ABC Central Ohio - News

ABC Applauds DOL’s Proposal to Rescind Confusing Biden-Era Independent Contractor Rule

Thu, 12 Mar 2026 12:39:57 GMT

On Feb. 26, the U.S. Department of Labor announced a proposed rule that will rescind and replace the ABC-opposed 2024 Employee or Independent Contractor Classification Under the Fair Labor Standards Act final rule.

ABC strongly supports the DOL’s proposed rule to rescind the Biden-era 2024 independent contractor final rule and replace it with a commonsense proposal similar to the ABC-supported 2021 final rule. The 2024 final rule creates an ambiguous and difficult-to-interpret standard for determining independent contractor status. Under the rule’s multifactor test, employers are forced to guess which factors should be given the greatest weight in making the determination.

Instead of promoting much-needed economic growth and protecting legitimate independent contractors, the 2024 final rule results in more confusion and expensive, time-consuming, unnecessary and often frivolous litigation, as both employers and workers will not understand who qualifies as an independent contractor.

In the DOL release, the agency highlighted that the proposed rule would:

Apply an “economic reality” test to determine whether a worker is in business for himself or herself as an independent contractor or is an employee economically dependent on an employer for work.
Identify and explain two “core factors” to help determine if a worker is economically dependent on an employer for work or in business for him- or herself:
- The nature and degree of control over the work.
- The worker’s opportunity for profit or loss based on initiative and/or investment.
Identify other factors to help determine a worker’s status as an employee or independent contractor, including the amount of skill required for the work, degree of permanence of the working relationship, and whether the work is part of an integrated unit of production.
Advise that the actual practice of the worker and the potential employer is more relevant than what may be contractually or theoretically possible.
Provide eight fact-specific examples applying the factors to real-life circumstances

“ABC is pleased to see the DOL is proposing to simplify and clarify the factors for determining when a worker is an independent contractor versus an employee under the Fair Labor Standards Act,” said Kristen Swearingen, ABC vice president of government affairs, in a news release. “ABC looks forward to providing comments to the DOL on the proposed rule.”

ABC looks forward to providing comments to the DOL by the deadline of April 28.

To learn more, read ABC general counsel Littler’s analysis.

On May 1, 2025, the DOL announced that it would pause enforcement of the 2024 final rule in current enforcement matters while the agency reviewed this regulation.

ABC, its Southeast Texas chapter, the Coalition for Workforce Innovation and five other organizations are challenging the 2024 final rule in federal court, which is currently pending.

Construction Loses 11,000 Jobs in February

Thu, 12 Mar 2026 12:39:18 GMT

The construction industry lost 11,000 jobs on net in February, according to an Associated Builders and Contractors analysis of data released today by the U.S. Bureau of Labor Statistics. On a year-over-year basis, industry employment has grown by 42,000 jobs, an increase of 0.5%.

Nonresidential construction employment decreased by 3,800 positions, with losses in 2 of the 3 subcategories. Heavy and civil engineering lost 6,500 jobs and nonresidential specialty trade lost 1,400 positions, while nonresidential building added 4,100 jobs in February.

The construction unemployment rate was 6.9% in February. Unemployment across all industries rose to 4.4% and is 0.2 percentage points higher than one year ago.

“Construction employment shrank again in February and has now declined in 8 of the past 11 months,” said ABC Chief Economist Anirban Basu. “Both the residential and nonresidential segments lost jobs for the month, adding to a recent string of downbeat industry data releases; construction spending has been in decline for several quarters, and ABC’s Construction Backlog Indicator fell to a four-year low in January. With the conflict in Iran adding to trade policy-related uncertainty and crude oil prices well above $80 per barrel, the industry’s outlook remains downbeat through the first few months of 2026.”

Nonresidential Construction Spending Plunges in December, Says ABC

Tue, 03 Mar 2026 19:28:37 GMT

National nonresidential construction spending decreased 0.6% in December, according to an Associated Builders and Contractors analysis of data published today by the U.S. Census Bureau. On a seasonally adjusted annualized basis, nonresidential spending totaled $1.24 trillion.

Spending was down on a monthly basis in 12 of the 16 nonresidential subcategories. Private nonresidential spending was down 0.7%, while public nonresidential construction spending was down 0.4% in December.

“Nonresidential construction spending contracted sharply in December,” said ABC Chief Economist Anirban Basu. “This decline was concentrated in the manufacturing segment, which is now down nearly 16% from the August 2024 all-time high. Given trade policy uncertainty and the waning effects of the CHIPS Act, manufacturing-related spending will likely continue to decline over the next several quarters.

