On August 22, the U.S. Department of Labor (DOL) officially filed a notice of their intent to appeal the recent motion for a nationwide preliminary injunction blocking the provisions being challenged by Ҵýapp to the DOL’s expansion of Davis Bacon coverage. Pending any further action in court, the nationwide injunction remains in place. Ҵýapp originally filed a narrowly tailored lawsuit in federal court against the U.S. Department of Labor, challenging the agency’s unlawful expansion of Davis Bacon coverage to:
Ҵýapp’s volunteers are valued members who work to address industry issues, exchange ideas, and lead change to advance the industry. You and your colleagues are invited to take the next step in your Ҵýapp journey and join the volunteer pool. Many opportunities are available to get engaged and make a difference. Several committees are looking for committed volunteers, but there are also many short-term opportunities available. Complete or update the volunteer tab in your member profile by October 1st to let us know what you are interested in. This is a great way to advance Ҵýapp, contribute to the construction industry, and support the personal growth of you and your team. If you’re interested but short on time, please share this opportunity with colleagues who may want to get more involved. Visit www.agc.org/volunteer for details on volunteer roles and responsibilities.
We're excited to announce that the agenda for Construction HR & Workforce 2024 is now live! Get ready to explore a dynamic lineup of sessions designed to equip you with the latest insights, strategies, and tools to drive success in your organization.
The Rule Also Rescinds Other Representation-Case Protections
A Texas federal judge has struck down the Federal Trade Commission’s (FTC) recent rule banning post-separation non-compete agreements nationwide. The ban was originally slated to go into effect on September 4th, but employers can now continue to maintain non-competes as their state laws allow.
On August 2, 2024, Ҵýapp of America filed an amicus brief in a case concerning the scope of the "building and construction industry" exemption from multiemployer pension fund withdrawal liability under the Employee Retirement Income Security Act of 1974 (ERISA). The case, Walker Specialty Construction, Inc. v. Construction Industry & Laborers Joint Pension Trust for Southern Nevada et al. is pending in the U.S. Court of Appeals for the Ninth Circuit. The brief supports Walker Specialty Construction’s (Walker) argument that demolition and abatement work fall within the exemption.
With the addition of two new federal bid protests, Ҵýapp is aware that four Ҵýapp-member construction firms have now filed federal bid protests objecting to project solicitations that require a project labor agreement (PLA). All four protests have led the government to voluntarily suspend the contract awards for the procurements while the protests are still pending. As reported recently in this article, the protests utilize a legal theory that Ҵýapp helped create with outside counsel at Fox Rothschild. All four protests are pending before the U.S. Court of Federal Claims.
In a new “Why Should YOU Adopt Lean” educational material series, members of the Ҵýapp Lean Construction Committee integrate impactful research with approachable “get started” guide to help more contractors adopt Lean Construction Methodology in the field.
The U.S. Court of Appeals for the Fifth Circuit on July 19, 2024, granted the National Labor Relations Board’s (“NLRB” or “Board”) motion to voluntarily dismiss its appeal of a district court’s order to vacate the Board’s 2023 “joint employer rule.” The vacatur was a major victory for Ҵýapp and its co-plaintiffs that initiated the lawsuit challenging the Board’s regulatory effort to broaden the standard for determining when an employer may be deemed a joint employer of another company’s employees.
In its latest Settlements Report, the Ҵýapp-supported Construction Labor Research Council (CLRC) advises that construction-industry collective bargaining agreements settled from January through June of 2024 provide an average increase in wages, fringe benefits and other employer payments for union craft workers in the construction industry of 4.6 percent.