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The U.S. Department of Labor (DOL) announced a proposal to Define and Delimit the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees under the Fair Labor Standards Act. �鶹��ý of America recently urged the U.S. Department of Labor’s (DOL) Wage and Hour Division to abandon or at least postpone issuance of this anticipated proposed rulemaking. The DOL last updated these regulations as recently as 2019, going into effect in 2020, which strongly suggests there is no need for urgency in issuing more changes.

U.S. Department of Labor (DOL) recently provided a private member only virtual update on the changes in their massive final rule “Updating the Davis-Bacon and Related Acts Regulations.” Specifically, Jessica Looman, Principal Deputy Administrator for the Wage and Hour Division (WHD), and additional WHD officials provided a topline review of the final rule and fielded a number of questions from attendees. A copy of the slides can be found here. While we expected more clarity from the DOL, instead they mostly directed people to the preamble of the rule for further clarification. While the WHD has provided limited resources and is offering several webinars on September 14th and 13th, no further guidance is expected before the effective date of October 23, 2023. More information and webinar links can be found here.

Program Offered at the 2023 Construction HR and Workforce Conference

�鶹��ý of America is offering a two-part webinar series on the Inflation Reduction Act (IRA). The first session, held on September 26, covered the latest developments under IRA. The second session, scheduled for October 3, will focus on complying with IRA’s prevailing wage and apprenticeship requirements in light of the new Treasury Guidance. Registration is by series, but all registrants will receive access to the recordings of the sessions, allowing those who miss a live session to watch the playback.

October 10 at 2:00 p.m. ET

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 next forum is scheduled for October 18, 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.

During a series of Small Business Advocacy Review (SBAR) Panel discussions convened by the Occupational Safety and Health Administration (OSHA), between September 7 and 19, �鶹��ý members John Morris (President, Morris Inc.), Kellie Kimball (Vice President, Holes Inc.), and Anthony E. Gonzalez (Partner, The Gonzalez Group) provided critical testimony on the potential impacts of OSHA’s proposed heat standard on small businesses in construction.

On September 18, �鶹��ý, along with industry partners on the Construction Industry Safety Coalition (CISC), submitted comments in response to the Occupational Safety and Health Administration’s (OSHA) notice of proposed rulemaking to require employers to provide employees with “proper-fitting” Personal Protective Equipment (PPE). This move would align the construction, general industry, and maritime standards related to PPE, but raises significant concerns due to the ambiguity of the proposed language and lack of clarity surrounding compliance obligations and enforcement.

Few candidates have the basic skills needed to work in high-paying construction careers, forcing short-staffed contractors to find new way to keep pace with demand and undermining efforts to build infrastructure and other projects, according to the results of the latest workforce survey conducted by the Associated General Contractors of America and Autodesk. The results highlight significant shortcomings in the nation’s approach to preparing workers for careers in construction.