On Sept. 2, the General Services Administration issued a 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.
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Associated Builders and Contractors responded to the Biden Administration’s launch of the Apprenticeship Ambassador Initiative, saying that while raising awareness about apprenticeship is commendable, the promotion of only government-registered apprenticeships is not.
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On Aug. 19, the Office of Federal Contract Compliance Programs 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. Contractors have until Sept. 19 to submit written objections to the disclosure of their EEO-1 reports.
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On Aug. 26, the U.S. Court of Appeals for the 11th Circuit issued its long-awaited decision on the federal contractor COVID-19 vaccine mandate case. In a major victory for ABC and its members, the 11th Circuit’s decision narrowed the December 2021 nationwide preliminary injunction granted by the Georgia District Court to only ABC members who bid on federal contracts and the state plaintiffs in the case. The 2021 injunction was a direct result of ABC intervening as the lone business group challenging the federal contractor vaccine mandate, along with the seven plaintiff state governments.
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ACE Mentor Program of America is offering a chance to do just that with their Trades Day events. Trades Day is meant to excite and introduce students to a variety of construction and building trades by giving them access to real-life, hands-on, interactive trade stations. The purpose of Trades Day is to introduce students to trades to expose them to the entire industry, not just a part of it.
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The Office of Federal Contract Compliance Programs recently announced the launch of a new online platform aimed at modernizing how the agency receives notices about construction contract and subcontract awards. The Notification of Construction Contract Award Portal will launch Aug. 26.
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ABC condemned an Aug. 19 proposed rule, Federal Acquisition Regulation: Use of Project Labor Agreements for Federal Construction Projects, which requires federal construction contracts of $35 million or more to be subjected to controversial project labor agreements, saying it will result in the award of construction contracts to powerful special interests at the expense of hard-working taxpayers and limit fair and open competition in government contracting.
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On Aug. 22, ABC submitted comments to the U.S. Department of Transportation in opposition to union labor requirements included in a proposed rule establishing the National Electric Vehicle Infrastructure Formula Program.
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On Aug. 15, ABC submitted comments to the U.S. Department of Labor identifying a number of concerns with its proposed rule on Nondisplacement of Qualified Workers Under Service Contracts, which would implement Executive Order 14055. Issued on Nov. 18, 2021, by President Biden, the EO requires that federal agencies include a clause about nondisplacement of workers in solicitations and contracts for projects covered by the McNamara-O’Hara Service Contract Act of 1965. The required clause states that successor contractors and subcontractors who win a bid for covered work must offer qualified employees employed under the predecessor contract a right of first refusal of employment under the successor contract.
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Through its Build Your Future initiative, NCCER is expanding its career exploration tool, CareerStarter, to provide direct connections between entry-level job seekers, local training programs and employers.
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The comment deadline for the Federal Highway Administration’s June 22 proposed rule for the National Electrical Vehicle Infrastructure Formula Program is Aug. 22. The proposed rule would require contractors to use government-registered apprentices and the controversial union-backed Electric Vehicle Industry Training Program.
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On Aug. 15, ABC submitted comments to the U.S. Environmental Protection Agency in support of its proposed Small Projects and De Minimis General Applicability Waivers for Buy America requirements.
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On Aug. 15, ABC submitted comments on the U.S. Department of Labor Wage and Hour Division’s notice of a proposed revision to the Information Collection Request, titled “Report of Construction Contractor’s Wage Rates.” This ICR governs the WD-10 form used in wage surveys to determine the prevailing wage rate under Davis-Bacon and Related Acts requirements.
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The controversial, $740 billion partisan budget reconciliation package, the Inflation Reduction Act of 2022, was signed into law by President Biden August 16 with new prevailing wage and registered apprenticeship mandates on private clean energy construction.
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Tuesday, August 9, 2022 9:12 AM |
ABC News
Democrats passed their $740 billion reconciliation package, the Inflation Reduction Act, on Sunday, Aug. 8, by a 51-50 vote with Vice President Kamala Harris casting the deciding, tie-breaking vote. The bill is now set to pass the House later this week and be signed into law by the president, giving Democrats a key victory and Republicans critical fodder for attack ads as they head into the midterm elections.
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On Aug. 2, ABC issued a statement of support for S.J.Res.55, a Congressional Review Act resolution introduced by Sen. Dan Sullivan, R-Alaska, to overturn the Biden administration’s final rule revising National Environmental Policy Act regulations. The new Biden rule reverses efforts by the Trump administration to update and streamline the federal environmental review and permitting process, leading to delays and increased costs for critical infrastructure projects.
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On July 21, the U.S. Department of Transportation published a proposed rule to update its Disadvantaged Business Enterprise program, which assists small businesses owned by socially and economically disadvantaged individuals in competing for DOT contracts. The stated purpose of the proposed rule is to modernize and strengthen the DBE program to ensure qualifying businesses are able to compete for the increased federal transportation funding provided by the Infrastructure Investment and Jobs Act.
