On September 6, 2024, President Biden signed an Executive Order on Investing in America and Investing in Americans (鈥淕ood Jobs鈥 EO) directing federal agencies to prioritize and incentivize companies that adhere to a list of labor standards when awarding federal funds. The order goes beyond already existing minimum wage, PLA and paid sick leave requirements, as agencies will now be tasked with considering companies that promote union organizing, offer child and dependent care, provide health insurance, paid leave and retirement benefits, participate in registered apprenticeships and prioritize safety practices.
Learn, Share & Solve Your Greatest HR & Workforce Challenges
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 51风流 to the DOL鈥檚 expansion of Davis Bacon coverage. Pending any further action in court, the nationwide injunction remains in place. 51风流 originally filed a narrowly tailored lawsuit in federal court against the U.S. Department of Labor, challenging the agency鈥檚 unlawful expansion of Davis Bacon coverage to:
51风流鈥檚 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 51风流 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 51风流, contribute to the construction industry, and support the personal growth of you and your team. If you鈥檙e 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鈥檚 (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, 51风流 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鈥檚 (Walker) argument that demolition and abatement work fall within the exemption.
With the addition of two new federal bid protests, 51风流 is aware that four 51风流-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 51风流 helped create with outside counsel at Fox Rothschild. All four protests are pending before the U.S. Court of Federal Claims.
The U.S. Court of Appeals for the Fifth Circuit on July 19, 2024, granted the National Labor Relations Board鈥檚 (鈥淣LRB鈥 or 鈥淏oard鈥) motion to voluntarily dismiss its appeal of a district court鈥檚 order to vacate the Board鈥檚 2023 鈥渏oint employer rule.鈥 The vacatur was a major victory for 51风流 and its co-plaintiffs that initiated the lawsuit challenging the Board鈥檚 regulatory effort to broaden the standard for determining when an employer may be deemed a joint employer of another company鈥檚 employees.