“While manufacturing is the most significant driver of nonresidential weakness, it’s far from the only one,” said Basu. “Eight of the 11 private nonresidential subsegments contracted in December, and total private nonresidential spending is now down 1.8% year over year. Given this weakness, it is unsurprising that ABC’s Construction Backlog Indicator fell to a four-year low in January.”

Construction Materials Prices Surge in January, Driven Again by Tariffs

Tue, 03 Mar 2026 19:28:07 GMT

Construction input prices increased 0.7% in January compared to the previous month, according to an Associated Builders and Contractors analysis of the U.S. Bureau of Labor Statistics Producer Price Index data released today. Nonresidential construction input prices increased 0.6% for the month.

Overall construction input prices are 2.3% higher than a year ago, while nonresidential construction input prices are 2.9% higher. Prices increased in 2 of 3 energy categories last month. Crude petroleum and unprocessed energy materials prices were up 1.8% and 0.4%, respectively, while natural gas prices were down 2.9% in January.

“Nonresidential construction input prices rebounded in January, surging at a blistering 7.1% annualized rate for the month,” said ABC Chief Economist Anirban Basu. “While this sharp monthly rise can be traced to significant increases in prices for tariff-affected products like copper wire and cable, iron and steel, and industrial controls equipment, aggregate input price escalation is not particularly concerning right now. Nonresidential materials prices are up just 2.9% over the past year and have been virtually flat over the past several months, rising just 0.2% since September despite some large monthly fluctuations.

“Trade policy may continue to put upward pressure on certain input prices, especially those subject to the large Section 232 tariffs,” said Basu. “Even so, input escalation is unlikely to rise too sharply as long as energy prices remain tame and demand remains subdued. Contractor sentiment seems to reflect this; optimism regarding profit margins improved in January, according to ABC’s Construction Confidence Index, although it remains lower than one year ago.”

9 in 10 Construction Workers in 24 States Are Not Union Members

Tue, 03 Mar 2026 19:27:31 GMT

Associated Builders and Contractors today released an analysis of state union membership data published by unionstats.com, which found that at least 90% of construction workers in 24 states did not belong to a union in 2025. Overall, there were a record 9 million nonunion construction workers compared to 995,000 union members last year, according to a Feb. 18 report from the U.S. Bureau of Labor Statistics.

"Year after year, data at the national and state level continue to show the supermajority of construction companies choose an employment relationship in a merit-based culture, which is the best way to attract talent and the most productive means to deliver long-lasting, high-quality projects at affordable prices,” said Kristen Swearingen, ABC vice president of government affairs.

“Discriminatory, union-only rules are especially unfair and unworkable in the dozen states where nonunion workers comprise more than 95% of the workforce,” said Swearingen. “Employee choice whether or not to affiliate with unions creates immense value in the marketplace, which is why ABC will continue to oppose government-mandated project labor agreement policies and advocate for freedom for all construction workers to choose how to achieve their career dreams and prosper in a safe and healthy environment.

“ABC urges state policymakers, as well as the Trump administration and Congress, to advance policies that level the playing field, preserve worker choice and address the issues that the construction industry faces, including a worker shortage of 349,000 in 2026, economic uncertainty, immigration policy, inflation and high interest rates,” said Swearingen.

OFCCP Poised to Produce Contractors’ EEO-1 Data

Thu, 26 Feb 2026 15:58:58 GMT

Starting in 2018, the Center for Investigative Reporting and a CIR reporter have been fighting to force the U.S. Department of Labor’s Office of Federal Contract Compliance Programs to disclose EEO-1 reports filed by federal contractors. These contractors have submitted the data with the understanding that the government must keep such reports confidential.

Following years of litigation, in 2025 the 9th Circuit Court of Appeals ruled in favor of CIR and ordered OFCCP to disclose most of the challenged reports. Pursuant to agreements between OFCCP and CIR, the OFCCP is preparing to produce contractors’ consolidated EEO-1 reports from 2016 through 2020. Absent a further challenge, the reports are scheduled to be made public on Feb. 25, 2026.

Federal contractors are encouraged to read Littler’s detailed analysis and contact counsel immediately if you have questions about the EEO-1 data and public disclosure or wish to challenge disclosure of your data.

ABC will continue to monitor this issue.

DOL Announces $145 Million Pay-for-Performance Apprenticeship Grants

Thu, 26 Feb 2026 15:58:07 GMT

On Feb. 13, the U.S. Department of Labor’s Employment and Training Administration announced a new funding opportunity of up to $145 million for organizations to administer a Pay-for-Performance Incentive Payments Program aimed at expanding registered apprenticeship programs.

The ETA expects to award up to five cooperative agreements over a four-year period of performance, with applications due April 3, 2026.