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On July 28 , the U.S. Department of Transportation published a request for information on how new “Buy America” requirements for construction materials on federally assisted projects should be implemented. Enacted in November 2021, the $1.2 trillion Infrastructure Investment and Jobs Act expanded and made significant changes to Buy America requirements for federally funded infrastructure projects.
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The U.S. Department of Labor’s Wage and Hour Division’s proposed rule on independent contractors under the Fair Labor Standards Act is currently under review at the Office of Information and Regulatory Affairs at the Office of Management and Budget and the content of the proposal has not been made public. The review at OIRA is usually the final step in the process before a rule is officially published in the Federal Register.
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ABC opposes Democrats’ partisan reconciliation package, which would raise taxes in an economy pointed toward recession, exacerbate inflation and cost American jobs. New, restrictive labor policies included in the most recent proposal make the package even more damaging.
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Wednesday, July 27, 2022 11:46 AM |
ABC News
ABC is gearing up for Careers in Construction Month in October, a nationwide campaign held annually to increase public awareness of construction careers and inspire the next generation of craft professionals.
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The Biden administration’s controversial rule requiring anti-competitive and costly government-mandated project labor agreements on federal construction projects of $35 million or more is one step closer to being published in the Federal Register for public comments.
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The Occupational Safety and Health Administration recently issued an updated suicide prevention poster that you can customize with your logo and post in the workplace. Everyone can help prevent suicide. Do your part to raise awareness of the warning signs of suicide and how to get help if a colleague is in crisis.
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There’s a brand-new 988 Suicide & Crisis Lifeline for anyone experiencing a mental health crisis. The 988 lifeline connects callers to an existing network of more than 200 local crisis call centers across the United States, and the National Suicide Prevention Lifeline’s number—1 (800) 273-8255—will route calls to 988. The goal is to aid those seeking help through safe, immediate intervention, similar to the 911 hotline for emergencies.
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ABC has added Greater Houston Chapter member Bill Brown of Austin Commercial to the Beam Club Presidential Level.
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In a letter to U.S. House Representatives, ABC urged members to support an amendment to the House appropriations bill (H.R. 8294) that would prevent the use of federal funds to support flawed, inflationary Davis-Bacon prevailing wage requirements. The amendment failed by a vote of 165-264.
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On July 18, ABC submitted comments on the U.S. Department of Labor and U.S. Department of Homeland Security’s temporary rule on H-2B visas, authorizing 35,000 supplemental temporary work visas for hiring through Sept. 30.
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According to a recent press release from the U.S. Department of Labor’s Occupational Safety and Health Administration, 22 workers have died in the first half of 2022 as a result of the hazards present in trenching and excavation work, prompting OSHA to launch enhanced enforcement initiatives to protect workers. In keeping with its National Emphasis Program for excavations, OSHA compliance officers will perform more than 1,000 trench inspections nationwide where they may visit and inspect any excavation site during their daily duties.
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On July 13, the U.S. Department of Labor’s Occupational Safety and Health Administration issued its quarterly update on compliance assistance resources.
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On July 12, the ABC-led Coalition for a Democratic Workplace issued a new report criticizing unions’ newest efforts to implement electronic voting in union representation elections.
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The U.S. Department of Labor announced on July 12 the selection of the initial cohort of 207 officials and organizations chosen to serve as Apprenticeship Ambassadors to share their experiences and collaborate with the department to champion apprenticeship opportunities. ABC’s Virginia, New Mexico and Pacific Northwest chapters were among those selected.
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ABC recently launched the updated ABC Action app, an advanced advocacy tool that enables members to become a vital part of ABC's grassroots advocacy efforts and allows you to make your voice heard.
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ABC sent an action alert on to members July 11 urging them to oppose to Democrats’ proposal to impose a new tax hike on small businesses in their partisan reconciliation bill.
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ABC chapters across the country recently hosted events to educate members on the value of construction technology both on and off the jobsite. ABC’s Tech Alliance and Tech Marketplace members were featured speakers at these events.
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On June 30, ABC submitted comments on the U.S. Department of Labor’s Occupational Safety and Health Administration’s proposed amendments to its occupational injury and illness recordkeeping regulation and urged the agency to withdraw the harmful rule.
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On June 21, the Biden administration released its Spring 2022 Unified Agenda of Regulatory and Deregulatory Actions. The agenda lists upcoming rulemakings and other regulatory actions from each agency that the administration expects to publish this year and into 2023. ABC has prepared a summary of the actions of interest to ABC members by agency.
