Construction Legislative Week in Review
www.agc.org April 25, 2019
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On the Inside
Regulations
Court Orders Employer Submission of EEO-1 Pay Data by September 30
Learn How to Comply with EEO-1 Pay Data Requirement
Federal Contracting
Congress Takes Notice of Change Orders Delays
Grassroots
AGC on the Jobsite in Virginia
AGC on the Road in New York State
Events
Register for the Summer Financial Issues Committee Meeting
Register for the 2019 Safety, Health & Environmental Conference
Safety Management Training Course
Regulations
Court Orders Employer Submission of EEO-1 Pay Data by September 30
Impacts Many Public and Private Works Construction Contractors
 
On April 25, the DC District Court ruled that applicable employers must turn over two years’ worth of worker pay data to the U.S. Equal Employment Opportunity Commission (EEOC) by September 30, 2019, as part of the annual EEO-1 survey. The judge ordered 2018 and an additional year’s worth of data to be submitted, but the exact additional year has yet to be determined. This ruling follows the recent court order reinstating the previously revised Obama administration EEO-1 form’s pay data reporting requirements that the Office of Management and Budget (OMB) halted in 2017. The EEO-1 is an annual survey that requires all private employers with 100 or more employees and federal government contractors or first-tier subcontractors with 50 or more employees and a federal contract, sub¬contract or purchase order amounting to $50,000 or more to file the EEO-1 report.  The filing of the EEO-1 report is not voluntary and is required by federal law.
 
The traditional EEO-1 report (“Component 1”) requires employers to tally employment data by race/ethnicity, gender and job categories.  The reinstated “Component 2” of the report requires employers to query their databases for W-2 pay data and FLSA hours worked information, even though individual pay data is not actually reported to the EEOC.  Barring EEOC action or an appeal by the administration before the survey’s new deadline—September 30, 2019—filers should be prepared for the pay data requirements to be included in the survey.
 
AGC opposed the new data collection, calling upon the Trump administration and Congress to rescind the Obama administration Presidential Memorandum ordering the new EEO-1 form, and the form itself. AGC submitted comprehensive comments explaining its position to the EEOC in April and August 2016. Additionally, on April 3, AGC and other business groups filed a motion requesting status as an amicus to present information to the court about the concerns of the employer community that have been absent from the case.  
 
For more information, contact Claiborne Guy at claiborne.guy@agc.org or (703) 837-5382.
 
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Learn How to Comply with EEO-1 Pay Data Requirement
Free AGC Member WebEd: May 2 from 2:00 to 3:00 P.M. ET
 
As a resource, AGC of America is offering a free WebEd for AGC members—entitled “Critical EEO-1 Survey Reporting Requirements Update”—on May 2, 2:00-3:00 PM ET to update all contractors and subcontractors on the status of the situation and provide a refresher along with new training necessary to prepare for the collection and submission of Component 2 data.
 
For more information, contact Claiborne Guy at claiborne.guy@agc.org or 703-837-5382.
 
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Federal Contracting
Congress Takes Notice of Change Orders Delays
AGC-Backed Bill Encourages Transparency and Fairness
 
On April 18, Reps. Marc Veasey (D-Tex.) and Pete Stauber (R-Minn.) introduced an AGC-backed bill—H.R. 2344—that would require a federal construction contracting agency to pay at least 50 percent of the actual (incurred or committed) cost percent of the cost of the unilateral change order which would lessen the negative impacts from unilateral change orders directed by the government. 
 
AGC is at the forefront of advocating for greater accountability of the change order process among the different federal agencies. This bill is the product of a congressional hearing where AGC members testified at the House Small Business Committee on change order delays and the impacts on federal construction contractors
 
AGC has previously called on the Federal Acquisition Regulation Council to improve the data federal agencies collect regarding the administration of change orders in response to the Council’s information request. AGC’s recommendations would require federal agencies to collect a range of data regarding the timeliness of action by the contracting officer to encourage greater accountability.  
 
For more information, contact Jordan Howard at jordan.howard@agc.org or (703) 837-5368.
 