The funding opportunity seeks applicants capable of creating and operating programs to provide incentive payments to registered apprenticeship program sponsors based on verified apprentice enrollment and growth.

The ETA is targeting four awards for apprenticeship expansion in industries including shipbuilding and defense, AI/semiconductor/nuclear energy infrastructure, information technology, health care, transportation and telecommunications. The ETA intends to make one award for a program to encourage apprenticeship across all industries, including construction.

The grant opportunity’s focus on infrastructure buildout and maintenance, including facilities like data centers, semiconductor fabrication sites and nuclear power, may be relevant to construction employers and apprenticeship sponsors supporting those projects.

Additionally, the ETA requires applicants to include at least one partner (including regional industry association and national/regional employers), meaning ABC chapters and member contractors may be eligible as potential association/employer partners to lead applicants.

US Supreme Court Strikes Down IEEPA Tariffs; Construction Industry Monitoring Cost Impacts

Thu, 26 Feb 2026 15:57:06 GMT

On Feb. 20, 2026, the U.S. Supreme Court ruled 6-3 that the International Emergency Economic Powers Act does not authorize the president to impose tariffs.

The court concluded that IEEPA does not reference tariff authority and emphasized that Congress has enacted separate statutes governing trade actions, including Section 232 of the Trade Expansion Act, and Sections 201 and Section 301 of the Trade Act of 1974. The majority also cited separation-of-powers principles and said that broad tariff authority requires clear congressional authorization.

“Now that the U.S. Supreme Court has overturned IEEPA tariffs, the construction industry could see a modest but meaningful reduction in materials price escalation, specifically for manufactured components like specialty equipment, HVAC and electrical systems, and fixtures,” said Anirban Basu, ABC chief economist. “Of course, the administration has signaled that plans are in place to replace at least some of those tariffs through other means, so the benefits could be short-lived and completely counteracted by heightened uncertainty during the transition from one tariff mechanism to another. That, combined with the fact that the Section 232 tariffs on raw inputs like steel and aluminum will remain in place, means that this Supreme Court ruling could ultimately be less consequential for the construction industry.”

The Yale Budget Lab maintains a list of the tariffs imposed through IEEPA.

Construction materials prices have remained elevated over the past year. According to ABC’s analysis of U.S. Bureau of Labor Statistics Producer Price Index data released on Jan. 30, 2026, overall construction input prices are 2.8% higher than a year ago, and nonresidential construction input prices are up 3.2%.

Certain tariff-sensitive materials have recorded sharper increases. Copper wire and cable prices rose 4.6% in December and are up more than 22.3% year over year. Prices for primary nonferrous metals have increased nearly 62% over the past 12 months.

Construction input prices declined 0.6% in December on a monthly basis. According to ABC’s Construction Confidence Index, 7 in 10 contractors expect their profit margins to remain stable or improve over the next two quarters.

While the decision invalidates tariffs imposed under IEEPA in 2025, it does not address the timing or process for potential refunds of previously collected duties.

Chief Justice John Roberts wrote the majority opinion, joined by justices Sonia Sotomayor, Elena Kagan, Neil Gorsuch, Amy Coney Barrett and Ketanji Brown Jackson. Justices Clarence Thomas, Samuel Alito and Brett Kavanaugh dissented.

ABC will continue to monitor legal and policy developments affecting construction supply chains and materials pricing.

ABC Names 2025 Top-Performing US Construction Contractors

Thu, 19 Feb 2026 15:51:26 GMT

Associated Builders and Contractors today announced its 2025 Top Performers lists, recognizing its contractor members’ outstanding achievements in safety, quality, inclusion, project excellence and special designations ranked by number of hours worked.

The No. 1 2025 ABC Top Performer by work hours is Turner Industries Group LLC, Baton Rouge, Louisiana; followed by BL Harbert International, Birmingham, Alabama; Brown & Root Industrial Services, Baton Rouge, Louisiana; PerformanceContractors, Baton Rouge, Louisiana; and MMR Constructors Inc., Baton Rouge, Louisiana.

“Competition is a healthy constant in the ever-evolving world of construction, and these companies believe fair and open competition based on merit fosters innovation, increases value and delivers results for the betterment of the individual, the industry and the nation,” said Michael Bellaman, president and CEO of ABC. “ABC top performers are the competitive all-stars of construction, with commonalities like ABC’s STEP Safety Management System,® ABC’s Accredited Quality Contractor credential, upskilling and education programs, leadership development, technology implementation and more. These contractors win work based on merit. Congratulations to these outstanding contractors for competing on a fair and level playing field, building the nation’s most enduring, innovative, high-quality construction projects and for attracting and retaining the best talent, based on merit.”

