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On Dec. 18, the Biden administration announced its government-mandated project labor agreement (PLA) final rule that requires PLAs on direct federal construction projects of $35 million or more, with limited exceptions. �鶹��ý has long prepared to and will fight this executive overreach in court.

The �鶹��ý Mental Health & Suicide Prevention Forum meets virtually on a quarterly basis to gather/share information, resources, and best practices among stakeholders in the construction industry. The first-quarter forum is scheduled for January 24, 2pm – 3pm, Eastern Time. If you would like to participate in the forum, please sign up here. You are encouraged to browse the website created to house important and lifesaving tools related to mental health and suicide prevention.

�鶹��ý of America will hold the next Union Contactors Forum quarterly meeting on December 13, 2023, at 11:00 a.m. ET. All interested �鶹��ý members and chapter staff are invited. The meeting is not open to nonmembers. The agenda will include updates from �鶹��ý staff and an open discussion of labor relations matters.

�鶹��ý recently submitted comments on the Treasury Department and Internal Revenue Service’s (IRS) notice of proposed rulemaking on how to satisfy the prevailing wage and apprenticeship requirements (PWA) for enhanced tax benefits under the Inflation Reduction Act (IRA). This was the second round of guidance and request for input. Treasury and the IRS previously provided guidance on the PWA requirements in 2022, to which �鶹��ý submitted extensive feedback.

On November 7, �鶹��ý weighed in against a U.S. Department of Labor (DOL) proposed rule to increase the threshold for coverage of overtime regulations under the Fair Labor Standards Act by nearly 70 percent, from $35,568 to $60,209, for a litany of reasons. As both the association and its coalition partners explain, the proposal would be too much for employers (especially small business construction companies) to absorb at one time and would, accordingly, threaten employees’ future.

On August 30, the Occupational Safety and Health Administration (OSHA) issued a proposal to amend its regulation authorizing which individuals can serve as representatives of employees and employers during the physical inspection of a workplace. OSHA’s proposed amendment will revise the language to authorize participation by third parties who are not employed by the employer. Historically, these individuals have provided subject matter expertise specific to the focus of the inspections, such as industrial hygienists or engineers, on behalf of OSHA or the employer. If the proposal is finalized in its current form, these individuals could potentially include worker advocacy and environmental groups, union organizers, and community activists who may seize on opportunities to advance agendas unrelated to workplace safety.

Help Us Generate a Comprehensive Outlook for 2024 by Taking the Survey Each year around this time, �鶹��ý asks you – our members – to predict what next year will be like for your business. �鶹��ý has partnered with Sage to prepare questions that focus on expectations for market performance, hiring, labor market conditions, etc. Please take a moment to complete the survey here. �鶹��ý of America will use the survey results to help make the case with elected and appointed officials in support of key member priorities. The more people who complete the survey by Thursday, December 7, the more effective the results will be in supporting our work on your behalf.

The National Labor Relations Board (“NLRB” or “Board”) has issued its long-anticipated final rule addressing the Standard for Determining Joint-Employer Status under the National Labor Relations Act (“NLRA”). The final rule rescinds the more narrowly tailored standard adopted by the last Board in a 2020 final rule and reinstitutes a broader standard similar to the one established by the prior Board in its ill-fated 2015 Browning-Ferris Industries decision. The standard is significant, as companies that are joint employers may be held jointly responsible for any unfair labor practices and collective bargaining obligations related to jointly employed workers.