Human Resource & Labor News
www.agc.orgSept. 26, 2013 | Issue No. 5-13
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On the Inside
Government Contracting
AGC to Hold Webinar on OFCCPís New Veteran & Disabilities Rules Nov. 7
OFCCPís New Affirmative Action Rules Effective March 24, 2014
Appeals Court Reinstitutes Michigan Law Banning Government-Mandated PLAs
AGC Requests Further Clarification of Guidance on Application of Davis-Bacon to Survey Crews
Labor Relations
Union Rights to Access Jobsites Addressed in AGCís First Open Shop Web Meeting
Collective Bargaining So Far This Year Yields Average First-Year Increase of 2.2 Percent
Union Contractorsí Next Conference Call Will Take Place Oct. 28 and Feature Info on Health Care Reform
NLRB Returns to Full Slate of Confirmed Members
Employee Benefits
October 1 Date for Affordable Care Act Notice Looms Despite Employer Mandate Delay
Labor Department Issues Guidance on Same-Sex Marriages and Employee Benefit Plans
E-Verify Issues New Further Action Notice
HR Education
Why Should You Attend AGCís 2013 Construction HR and Training Professionals Conference?
AGC Requests Further Clarification of Guidance on Application of Davis-Bacon to Survey Crews

Amidst confusion among contractors and other parties, AGC has formally requested that the U.S. Department of Labor’s Wage and Hour Division (WHD) further clarify the application of the Davis-Bacon Act to Survey Crews.  The request is in response to WHD’s March 2013 issuance of All-Agency Memorandum 212 (AAM 212).  The guidance states that “survey crew members who perform primarily physical and/or manual work immediately prior to or during actual construction, and in direct support of construction crews, will be considered laborers or mechanics when employed on the site of work.”

AGC's letter explains that while the organization as a whole does not interpret AAM 212 as imposing new requirements on construction contractors, some contractors and other impacted organizations do.  As a result, AGC requests that WHD withdraw AAM 212 and work with the contractor community to develop a revised version.  The letter also advised WHD that the revised version should clarify that there is no presumption of coverage of survey crews as well as clarify any new information that contractors will be expected to collect, maintain and provide in the event of an audit.

For a summary of AAM 212, click here.  For additional resources on the Davis-Bacon Act, visit AGC Labor & HR Topical Resources webpage. The primary category is “Compensation” and the secondary category is “Davis-Bacon Act.”
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