Among contractors rated by type of work:

The top general contractor is Turner Industries Group, Baton Rouge, Louisiana
The top trade contractor is MMR Constructors Inc., Baton Rouge, Louisiana
The top electrical contractor is MMR Constructors Inc., Baton Rouge, Louisiana
The top plumbing/HVAC contractor is TDIndustries Inc., Dallas
The top specialty contractor is Apache Industrial, Houston
The top special designations contractor is Crossland Construction Co. Inc., Columbus, Kansas

The seventh annual ABC Top Performers lists include diverse merit shop businesses large and small, from women-, veteran- and minority-owned businesses and service-disabled firms to disadvantaged business enterprises across the country.

The No. 1 2025 ABC top-performing contractors by market sector are:

Airport: Hensel Phelps, Greeley, Colorado
Education: Balfour Beatty US, Dallas
Entertainment: Bergelectric Corp., Carlsbad, California
Government: BL Harbert International, Birmingham, Alabama
Health Care: Robins & Mortin, Birmingham, Alabama
High Tech/Data Centers: Faith Technologies Inc., Menasha, Wisconsin
Hospitality: BL Harbert International, Birmingham, Alabama
Industrial: Turner Industries Group, Baton Rouge, Louisiana
Infrastructure: Allan Myers, Worcester, Pennsylvania
Military: M.C. Dean Inc., Tysons Corner, Virginia
Mixed Use: Power Design Inc., St. Petersburg, Florida
Museums/Monuments/Parks: MAREK, Houston
Office: Bergelectric Corp., Carlsbad, California
Parking: Chamberlin Roofing & Waterproofing, Houston
Religious: Haskell, Jacksonville, Florida
Renewables: Apache Industrial, Houston
Residential: Power Design Inc., St. Petersburg, Florida
Retail: Sevan Multi-Site Solutions, Downers Grove, Illinois
Sports Complex: Brasfield & Gorrie LLC, Birmingham, Alabama

To qualify, Top Performers must achieve Gold status or higher in ABC’s STEP Safety Management System, which helps the best-performing contractors achieve incident rates nearly six times safer than the U.S. Bureau of Labor Statistics industry average, according to ABC’s Safety Performance Report. The majority of the honorees also must earn ABC’s Accredited Quality Contractor credential, which recognizes excellence in quality, safety performance, talent management—including inclusion, diversity and merit—craft and management education and community relations. Through robust programs like STEP and AQC, ABC Top Performers demonstrate they:

Sustain and grow their businesses, financially and economically
Offer market-competitive compensation, benefit and retirement packages
Commit to industry-leading safety
Commit to workforce development, education and creating career opportunities
Commit to work environments that are inclusive and diverse
Develop opportunities for their employees to achieve their career dreams
Cultivate committed leadership

ABC 2025 Top Performers is presented by these ABC strategic partners: CNA, Milwaukee and United Rentals. View the 2025 Top Performers lists at abc.org/topperformers.

Construction Backlog Indicator Falls To Four-Year Low in January; Contractor Confidence Grows

Thu, 19 Feb 2026 15:50:43 GMT

Associated Builders and Contractors reported today that its Construction Backlog Indicator fell to 8.0 months in January, according to an ABC member survey conducted Jan. 20 to Feb. 3. The reading is down 0.2 months from December and 0.4 months from January 2025.

View ABC's Construction Backlog Indicator and Construction Confidence Index for January. View the full Construction Backlog Indicator and Construction Confidence Index data series.

Backlog continues to hold up better for larger contractors, rising over the past year for contractors with greater than $50 million in annual revenues while falling sharply for those with revenues below that threshold.

ABC’s Construction Confidence Index reading for sales, profit margins and staffing levels increased again in January. Sales expectations are better than they were one year ago, while profit margin and staffing expectations are slightly worse. The readings for all three components remain above the threshold of 50, indicating expectations for growth over the next six months.

“Backlog fell to a four-year low in January, yet contractors remain shockingly sanguine about the near-term outlook,” said ABC Chief Economist Anirban Basu. “Just 13% of contractors expect their sales to decrease over the next six months, the smallest share since February 2022. Despite that personal confidence, ABC members are far less optimistic about their competition; 46% of contractors expect that other contractors will see their sales decline over the next two quarters. Whether or not this personal optimism is justified will likely depend on the extent to which borrowing costs can decline in 2026.”

Nonresidential Construction Adds Solid 27,900 Jobs in January

Thu, 19 Feb 2026 15:49:55 GMT

The construction industry added 33,000 jobs on net in January, according to an Associated Builders and Contractors analysis of data released today by the U.S. Bureau of Labor Statistics. On a year-over-year basis, industry employment has grown by 44,000 jobs, an increase of 0.5%.

