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On April 26, �鶹��Ƶ of America, and other business groups, jointly filed a friend-of-the-court amicus brief urging a Texas federal district court to declare unlawful a significant U.S. Department of Labor (DOL) final rule (2024) revising the standards for analyzing who is an employee or independent contractor under the Fair Labor Standards Act (FLSA). This final rule took effect March 11, 2024, and rescinded the Trump administration final rule (2021), replacing it with a more complex analysis for determining employee or independent contractor status.

In this episode of �鶹��Ƶ’s ConstructorCast, we delve into the intricacies of the association’s litigation program, which serves as a crucial component of its broader advocacy efforts. We explore how �鶹��Ƶ strategically engages in judicial matters to safeguard and improve the business environment for construction contractors, aligning with its overarching goal of advancing industry interests and protecting against disruption.

A Kentucky federal court—in line with �鶹��Ƶ litigation support—agrees with an earlier Texas court ruling striking down a FHWA regulation that would have diverted federal-aid highway construction funding to more non-construction uses, like the purchase of buses, Amtrak cars, and EV charging stations.

A Texas federal court strikes down a FHWA regulation—in line with �鶹��Ƶ litigation support—that would have diverted federal-aid highway construction funding to more non-construction uses, like the purchase of buses, Amtrak cars, and EV charging stations.

On March 12, 2024, a federal judge in Louisiana dismissed on procedural grounds �鶹��Ƶ of America’s lawsuit challenging the Biden administration’s regulation requiring project labor agreements (PLAs) on federal construction projects of $35 million or more. The decision, however, does not prohibit the association from refiling a lawsuit later.

UPDATE: On March 8, 2024, the court handed �鶹��Ƶ and co-plaintiffs a major victory when it granted our motion for summary judgment and vacated the NLRB’s rule. On May 7, 2024, the NLRB filed a notice of appeal in the U.S. Court of Appeals for the 5th Circuit. On July 19, the Fifth Circuit granted NLRB's motion to voluntarily dismiss its appeal challenging vacatur of NLRB's 2023 joint employer rule.

On Feb. 9, �鶹��Ƶ of America and other business groups coordinated by the Coalition for a Democratic Workplace jointly filed an amicus brief urging the U.S. Court of Appeals for the Ninth Circuit to set aside a significant National Labor Relations Board (“NLRB” or “Board”) decision that makes it easier for unions to gain recognition without a secret-ballot election beyond 8(f) recognition in construction.

On Feb. 12, �鶹��Ƶ of America filed a coalition amicus brief with the U.S. Supreme Court, supporting a water utility sector’s request for the Court to clarify whether the Clean Water Act allows the U.S. Environmental Protection Agency (EPA) or authorized states to enforce generic prohibitions in National Pollutant Discharge Elimination System (NPDES) permits. These generic prohibitions subject permitholders to enforcement for exceeding water quality standards without telling permittees how to comply with the permit.

On January 10, the Associated General Contractors of America and its Louisiana �鶹��Ƶ chapter filed suit in federal court to block the Biden Administration’s unlawful effort to mandate project labor agreements (PLAs) on major federal construction projects. Unless stopped, the government-mandated PLA final rule will require every federal prime contractor and subcontractor to engage in negotiation or agree to PLAs on federal construction projects valued at $35 million or more, with limited exceptions, beginning on new contract solicitations issued on or after January 22.

Together, �鶹��Ƶ of America and its Illinois Chapters have achieved a major breakthrough as to commercial general liability insurance (CGL) coverage for construction defects under Illinois law. The Illinois Supreme Court issued its opinion in Acuity v. M/I Homes of Chicago, LLC, Docket No. 129087 on Nov. 30, 2023. The case involved CGL coverage for construction defects resulting in water damage to a townhome project. In that context, the Supreme Court clarified the law to agree with many state supreme courts that such property damage is an “occurrence” in Illinois. The Supreme Court’s clarification is extremely favorable to the construction industry and was supported by an amici curiae brief sponsored by �鶹��Ƶ of America, National Association of Home Builders, American Subcontractors Association and local chapters in Illinois.