supreme Court announced it will hear the case Glacier Northwest, Inc v. International Brotherhood of Teamsters, which will determine if employers can sue unions over damage to their property.

ABC Urges NLRB to Extend Comment Period to January for Joint Employer Proposal

On Sept. 29, ABC joined the Coalition for a Democratic Workplace and several other organizations in urging the National Labor Relations Board to extend the comment period for the joint employer proposed rulemaking.

ABC Supports START Act to Streamline Permitting on Energy Projects

On Sept. 28, after failing to secure the support of at least 59 of his Senate colleagues, Sen. Joe Manchin, D-W.Va., requested that his efforts to attach language on federal permitting reform for energy projects be removed from the must-pass continuing resolution, ensuring smooth passage of a government funding bill ahead of the Sept. 30 deadline.

Federal Contractors: Voice Your Opposition FAR’s Proposed PLA Rule at SBA’s Virtual Roundtable on Sept. 29

The Small Business Administration’s Office of Advocacy will host a roundtable to discuss the Federal Acquisition Regulatory Council’s proposed rule that would require federal contractors and their subcontractors to enter into project labor agreements for federal construction projects of $35 million or more. The virtual roundtable will take place on Thursday, Sept. 29, 2022, from 1-2 p.m. ET. ABC encourages all federal contractors and subcontractors to participate to make their voices heard on this critical issue.

Survey: 97% of ABC Contractors Say Biden’s Government-Mandated Project Labor Agreement Policies Would Make Federal Construction More Expensive

According to a September 2022 survey of ABC contractor members published today, 98% oppose President Biden’s proposed rule mandating project labor agreements on federal construction projects of $35 million or more. PLA schemes needlessly increase costs and exacerbate the construction industry’s skilled labor shortage because they exclude almost nine out of 10 workers from participating in these contracts.

Take Action: Tell the Biden Administration to Scrap Its Costly Pro-PLA Scheme by Oct. 18

ABC recently released a new action alert to help members tell the Federal Acquisition Regulatory Council to withdraw a controversial proposed rule opposed by ABC that would require project labor agreements on federal construction contracts of $35 million or more.

Survey on President Biden’s PLA Mandate Policy Closes Sept. 23

An important survey of ABC contractor members seeking to gauge opinions and experiences with government-mandated project labor agreements closes this week. It is vital that as many ABC members as possible respond to the survey before the deadline. Member feedback will provide essential support for ABC’s comments opposing the Biden administration’s harmful proposed rule that requires PLAs on all federal contracts of $35 million or more.

Nine of BD+C's Top 10 Hospitality Contractors Are ABC Members

Nine of 10 Build Design + Construction’s recently published list of the 90 best hospitality sector contractors and construction management firms are ABC members. These successful contractors were ranked based on 2021 revenue.

NCC Wins 2022 Spirit of ECC Award

ABC’s National Craft Championships won the Spirit of EEC Award during the Engineering and Construction Contracting Association’s Perspectives Conference on Sept. 8 in San Antonio. ABC national chair-elect Milton Graugnard; NCC Chair Bill Lastinger; retired NCC Committee member Mike Stilley; Brandon Mabile, 2020 Young Professional of the Year and businesses development manager at Performance Contractors; and NCC director Jarrell Jackson accepted the award at the conference.  

OSHA Updates Severe Violator Enforcement Program

On Sept. 15, the U.S. Department of Labor’s Occupational Safety and Health Administration announced it had expanded its Severe Violator Enforcement Program to include all hazards and OSHA standards and focus on repeat offenders in all industries.

OFCCP Extends Deadline to Oct. 19 for Contractors to Object to the Disclosure of EEO-1 Reports

On Sept. 15, the Office of Federal Contract Compliance Programs announced that it was extending the deadline for federal contractors to submit written objections to the disclosure of EEO-1 reports from Sept. 19 to Oct. 19. On Aug. 19, the OFCCP published a notice in the Federal Register to inform federal contractors of a Freedom of Information Act request that seeks all Type 2 Consolidated EEO-1 report demographic data (or “Component 1” EEO-1 reports) submitted by federal contractors and first-tier subcontractors from 2016 to 2020. According to the OFCCP, Will Evans from the Center for Investigative Reporting submitted the FOIA request. 

California Targets Workplace Cannabis Testing

On Sept. 19, California Gov. Gavin Newsom signed Assembly Bill 2188 into law, enacting restrictions effective Jan. 1, 2024, on employers’ use of cannabis metabolite testing to penalize existing employees and candidates for employment. AB 2188 lends definition to an emerging nationwide landscape of adjustments in state employment regulation to increasingly permissive medical and recreational cannabis laws.

Take the Survey: ABC Extends Deadline for Survey on President Biden’s PLA Mandate Policy to Sept. 23

ABC has extended the deadline of an important survey of contractor members that seeks to gauge their opinions and experiences with government-mandated project labor agreements. The deadline has been extended due to the need for as many members as possible to respond to the survey. This feedback will be critical to providing effective, informed comments opposing the Biden administration’s harmful proposed rule that requires PLAs on all federal contracts of $35 million or more.

The Federal Acquisition Regulations Council’s proposed rule aligns with President Biden’s Executive Order 14063. Comments on the proposed rule must be received by Oct. 18.

ABC distributed the survey on Sept. 7. Please email Michael Altman at [email protected] to receive the survey link or if you have any questions. The survey will close at 5 p.m. ET on Sept. 23.

DOC Releases CHIPS Act Implementation Strategy Including Davis-Bacon Construction Wage Requirements

The law will be implemented through a new Chips for America program established at the DOC, with funding documents to be released by February 2023. The plan includes significant funding for the construction and expansion of manufacturing facilities dedicated to the production, testing and assembly of semiconductors. The plan notes that Davis-Bacon prevailing wage requirements will apply to all CHIPS-funded construction projects. ABC opposed the inclusion of prevailing wage requirements in semiconductor legislation through letters, action alerts and advocacy to Congress, and will continue to oppose the expansion of unnecessarily costly and burdensome Davis-Bacon requirements.

All of BDC's Top 10 School Contractors Are ABC Members

The top ten in Building Design & Construction’s recently published list of the 100 best K-12 school contractors and construction management firms are all ABC members. These successful contractors were ranked based on 2021 revenue. 

Comments on New NLRB Joint Employer Rule Are Due by Nov. 7

On Sept. 6, the NLRB announced a new joint employer proposed rule, which would rescind and replace the ABC-supported 2020 final rule on Joint Employer Status Under the National Labor Relations Act. ABC plans to submit comments opposing the new proposal, and members are encouraged to do so as well. The deadline for the public to comment is Nov. 7.

Take the Survey: ABC Needs Your Input on President Biden’s PLA Mandate by Sept. 16

ABC is conducting an important survey of contractor members to gauge opinions and experiences with government-mandated project labor agreements. Ensuring as many members as possible respond to this survey will be vital to providing effective, informed comments opposing a harmful proposed rule that requires PLAs on all federal contracts over $35 million.

DOT Issues Proposed Buy America Waiver for Electric Vehicle Charging Stations

On Aug. 31, the Department of Transportation’s Federal Highway Administration released a proposed waiver of Buy America requirements for the construction of electric vehicle chargers receiving federal assistance.