Nonresidential construction employment expanded by 27,900 positions, with gains in 2 of the 3 subcategories. Nonresidential specialty trade added 25,100 jobs, while nonresidential building added 3,600 new positions. Heavy and civil engineering lost 800 jobs in January.

The construction unemployment rate was 6.9% in January. Unemployment across all industries decreased to 4.3% and is 0.3 percentage points higher than one year ago.

“The construction industry, much like the broader labor market, rebounded in January,” said ABC Chief Economist Anirban Basu. “While that’s a welcome development, the industry lost 1,000 jobs in 2025, the first calendar year decline since 2020 and 2010 before that. Much of the industry’s weakness is concentrated in the residential segment, where employment has declined by 43,600 jobs over the past year.

“Despite the lack of job growth in 2025, the industry’s unemployment rate is only modestly higher than one-year ago,” said Basu. “That dynamic at least partially stems from immigration enforcement and the downward pressure it has put on the industry’s labor supply. Neither last year’s weak employment growth nor current labor force dynamics have weighed on contractor confidence, with ABC members still upbeat about both their sales and staffing levels over the next six months, according to ABC’s Construction Confidence Index.”

Construction Job Openings Rebound in December, Up 87,000 Year Over Year

Thu, 12 Feb 2026 14:23:43 GMT

Note that, as a result of the 2025 government shutdown, no October labor data were collected, so those data are missing/not available.

National NSA payroll construction employment was 12,000 higher than December 2024, its smallest year-over-year increase since March 2021 when it fell during the pandemic. Seasonally adjusted payroll construction employment was 8.3 million, or 9.1% above its pre-pandemic peak of 7.6 million.

Estimated state construction unemployment rates were lower than their pre-pandemic level in 60% of states. As of December 2025, 30 states had lower construction unemployment rates compared to December 2019, while 18 states had higher rates and two states (Georgia and New Mexico) had the same rate.

“The construction industry continues to contend with weaker demand from the headwinds of tariffs and supply disruptions pushing building materials prices up, increasing insurance costs and an uptick in immigration enforcement contributing to a shortage of skilled construction workers, which has added to pressure to raise wages and salaries,” said Bernard Markstein, president and chief economist of Markstein Advisors, who conducted the analysis for ABC. “On the positive side, a somewhat easier policy stance by the Federal Reserve has resulted in lower interest rates. Further declines in interest rates are likely this year. Adoption of software and equipment powered by artificial intelligence may help some companies to control costs and reap greater efficiency from their existing workforce.”

Recent Month-to-Month Fluctuations

In December, the national NSA construction unemployment rate climbed 0.9% from November. Three states (Alabama, Montana and New Mexico) had lower rates, 44 posted higher rates and three states (Alaska, Georgia and Mississippi) had the same estimated construction unemployment rates as in November.

The Top States

The six states with the lowest estimated NSA construction unemployment rates for December were:

Hawaii, 2.0%
Oklahoma, 2.5%
Colorado, 2.7%
Georgia, Indiana and Mississippi (tie), 2.8%

Both Hawaii and Indiana had their lowest December NSA estimated construction unemployment rate on record. Note that Hawaii’s unemployment rate is for construction plus mining and logging. Colorado posted its second-lowest December rate on record behind the 1.8% rate the state achieved in December 2021. Georgia and Oklahoma each had their third-lowest December construction unemployment rate on record.

The Bottom States

The five states with the highest September estimated NSA construction unemployment rates were:

Illinois, 9.4%
New Jersey, 10.1%
Connecticut, 10.5%
Rhode Island, 11.2%
Minnesota, 13.4%

Rhode Island recorded its lowest December rate since its December 2022 rate of 8.9%.

Click here to view graphs of U.S. and state overall unemployment rates (Tab 1) and construction unemployment rates (Tab 2) showing the impact of the pandemic, including a graphing tool that creates a chart for multiple states. To better understand the basis for calculating unemployment rates and what they measure, check out the Background on State Construction Unemployment Rates.

All But 5 States Had Construction Unemployment Rates Below 8% in December 2025

Thu, 12 Feb 2026 14:23:07 GMT

The national December 2025 not seasonally adjusted construction unemployment rate was 5.0%, a 0.2% decrease from December 2024, according to a state-by-state analysis of U.S. Bureau of Labor Statistics data released today by Associated Builders and Contractors. The analysis found that 60% of states (30) had lower estimated construction unemployment rates over the same period, 17 had higher rates and three states (New Hampshire, Pennsylvania and Texas) had the same rate. All but five states had construction unemployment rates below 8%.