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Grassroots
AGC on the Jobsite in Virginia
Pushes Congress to Address Workforce Needs
 
On April 22, AGC of America in partnership with AGC of Virginia and R.E. Lee & Son Inc. hosted Representative Denver Riggleman (R-VA) for a tour of a construction project in Charlottesville, VA. The tour took place at the more than 5,000 square foot addition that R.E. Lee & Son, Inc., is building for ReadyKids, a local non-profit for early childhood development. While touring the site, construction officials and Rep. Riggleman discussed the need for Congress to address the workforce shortage in the construction industry and pass a long-term infrastructure bill. They noted that a January 2019 AGC of America survey of Virginia construction contractors found that 92 percent of those contractors are having a hard time filling some or all positions. To see the full press release from the visit click here
 
For more information or if your company is interested in hosting a member of Congress for a job site tour please contact Jenni Traver at jennifer.traver@agc.org.
 
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AGC on the Road in New York State
Urge Congress to Move on Infrastructure Bills
 
On April 24, AGC of New York State hosted an infrastructure roundtable with Representative Anthony Brindisi (D-NY). At the meeting AGC members and other industry stakeholders educated the congressman on the importance of infrastructure funding to New York and his Congressional District, while encouraging him to work with his colleagues in Washington to produce a bipartisan infrastructure bill. Pictured from left to right are Scot Owens (Barrett Paving Materials, Inc), Representative Brindisi, Bill Gaetano (Gaetano Construction), Mike Elmendorf (President & CEO AGC NYS), and Doug Fusillo (CCI Companies).
 
For more information or if your company is interested in hosting a member of Congress for a job site tour please contact Jenni Traver at jennifer.traver@agc.org.
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Events
Register for the Summer Financial Issues Committee Meeting
June 10 11, 2019 | Washington, D.C.
 
Register today for the summer AGC Financial Issues Committee Conference is open.  The meeting will take place June 10-11 at the Ritz-Carlton in Washington, D.C. Further details can be found on the website, which can be found here. Geared toward member company CFOs, Controllers, Tax Directors, Sureties and other senior accounting professionals – learn from practitioners, formulate positions on matters affecting the industry, talk with FASB and lawmakers, as well as network with peers.
 
During the January meeting in Florida, over 40 member company CFOs and other senior accounting professionals were brought up to speed on FASB initiatives and tax practices, had a policy discussion with Congressman Earl Blumenauer (D-Ore.) and staff from the Senate Finance Committee; a segment on emerging construction technologies with K.P. Reddy from Shadow Ventures; as well as provided an economic outlook by AGC Chief Economist Ken Simonson.
 
If you have any questions about the meeting, please contact Matt Turkstra at matt.turkstra@agc.org or (202) 547-4733.
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Register for the 2019 Safety, Health & Environmental Conference
July 23 - 25, 2019 | Seattle, WA
 
Join more than 300 construction safety, health, and environmental professionals at the AGC Safety, Health & Environmental Conference taking place July 23 – 25, 2019 in Seattle, WA. This conference is the industry's foremost annual conference to hone in on the most critical safety, health, and environmental compliance and risk issues impacting the business of construction. Whether your goal is protecting the safety and health of the men and women working in construction or protecting the environment during the construction process – this is the conference for you. Stay current on the latest issues through a mixture of plenary and breakout sessions. Learn more about the conference today.
 
For more information, please contact Kevin Cannon at cannonk@agc.org.
 
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Safety Management Training Course
September 4 - 6, 2019 | Boise, ID
 
Early bird registration ends in 5 days! The AGC Safety Management Training Course (SMTC) provides attendees with three days of training on the basic skills needed to manage a company safety program in the construction industry. The SMTC program builds on Focus Four training and prepares attendees to manage key safety issues on the job site and provides techniques for delivering basic safety training to field personnel. Participants will receive intensive instruction and training that will allow them to return to their firms with readily applicable new skills to positively impact their company's safety and health program. Visit the Safety Management Training Course page for more information.
 
For more information, please contact Kevin Cannon at cannonk@agc.org.
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