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On June 15, the U.S. Department of Labor’s Wage and Hour Division published a notice of a proposed revision to the Information Collection Request titled, “Report of Construction Contractor’s Wage Rates.” This ICR governs the WD-10 form used in wage surveys to determine the prevailing wage rate under Davis-Bacon and Related Acts requirements. The WHD’s stated goal of the revision is to streamline the wage survey process and increase response rates.
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Tuesday, June 28, 2022 4:46 PM |
ABC News
The U.S. Department of Labor’s Wage and Hour Division will host sessions for its third annual virtual Prevailing Wage Seminar on Tuesday, September 13, from 1:30-3:30 p.m. ET, which will include a question-and-answer session focused on Davis-Bacon topics. Registration for the sessions is now open on the WHD’s website.
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On June 16, House Committee on Oversight and Reform Ranking Member James Comer, Ky., and 12 other House Republicans sent a letter to the Office of Management and Budget raising concerns about the implementation of President Biden’s Executive Order 14063, “Use of Project Labor Agreements for Federal Construction Projects,” highlighting concerns that the proposal will raise taxpayer costs, cut nonunion workers out of federal projects and force right-to-work states to freeze local workers out of cooperative federal projects. The executive order mandates PLAs on federal construction projects of $35 million or more.
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On June 16, the ABC-led Coalition for a Democratic Workplace and several other employer organizations filed an amicus brief with the U.S. Supreme Court requesting review of the Washington Supreme Court’s recent decision in Glacier Northwest, which 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.
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More than 500 ABC members and chapter staff are in Washington, D.C., for ABC’s 2022 Legislative Week, meeting with leaders on Capitol Hill to advocate for fair and open competition and fight the Protecting the Right to Organize Act, project labor agreement mandates and burdensome regulations. Highlights of the fly-in included keynotes from Rep. Steve Scalise, R- La., House minority whip, and Sen. Todd Young, R-Ind., who spoke in favor of free markets and condemned the Biden administration’s regulatory overreach and the PRO Act.
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The Biden administration has pledged to support the installation of 500,000 electric vehicle chargers across the country by 2030 as part of a domestic push to shift away from gas-powered vehicles. On June 9, the Federal Highway Administration announced a proposed rule for the National Electric Vehicle Infrastructure Formula Program that requires contractors to use government-registered apprentices and the controversial union-backed Electric Vehicle Industry Training Program.
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On June 6, ABC responded to the Office of Management and Budget’s request for information on new “Buy America” requirements for construction materials on federally assisted projects. Enacted in November 2021, the $1.2 trillion Infrastructure Investment and Jobs Act expanded and made significant changes to Buy America requirements for federally funded infrastructure projects.
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Wednesday, June 8, 2022 10:28 AM |
ABC News
ABC recently sent an action alert to ABC members to urge their members of Congress to include the Employee Retention Tax Credit Act bill in the federal spending package. ERTCRA would restore the Employee Retention Tax Credit through the end of the 2021.
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On June 3, the U.S. Department of Labor stated that it plans to engage in rulemaking on determining employee or independent contractor status under the Fair Labor Standards Act.
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Of the nation’s top 25 construction companies, 19 are ABC members, according to Engineering News-Record’s recently published annual list of the Top 400 Contractors. These successful contractors were ranked based on 2021 revenue.
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Tuesday, May 24, 2022 11:54 AM |
ABC News
The departments of Homeland Security and Labor recently released a new H-2B visa rule authorizing 35,000 supplemental temporary work visas for hiring through Sept. 30. As of May 18, employers can begin petitioning for the visas. The supplemental allocation includes 23,500 visas for returning workers who received an H-2B visa in the previous three fiscal years. Another 11,500 are designated for nationals of El Salvador, Guatemala, Honduras and Haiti, to address irregular migration from those countries.
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On May 11, ABC, as a steering committee member of the Partnership to Protect Workplace Opportunity, as well as 92 other organizations, sent a letter to Secretary of Labor Marty Walsh urging him to abandon or at least postpone issuing the U.S. Department of Labor’s announced proposed rulemaking altering overtime regulations under the Fair Labor Standards Act. Read PPWO’s press release on the letter.
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On May 17, ABC, as a steering committee member of the Construction Industry Safety Coalition, submitted comments to the U.S. Department of Labor’s Occupational Safety and Health Administration voicing compliance and cost concerns on the proposed rule on Powered Industrial Trucks Design Standard Update. While CISC members are not manufacturers of powered industrial trucks, certain types of PITs are frequently used on construction worksites and, thus, CISC members are interested in this proposal.
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ABC highlighted its achievements in recruiting diverse audiences to careers in construction nationwide and outlined goals championing inclusion, diversity and equity in a letter to the U.S. Equal Employment Opportunity Commission for a May 17 hearing on race, sex and national origin discrimination in construction.
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