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On February 20, �鶹��ý and the American Road & Transportation Builders Association (ARTBA) jointly filed amicus briefs in support of the 22 states challenging the Federal Highway Administration’s (FHWA) greenhouse gas performance (GHG) measure rule. �鶹��ý has long held that the Biden administration lacks the statutory authority to issue this rule, as Congress repeatedly debated and rejected the effort.

On January 30, the Federal Acquisition Regulation (FAR) Council proposed a rule that would require significant changes to pay transparency and applicant hiring to federal prime contractors and its subcontractors. Among the new requirements, the proposed rule would require federal prime contractors and subcontractors to disclose the compensation to be offered to the hired applicant in job announcements for certain positions. The proposed rule broadly defines this as, “all advertisements for job openings involving work on or in connection with a government contract placed by or on behalf of the contractor or subcontractor, the compensation to be offered to the hired applicant, for any position to perform work on or in connection with the contract.” It would also prohibit contractors and subcontractors from seeking and considering information about job applicants' compensation history when making employment decisions for certain positions. The FAR Council is accepting comments until April 1, 2024.

�鶹��ý of America’s 2024 Annual Convention is right around the corner, March 19-22, 2024, in San Diego, CA. Among the many valuable sessions and networking opportunities are some impactful sessions of particular interest to Human Resource & Labor News subscribers.

�鶹��ý is thrilled to announce an exciting new discount program for association members! The HOUND® CANNABIS BREATHALYZER is the first breath test to isolate workday cannabis use and is now available to �鶹��ý members at a discounted price. In an industry where split-second decisions and precise coordination are essential, cannabis testing is vital to helping �鶹��ý members build and maintain safe workplaces.

On Feb. 9, �鶹��ý of America and other business groups coordinated by the Coalition for a Democratic Workplace jointly filed an amicus brief urging the U.S. Court of Appeals for the Ninth Circuit to set aside a significant National Labor Relations Board (“NLRB” or “Board”) decision that makes it easier for unions to gain recognition without a secret-ballot election beyond 8(f) recognition in construction.

As part of our ongoing efforts to improve the way we communicate with members and �鶹��ý chapters, we ask that you please take a few minutes to complete the following �鶹��ý of America communications survey by Friday, March 1. The information you provide will help us as we prepare future editions of �鶹��ý’s Constructor Magazine, continue to enhance our e-mail newsletters and produce future episodes of �鶹��ý’s ConstructorCast podcast. The information will also help us improve our social media communications and development of future informational videos.

This story was originally published by �鶹��ý of California.

On Feb. 12, �鶹��ý of America filed a coalition amicus brief with the U.S. Supreme Court, supporting a water utility sector’s request for the Court to clarify whether the Clean Water Act allows the U.S. Environmental Protection Agency (EPA) or authorized states to enforce generic prohibitions in National Pollutant Discharge Elimination System (NPDES) permits. These generic prohibitions subject permitholders to enforcement for exceeding water quality standards without telling permittees how to comply with the permit.

ConsensusDocs is about to publish an updated standard ConsensusDocs 235 Owner/Constructor Standard Agreement. The ConsensusDocs 235 provides a short form standard prime contract. Construction work payment is based upon cost-of-the-work plus a fee. This type of “cost/plus” contract increased in popularity amid the post-pandemic breakout price uncertainty that led to price escalation and supply chain disruptions that were highlighted in this article. The ConsensusDocs 235 cost/plus agreement does not include a guaranteed maximum price (GMP) (as compared to the ConsensusDocs 230). The ConsensusDocs 235 is a great choice for projects that want greater collaboration and transparency by avoiding the potential hard edge of a GMP.