Tariffs Drive Construction Materials Prices Up 2.8% in 2025

Thu, 05 Feb 2026 12:41:43 GMT

Construction input prices decreased 0.6% in December compared to the previous month, according to an Associated Builders and Contractors analysis of U.S. Bureau of Labor Statistics’ Producer Price Index data released today. Nonresidential construction input prices decreased 0.7% for the month.

Overall construction input prices are 2.8% higher than a year ago, while nonresidential construction input prices are 3.2% higher. Prices increased in 2 of 3 energy categories last month. Natural gas and unprocessed energy materials prices were up 34.8% and 5.5%, respectively, while crude petroleum prices were down 2.7% in December.

“Construction materials prices posted a welcome decline in December, yet key inputs are still experiencing rapid escalation,” said ABC Chief Economist Anirban Basu. “This is especially true for materials most exposed to tariffs. Copper wire and cable prices, for instance, jumped an incredible 4.6% in December and are up more than 22% year over year, and prices for primary nonferrous metals are up nearly 62% over the past 12 months.

“Prices for commodities less exposed to tariffs, like asphalt or crushed stone, will likely remain tame in the coming months due to soft demand for construction services,” said Basu. “While that may limit increases in overall materials prices, trade policy will continue to put upward pressure on certain materials. This has not significantly dimmed contractor optimism; 7 in 10 ABC members expect their profit margins to remain stable or grow over the next two quarters, according to ABC’s Construction Confidence Index.”

DOL Launches Labor Law Compliance Tools for Employers

Thu, 05 Feb 2026 12:40:58 GMT

On Jan. 26, the U.S. Department of Labor’s Wage and Hour Division announced the launch of several compliance assistance resources designed to encourage proactive compliance and help employers understand federal labor laws such as the Family and Medical Leave Act.

According to the DOL’s news release, “The Wage and Hour Division is here to help employers make informed decisions about compliance so they can focus on running their businesses,” said Wage and Hour Administrator Andrew Rogers. “We know that most employers want to follow the law and do right by their employees, so we are eager to offer these new resources to help them understand their obligations. We encourage American businesses and workers to take advantage of the new toolkits and FMLA videos, which are easy to use and available on our website.”

WHD’s resources include:

A compliance assistance webpage including fact sheets, posters and other guidance organized by topic and resource type;
A video series on the FMLA; and
Revamped compliance assistance toolkits for various industries, including construction.

WHD also offers the Payroll Audit Independent Determination program to enable employers to self-identify and resolve minimum wage, overtime and leave violations under the Fair Labor Standards Act and Family and Medical Leave Act.

Visit the DOL’s WHD webpage to learn more or call the division with questions and requests for compliance assistance through the agency’s helpline at (866) 4US-WAGE (487-9243).

Additionally, ABC National offers several compliance resources for members, which include:

Regulatory Roundup
Regulatory Resource Hub on Final Rules
Immigration Update and Employer Resources
Archived ABC Academy Webinars (login required)
Rapid Response Toolkit for Dealing With Union Organizing (login required)

ABC Joins Business Groups Urging Treasury to Purge CTA Data

Thu, 29 Jan 2026 15:16:09 GMT

On Jan. 20, ABC joined more than 100 trade associations in a letter urging the U.S. Department of the Treasury to immediately purge the Corporate Transparency Act database of beneficial ownership information submitted by domestic businesses that are no longer required to report.

On Feb. 27, 2025, Treasury announced that it was ceasing enforcement of the CTA while it crafted a new set of regulations and on March 21, 2025, FinCEN announced it is issuing an interim final rule that removes the BOI reporting requirements under the CTA for U.S. companies and persons.

While the administration appropriately narrowed the CTA’s scope last year to apply only to foreign entities, relieving more than 32 million U.S. businesses of these requirements, millions of law-abiding domestic companies had already complied. Their sensitive personal data remains stored by FinCEN, creating ongoing cybersecurity and privacy risks despite serving no legitimate government purpose.

The legal uncertainty surrounding the CTA heightens the need for swift action. In fact, 12 federal lawsuits are challenging the law’s constitutionality. Members of Congress and Treasury officials have acknowledged the need to dispose of data no longer legally required, but Main Street businesses deserve certainty and a clear timeline, not indefinite storage of personal information. ABC joined partners in calling on the Treasury to finalize the rule exempting U.S. businesses and to promptly destroy collected data to protect small business owners’ privacy.

