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On May 1, 2023, the National Labor Relations Board (“NLRB”) issued its decision in Lion Elastomers and United Steelworkers, making it more difficult for employers to discipline employees for outbursts and similar misconduct while employees are engaged in protected concerted activity under Section 7 of the National Labor Relations Act (the “Act”).

AGC of America released the fourth video in its series of mental health videos recently for member firms to share with all employees. The video features Shayne Dinkle, a Seattle-area safety manager for iron workers, who lost a son to suicide. The pain and anger from that incident brought him close to taking his own life. But the support and compassion he received from his co-workers helped him overcome. The message from the video is clear, it is okay to share your pain, ask for help and offer it to co-workers who are suffering. The video is part of a broader AGC effort to help overcome a construction industry mental health crisis that has resulted in the industry having a suicide rate that is four-times the national average. In addition to the video, AGC has collected a host of resources for member firms and chapters to use as they address the industry’s mental health challenges. You can find those resources here.

The initiative leverages the U.S. Department of Labor’s expertise, programs, policies, partnerships, and authority to advance mental health and wellness in the workforce.

AGC of America joined three other employer associations in filing an amicus brief at the U.S. Supreme Court on April 24, 2023, in a case addressing what language is needed in a notice to terminate a collective bargaining agreement (CBA) to satisfy the termination procedure in a CBA containing an “evergreen clause.”

Vehicle Allowance and Practices Survey Results Unveiled

AGC’s 2023 Construction HR & Workforce Conference will be held on November 6-8, 2022, at the Hyatt Regency Atlanta. The revamped event will feature keynotes focusing on the intersection of HR and workforce development. The program will feature a multi-track educational program that includes sessions focused on HR & training practices, while others will highlight workforce development strategies. Some sessions will cover both!

The Office of Federal Contract Compliance Programs (OFCCP), after giving federal contractors and subcontractors several opportunities to submit objections, recently published EEO-1 data for contractors that “either affirmatively agreed to, or did not object to, the release of their EEO-1 data.” For contractors that have submitted objections, OFCCP is in the process of considering those objections and will make determinations as to whether the information provided must be disclosed or may be withheld under FOIA Exemption 4. In the event that OFCCP determines that a contractor’s EEO-1 data must be disclosed, OFCCP will provide the objecting contractor with written notice of its determination and a specified disclosure date, which will be set to occur at a reasonable time after the determination notice is issued.

The U.S. Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP) recently announced the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) hiring benchmark for 2023. Effective March 31, 2023, the hiring benchmark will be 5.4 percent, slightly down from 5.5 percent in 2022. This benchmark is an annual goal for the percentage of hires who are veterans at each affirmative action plan (AAP) establishment.

Contractors Must Update Forms by July 25, 2023

The Construction Labor Research Council (CLRC) has released its annual report on Union Labor Costs in Construction. The report is useful for understanding current trends in collectively bargained compensation for union craft workers in the construction industry, providing data analyses by region and trade. It can be a valuable resource when preparing for collective bargaining negotiations, particularly when used in conjunction with CLRC’s latest Settlements Report.