Immediately following the Senate vote on the stimulus bill, AGC issued a statement encouraging Congress to restore $24 billion in needed school and construction spending and save 340,000 jobs. While infrastructure investment as part of the stimulus plan will improve the outlook for construction workers nationwide, AGC continues to work with Congressional leaders to ensure proper funding. Read the statement here.

The U.S. Department of Labor (DOL) has issued a final rule eliminating the requirement that contractors covered by the Davis-Bacon and Related Acts include employees' home addresses and Social Security numbers (SSNs) on weekly certified payroll records submitted to contracting agencies or DOL's Wage and Hour Division. DOL issued the rule "to better protect the personal privacy of laborers and mechanics employed on covered construction projects."

The effective date of the rule is January 18, 2009. This means that for covered contracts entered into as the result of an invitation for bids issued or negotiations concluded on or after January 18, contractors should not include employees' home addresses or full SSNs in weekly transmittals. Instead of the SSN, contractors should provide an "individually identifying number" for each covered employee. The purpose of the "individually identifying number" is to avoid confusion when more than one employee has the same name, and it may be the last four digits of the employee's SSN. For covered contracts entered into previously, contractors should continue to follow the prior rule and include home addresses and full SSNs. For those contractors using DOL Form WH-347 to submit payroll information, DOL now offers on its Web site both the old form and instructions, as well as a revised form and instructions. The appropriate form to use depends on the timing of contract execution.

In comments to the proposed rule submitted in November, AGC expressed support for the change, agreeing with DOL that eliminating submission of such employee information is consistent with statutory mandates and helps to fulfill legitimate policy objectives, including reducing the risk of identity theft. However, AGC noted that the proposed rule could be interpreted as prohibiting subcontractors from providing such information in weekly payrolls submitted to prime contractors, which raises concerns about a prime contractor's ability to make restitution and to avoid unfair withholdings in cases of subcontractor underpayment of wages. In the final rule, DOL adopted AGC's suggestion to clarify that prime contractors may continue to require subcontractors to provide such employee information to the prime contractor without submission to the government.

The rule does not change the requirement that employers maintain records of the addresses and SSNs of covered workers and make the information available to government investigators upon request.

The rule includes revised language for standard contractual provisions reflecting these changes. Click here to view the complete final rule.

For more information, contact Denise Gold at (703) 837-5326 or goldd@agc.org.

AGC of Maine hosted a media event February 6 at the Portland International Jetport to demonstrate the dire need for infrastructure funds to create jobs and complete construction projects.  Chapter CEO John O'Dea hosted the event, which was covered by the Portland Press-Herald, Mainebiz, the Associated Press and the local NBC affiliate. 

Watch the NBC news coverage.

The Orlando Sentinel today published an op-ed by AGC's chief economist Ken Simonson titled "Why Florida Needs Stimulus - Now."  Simonson made the case for infrastructure investment as part of the pending stimulus to create or sustain 23,000 jobs in Florida alone, and 920,000 nationally.  Read the op-ed here.

AGC CEO Steve Sandherr was interviewed on FOX Business News by Adam Shapiro as part of the Rebuilding America's Infrastructure series.  During the interview, Sandherr stressed the importance of putting the more than 900,000 construction workers who have lost their jobs back to work.  View the interview here.