While U.S. companies have been alleviated of the need to file, this relief is only temporary. So long as the CTA statute remains in place, a future administration could rewrite the rules to be more expansive. For this reason, ABC strongly supports H.R. 425, the Repealing Big Brother Overreach Act, which would repeal the CTA and relieve small business owners from these burdensome reporting requirements and criminal penalties.

Read more on the S-Corporation Association of America’s website.

Background:

On Jan. 1, 2021, Congress enacted into law the CTA, which establishes a new framework for the reporting, maintenance and disclosure of beneficial ownership information in order to better enable national security, intelligence and law enforcement efforts to counter money laundering, the financing of terrorism and other illicit activity.

ABC, along with a coalition of small business organizations, submitted a letter to congressional leaders expressing concerns about the amendments incorporating the CTA into the 2021 National Defense Authorization Act, stating the enactment of the CTA would decrease privacy protections and slow the economic recovery of Main Street businesses.

ABC responded to Treasury’s FinCEN notice of proposed rulemaking seeking public input on how best to implement the reporting requirements of the CTA, as well as the CTA’s provisions regarding FinCEN’s maintenance and disclosure of reported information in comments.

ABC’s comments noted that the framework prescribed by the CTA will require millions of small businesses, including nearly every employer with 20 or fewer employees, to report to FinCEN certain personal information of their beneficial owners and update that information periodically throughout the life of the business.

ABC also argued that America’s small businesses—which make up most of ABC’s members—are typically not staffed or equipped to understand and comply with reporting obligations similar to those under the CTA. However, per the CTA, failure to comply can result in significant fines and imprisonment for these small business owners.

Nonresidential Construction Spending Remains Stagnant in October

Thu, 29 Jan 2026 15:15:27 GMT

National nonresidential construction spending remained virtually unchanged on a monthly basis in October and was down 0.9% year over year, according to an Associated Builders and Contractors analysis of data published today by the U.S. Census Bureau. On a seasonally adjusted annualized basis, nonresidential spending totaled $1.25 trillion.

Spending was up on a monthly basis in 9 of the 16 nonresidential subcategories. Private nonresidential spending was down 0.2%, while public nonresidential construction spending was up 0.1% in October.

“Nonresidential construction failed to gather momentum at the start of 2025’s third quarter,” said ABC Chief Economist Anirban Basu. “While there are few sources of private nonresidential growth outside of the still surging data center category, much of the recent decline in construction spending is due to a precipitous drop in manufacturing investment. With CHIPS Act-enabled megaprojects winding down and the stiff headwind of trade policy, manufacturing construction spending has fallen by nearly 10% over the past 12 months, accounting for more than the entire decline in private nonresidential spending. Despite consistently downbeat construction industry data during the latter months of 2025, contractors remain upbeat about the first half of 2026, according to ABC’s Construction Confidence Index.”

Construction Industry Must Attract 349,000 Workers in 2026 Despite Macroeconomic Headwinds

Thu, 22 Jan 2026 17:07:39 GMT

The construction industry needs to attract an estimated 349,000 net new workers in 2026 to meet demand for construction services, according to a proprietary model developed and released today by Associated Builders and Contractors. In 2027, the industry will need to bring in 456,000 new workers to meet demand as construction spending growth is poised to resume for the first time in years.

ABC’s proprietary model uses the historical relationship between inflation-adjusted construction spending growth, sourced from the U.S. Census Bureau’s Construction Put in Place survey, and payroll construction employment, sourced from the U.S. Bureau of Labor Statistics, to convert anticipated increases in construction outlays into additional demand for construction workers at a rate of approximately 3,450 jobs per $1 billion in additional construction spending. This model also embeds the current level of job openings, industry unemployment and projected industry retirements into its computations.

“If current consensus forecasts hold true, the construction industry will need to bring in 349,000 new workers in 2026 just to keep the supply and demand for labor in equilibrium,” said ABC Chief Economist Anirban Basu. “Failing to do so will worsen labor shortages, especially in certain occupations and regions, placing further upward pressure on labor costs.

“The industry needs to attract fewer workers than in recent years, a decline that can be traced to extremely modest spending growth forecasts for 2026 and 2027,” said Basu. “Given current assumptions regarding prospective industry growth, a majority of new worker demand in 2026 will be attributable to retirement rather than increased demand for construction services, despite the ongoing boom in artificial intelligence infrastructure buildout.

“The industry will need even more workers than the model predicts should current spending projections prove overly conservative,” said Basu. “That is a distinct possibility, especially if project financing costs decline unexpectedly or if lingering policy uncertainty resolves itself quickly and favorably. It is also important to note that nonresidential specialty trade contractors have added 95,000 jobs since August 2024, according to ABC analysis of BLS employment data, demonstrating that certain sectors of nonresidential construction hiring are going strong.”

