Significant Construction Employment Law Updates for Spring 2022 –


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The construction industry has faced several developments recently, which will have a significant impact on employers. These include updates to wage and labor regulations, cyber security risks, safety rules, and independent contractor classification requirements. Here are the most important changes employers need to know about.

Department of Labor (DOL) to Expand Davis-Bacon Act Coverage

The DOL has recently declared proposed rulemaking, which would expand the Davis-Bacon Act’s prevailing wage requirements as well as other regulations which apply to federal contractors and for federally assisted construction contracts.

Executive Order Requires Project Labor Agreement for Large-Scale Federal Construction Projects

The Executive Order on Use of Project Labor Agreements signed into effect by President Biden will require a project labor agreement prior to the award of a federal construction project with a valuation of $35 million or greater. This order was signed during a visit by the president to a Union in Marlboro, Maryland, and continues the current administration’s policy of union friendliness.

OSHA Places Heat Safety Standard As High Priority

OSHA has made heat illness one of its highest priorities, and this is sure to have a significant impact on those in the construction industry. OSHA has been working on this standard for some time now, and the agency has been clear that it will involve stakeholders in the development process. The agency’s permanent assistant secretary has expressed that this standard only falls below its focus on addressing COVID-19

Federal Court Rules Against DOL’s Withdrawal of Independent Contractor Rule

A federal court in Texas held that the United States Department of Labor (DOL) was in violation of the Administrative Procedure Act when it withdrew an Independent Contractor Final Rule (ICFR) from the Trump era. The DOL implemented a rule called the “Independent Contractor Status Under the [FLSA]” or as it was also known as the “Independent Contractor Rule.”  

This rule was intended to clear up what is meant by  “independent contractor” according to the Fair Labor Standards Act. Independent contractors are used frequently in the construction industry because they have specialized skills that are often needed on a short-term basis. This makes the ICFR particularly useful for construction businesses.

Cybersecurity Concerns

Every industry faces a threat of cyberattacks, the construction industry being no exception. [Read More]

Employers need to understand the risks they face in order to remedy any vulnerabilities they may have. This is particularly crucial as a survey by Safety Detectives placed construction as the third most vulnerable industry. Ransomware inflicted greater than $20 billion in damages throughout 2021 with 13.2% of total attacks.

Stay updated on all the new rules of compliance with Pre-employs free news resources on FCRA, EEOC, and more. Contact a Sales Rep today for more information.


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