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The agenda is coming together and registration is open for the 2021 Construction HR and Training Professionals Conference to be held October 14-15, 2021, in St. Louis, Missouri.
Free to AGC Members With the Delta-variant-fueled surge of COVID-19 cases leading to new CDC masking guidance, statewide mandates, uncertain federal contractor requirements, potential private owner mandates, and the specter of further restrictions, you may have a renewed interest in seeing the vaccination rate at your worksite climb. But what can you do, legally and practically, to help move that rate higher?
AGC of America recently provided comments on the Pension Benefit Guaranty Corporation鈥檚 (PBGC) interim final rule implementing the American Rescue Plan Act鈥檚 (ARPA) special financial assistance program. The special financial assistance program is designed to help financially troubled multiemployer pension plans avoid insolvency for the next 30 years.
In a July 21 decision, the National Labor Relations Board (NLRB or Board) in Lippert Components, Inc., found that a union did not violate the National Labor Relations Act (NLRA) by displaying a 12-foot inflatable rat (known as Scabby the Rat) and two large banners, one targeting a neutral employer, near the public entrance to a trade show.
On July 27, the Office of Management and Budget and the Department of Defense announced the implementation of mask mandates for all federal workers, contractors, and visitors to federal facilities in areas with substantial or high community transmission of COVID-19 infections. Federal employees and 鈥渙nsite contractors鈥 will be required to 鈥渁ttest鈥 to vaccination or be required to wear a mask. However, federal contractors nor agencies have received any implementation guidance which has resulted in confusion. Fundamental questions remain unanswered, including what the scope of the mandate is, who will bear the cost of testing, and if contractors working at multiple offices or for multiple agencies will be required to attest at each site. AGC received notice that it could be as long as two weeks before guidance is issued. The association will update the membership as soon as such guidance is released.

Due in part to AGC鈥檚 advocacy and others, a House fiscal year 2022 funding bill for the U.S. Department of Labor will not include a provision banning the construction industry from utilizing the H-2B seasonal guest worker visa program. The program provides temporary and seasonal workers when domestic workers are unavailable via a lottery process to a wide range of industries, including construction. Given the widespread worker shortages impacting the construction industry, AGC was very concerned of attempts to target and limit the industry鈥檚 ability to access the program. AGC will continue to advocate for immigration reforms that helps address construction workforce shortages.

The U.S. Department of Labor announced a final rule to rescind a Trump administration rule, 鈥淛oint Employer Status under the Fair Labor Standards Act鈥 that took effect in March 2020. The rescinded rule included a description of joint employment the Biden administration believes is contrary to statutory language and Congressional intent. The U.S. District Court for the Southern District of New York vacated most of the rule in 2020.

According to the latest Contractor Compensation Quarterly (CCQ) published by PAS, Inc., contractors are projecting 2021 construction staff wages to increase an average of 3.23%, as reported by over 300 companies in the 38th edition of the Construction / Construction Management Staff Salary Survey. For pay increase comparison, according to the WorldatWork, across all industries exempt professionals saw 2020 actual increases of 2.9% and they are projecting 2021 increases of 2.9%. For construction WorldatWork reported a 3.4% increase in 2020 and are projecting 3.3% for 2021.

AGC鈥檚 National Construction Industry Workforce Summit to Take Place on Oct. 13 Registration is now open for the 2021 Construction HR and Training Professionals Conference to be held October 14-15, 2021, in St. Louis, Missouri.
U.S. Immigration and Customs Enforcement (ICE) recently announced an extension of the flexibilities in rules related to Form I-9 compliance that was initially granted last year. Due to the continued precautions related to COVID-19, the Department of Homeland Security (DHS) will extend this policy until Aug. 31, 2021.