Construction Legislative Week in Review
www.agc.org April 4, 2019
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On the Inside
Regulations
Obama-Era EEO-1 Report Pay Data Potentially Due Sept. 30
Workforce
Tell Congress to Support Guest Workers to Alleviate Worker Shortages
FHWA Releases Workforce Playbook Results at AGC Convention
Federal Construction
AGC Educates Congressional Staff on Federal Construction
Grassroots
Schedule a Meeting Today with your Members of Congress!
Events
Federal Contractors Conference | June 10-12, 2019 | Washington, D.C.
Regulations
Obama-Era EEO-1 Report Pay Data Potentially Due Sept. 30
Pending Court Approval; AGC Calls for More Time to Comply
 
Pending court approval, the U.S. Equal Employment Opportunity Commission (EEOC) announced on April 3 its intention to require private employers with 100 or more employees and federal contractors with 50 or more employees to submit the Obama-era pay data portion of the EEO-1 report (which requires 3,660 data fields per employer location) by September 30, 2019. However, the deadline to submit the EEO-1 report’s “traditional” race and gender data (which requires 180 data fields per employer location) remains May 31, 2019. AGC and business allies submitted an amicus brief calling on the court to provide at least 18 months for contractors to prepare their systems for the new pay data requirements. AGC will continue to consider its legal options as more unfolds. 
 
A federal court recently reinstated the Obama administration EEOC pay data reporting requirement—which was halted under the Trump administration—as part of the federally mandated filing of the EEOC’s EEO-1 report.  The reinstated pay data report will require applicable employers to report the total number of employees and total number of hours worked for 12 different pay bands (pay ranges) for 10 different EEO-1 job categories and 14 different gender and race/ethnicity groups. 
 
There may be additional challenges or delays to the implementation of this pay data reporting requirement. Nevertheless, applicable AGC members—pending court approval—should plan as though they need to report pay data by the current May 31, 2019 deadline. Many AGC member companies will need to identify how to pull this payroll and demographic information. This may require advanced planning, as many firms use separate systems to maintain demographic data versus compensation data. 
 
AGC previously opposed this pay data reporting requirement, calling upon the Trump administration and Congress to rescind it. AGC submitted comprehensive comments explaining its position to the EEOC in April and August 2016
 
For more information, contact Claiborne Guy at claiborne.guy@agc.org
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Workforce
Tell Congress to Support Guest Workers to Alleviate Worker Shortages
 
The construction industry is experiencing record economic activity with low unemployment and little expectation that the current domestic workforce can alone meet employment demand. Currently, our nation's immigration system provides the high-tech sector, agricultural businesses, and seasonal employers with options for guest workers. It does not for the construction industry.

Contact your members of Congress and tell them to support “The Workforce for an Expanding Economy Act,” which would allow contractors to hire year-round construction guest workers while protecting American jobs and reducing incentives for individuals to enter the country illegally. 
 
For more information contact James Young at youngj@agc.org or (202) 547-0133.
 
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FHWA Releases Workforce Playbook Results at AGC Convention
Industry/Government Pilots Highlighted
 
On Apr. 3, the Federal Highway Administration (FHWA) used AGC’s 100th Convention as the venue to release “A Playbook to Build Tomorrow's Highway Construction Workforce,” which highlights successful practices from around the country to identify, train and place job seekers into the construction workforce. FHWA, state departments of transportation and local departments of labor funded workforce development boards with AGC chapters for the past two years in twelve pilots on a highway construction worker development program. The idea grew out of discussions at the AASHTO-AGC-ARTBA Joint Committee. The pilots focused on efforts that are currently underway in the local areas and identified what has worked and what has not. A panel that included Arizona AGC, Colorado Contractors Association (AGC) and AGC’s Wyoming Contractors Association discussed what happened in their locales. FHWA has developed a “#Roads to Your Future” website that captures the results and the “Playbook” is intended to help other areas of the country to implement their own coordinated highway construction worker development programs.
 
For more information, contact Brian Deery at deeryb@agc.org
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Federal Construction
AGC Educates Congressional Staff on Federal Construction
 
 
On Mar. 28, AGC led a coalition of fifteen trade associations in a briefing to House and Senate staff about the basics of federal construction contracting. In coordination with the Chairwoman Nydia Velazquez (D-NY) of the House Small Business Committee, the briefing included an industry presentation and a question and answer session. The presentation, What Every Congressional Staffer Should Know About the Construction Industry, answered fundamental questions such as: how contractors can enter the federal market, how contractors find what federal projects are out for bid, and what resources are for available for contractors. AGC continues to advocate for infrastructure and will continue to work to educate congressional offices about the construction industry. 
 
For more information, contact Jordan Howard at jordan.howard@agc.org or (703) 837-5368.
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Grassroots
Schedule a Meeting Today with your Members of Congress!
 
On April 15, the next Congressional district work week begins. During this time, AGC encourages you to meet with your Representative and Senators to build stronger relationships and inform them about issues facing the construction industry. Meetings can include meetings in the member’s office, inviting them to a board meeting or having them tour a construction site to give them a hands-on learning experience. 
 
During these meetings, AGC encourages you to urge your member of Congress to support an infrastructure bill that creates long-term solvency of the highway trust fund, encourages greater direct federal infrastructure investment and strengthens existing infrastructure tools like the Private Activity bonds. Additionally, we hope you urge your member of Congress to promote a strong workforce that ensures adequate federal funding for skills-based education programs, reforms higher education to better prepare a workforce and enact comprehensive immigration reform. For a full list of AGC’s priorities click here
 
If you have any questions or need assistance setting up your meeting, please contact Jenni Traver at Jennifer.traver@agc.org or (703) 837-5435. 
 
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Events
Federal Contractors Conference | June 10-12, 2019 | Washington, D.C.
 
Register today for the 2019 AGC Federal Contractors Conference taking place June 10-12, 2019 in Washington, DC.  The Federal Contractors Conference discusses the latest projects, policies and contracting issues facing the industry with federal agencies, including the U.S. Army Corps of Engineers, Naval Facility Engineering Command, Air Force Civil Engineer Center, General Services Administration, Department of Veterans Affairs, Department of State, Natural Resources Conservation Service, and Bureau of Reclamation.
 
In addition to substantive discussions and presentations with federal agencies, attendees will hear from legal experts about the latest federal regulations that impact their businesses and may have the opportunity to continue a dialogue with federal agencies after the conference. Leading federal construction attorneys will address executive orders, Small Business Administration and Federal Acquisition Regulation rules, and case law trends your company needs to know to work in the federal market. And, when the conference concludes, AGC member attendees will have the opportunity to participate in ongoing dialogue and meetings with agency headquarters later in the year.
 
For more information, contact Jordan Howard at jordan.howard@agc.org or (703) 837-5368.
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