“ABC’s 2026 workforce shortage analysis shows a series of macrodynamics at play in the industry,” said Michael Bellaman, ABC president and CEO. “These include an aging and retiring workforce, immigration enforcement, high materials prices, tariffs, office vacancies and rapidly evolving technologies and innovation. Despite these variables, the analysis shows the construction industry still faces an urgent need for talent to build and rebuild America’s infrastructure.”

“Even if construction spending fails to exceed expectations this year and next, contractors will continue to struggle to fill open positions, especially in certain occupations and regions,” said Basu. “For instance, demand for electricians capable of precision wiring has surged due to the rapid increase in data center construction. Recent industry efforts to accelerate skilled worker development have helped, but the industry is effectively swimming upstream. Approximately one-fifth of all electricians are over 55. Worker shortages also remain more severe in areas associated with industrial megaprojects, including semiconductor fabrication facilities.

“The effects of immigration policy represent another potential wildcard for the industry’s labor force dynamics,” said Basu. “While the extent to which undocumented workers have exited the workforce remains unclear, data regarding border encounters indicate that the flow of undocumented workers into the country fell precipitously in 2025 while voluntary deportations accelerated.”

“This slight dip in the industry’s chronic, massive worker shortage offers practical lessons,” said Bellaman. “These include federal lawmakers introducing a market-based worker visa system; reskilling and upskilling workers on new tech and innovation; and deploying ABC’s all-of-the-above workforce development strategy to bring new workers into the industry and educate them through both industry-driven and government-registered apprenticeship programs.

“The construction industry does not have to fall off the workforce shortage cliff,” said Bellaman. “To avoid this outcome and shore up the talent pipeline, now is the time for action—not complacency—to reaffirm that the construction industry offers careers of choice in today's complex job market.”

Tariffs Push Construction Materials Prices Higher in November

Thu, 22 Jan 2026 17:06:42 GMT

Construction input prices increased 0.6% in November compared to the previous month, according to an Associated Builders and Contractors analysis of U.S. Bureau of Labor Statistics’ Producer Price Index data released today. Nonresidential construction input prices also increased 0.6% for the month.

Overall construction input prices are 3.4% higher than one year ago, while nonresidential construction input prices are 3.8% higher. Prices increased in 2 of 3 energy categories last month. Natural gas and unprocessed energy materials prices were up 10.8% and 1.4%, respectively, while crude petroleum prices were down 1.1% in November.

“Construction input prices surged in November and are now up 3.4% on a year-over-year basis,” said ABC Chief Economist Anirban Basu. “While that’s a relatively modest annual increase, it’s also the largest since January 2023 and the trend offers plenty of cause for concern. Many tariff-affected materials, like derivative metal products and switchgear equipment, have experienced considerable price escalation in 2025. Prices for aluminum mill shapes and primary and secondary nonferrous metals are both up more than 25% over the past year.

“Unfortunately, it is impossible to know exactly how the cost of tariffs will be distributed throughout the supply chain, and that makes it exceptionally difficult to know how construction input prices will behave in 2026,” said Basu. “Despite this uncertainty, contractors are on net optimistic that their profit margins will expand during the first half of the year, according to ABC’s Construction Confidence Index, albeit slightly less optimistic than they were at the same time last year.”

Senate Passes Nominations Package With ABC-Supported NLRB Nominees

Mon, 12 Jan 2026 20:43:32 GMT

On Dec. 18, the U.S. Senate approved an en bloc nominations package that included 97 Trump administration nominees. The 53-43 party-line vote was made possible by the Senate’s recent move to lower the threshold for subcabinet level positions to a simple majority rather than the typical, 60-vote threshold.

Ahead of the vote, ABC and the ABC-led Coalition for a Democratic Workplace supported the nominations of three National Labor Relations Board nominees included in the package, who were sworn in on Jan. 7:

James Murphy, member
Scott Mayer, member
Crystal Carey, general counsel

With the confirmation of the nominees, the NLRB will not only have a new general council to set the agenda, but it will also have a quorum for the first time in nearly a year. The new 2-1 Republican majority will allow the Board to resume more regular operations. However, longstanding Board practice requires three votes to overturn existing precedent. A third Republican-appointed member has not yet been nominated, so the Board is not able to fully begin to unwind policies implemented during the Biden administration.

Among the other 97 positions, there were several U.S. Department of Labor nominees confirmed:

Rosario Palmieri, assistant secretary of labor for policy
Henry Mack, Employment and Training Administration
Anthony D’Esposito, Department of Labor Inspector General’s Office
Jeremiah Workman, assistant secretary of labor, Veterans’ Employment and Training Service