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June 28, 2024

LEGISLATIVE & LEGAL NEWS

Summer Mini Summit


Join us on Wednesday, July 17 for a half day event, providing updates on the following timely legislative and legal topics:


  • Worker misclassification and changes to the independent contractor test in construction
  • Duty good faith & fair dealing (i.e. can an owner change the scope of work without a change order?)
  • Inflation Reduction Act and Davis-Bacon changes (i.e. can I get fined out of business for missing an apprenticeship standard?)
  • Earned Safe Sick Time changes and compliance
  • Prevailing Wage application
  • Best Practices on getting bids or responding to RFPs complying with new laws
  • Cannabis regulations and testing

Rapid Fire sessions will dive into the new laws and current issues facing contractors


  • Department of Labor and Industry Commissioner Nicole Blissenbach will explain new laws aimed at worker misclassification and how construction contractors can comply with the new law.
  • Top construction lawyers will explain how contracts and relationships need to be adjusted to comply with these new laws and will give tips to avoid troubles.
  • Prevailing Wage Director with Department of Labor and Industry will lift the hood and show how wages are determined.

We have applied for CLE credits, and will update upon approval.

FREE to AGC members / $100 for non-members (subject to availability).

REGISTER

Adapting to Cost Uncertainty: New Independent Contractor and Employment Laws

 

Price volatility in construction is here to stay and significant changes to Minnesota's independent contractor and employment laws will impact the industry on July 1, 2024. What can employers and owners do? Click here to read more.


By John Holper, Michael Pfau, and Janine Loetscher, Bassford Remele

Oral Fluid Drug Testing Is Now Permissible:

Tom Revnew – Littler Mendelson


Minnesota recently amended its Drug and Alcohol Testing in the Workplace Act (DATWA) to allow the use of “oral fluid testing” for drug, alcohol, and cannabis testing for applicants and employees effective August 1, 2024. This change does not expand or otherwise alter when an employer is legally allowed to test, or what they are allowed to test for; but now oral fluid testing which is popular with contractors because it does not require the use of a laboratory. Oral fluid testing will still need to be undertaken in compliance with statutory rules, including a requirement that the individual being tested must receive the test results at the time of testing. 


In addition, anyone who receives a positive, inconclusive, or invalid result from an oral fluid test must be provided the opportunity to undergo laboratory test at the employer’s expense, if requested by the applicant or employee within 48 hours of the oral fluid test. If the applicant or employee fails the laboratory test, they are entitled to request a second retest at their own expense.  Contractors will still need to follow all other provisions of DATWA, including offering rehabilitation on the first positive test. Contractors who are considering implementing the use of “oral fluid testing” should update their drug testing policies to comply with state law obligations.


More information on changes to Minnesota employment laws can be found here.

2024 Legislative Session Summary


This year’s session outcomes were a mixed bag for the MN construction industry, which is not uncommon considering the breadth of issues that affect our people and industry. After almost a decade of advocacy, AGC and many of its partners found legislative champions to enact meaningful changes to excavation law to improve worker and public safety.


Learn about this and more policy impacts in AGC of MN’s 2024 Legislative Summary.

GENERAL NEWS

Constructability Review Request:

Veteran's Memorial Bridge Project


MnDOT is asking potential contractors to assist with evaluating construction staging/access and risks to delivering this bridge re-deck project. Contractors who wish to participate in providing feedback are asked to do their due diligence learning about the project and come prepared to discuss the questions provided. The meetings are expected to last approximately 90 minutes. More information here.


July 16-19, 2024 has been selected as the Department’s desired time period for constructability reviews. Please contact Glen Coudron, MnDOT’s Project Manager at 507-327-6232 or glen.coudron@state.mn.us to schedule a meeting. 

Leveraging Project Execution for Any Organization’s Success


Why do some construction companies merely survive while others thrive? Discover the secrets to creating high-performing project teams and integrating them into a high-performing organization.


In this online, livestreamed event on July 9, Klaus will share how LeanProject helps leaders reliably execute successful construction projects, and how the same concepts can help you create a great construction organization. Checklists, schedules and processes alone are not enough to create truly high-performing teams. Learn more and view.

Register for Upcoming Supervisory Training Program (STP) Classes


After our annual summer break, STP classes begin again in August and continue into December.


Register now for any/all of the following units:


Communication Credentials Session 2:

Managing Difficult People


It can be difficult for professionals to feel heard, be taken seriously, manage critical relationships, or have the courage to address inappropriate comments at their own expense.


That’s why you need to learn and practice specific power phrases to help manage any difficult conversations at work, and still preserve your reputation.


In this session on September 19 we’ll cover:


  • The theory of power phrases and how they help amplify your voice while staying true to who you are.
  • Common biased scenarios and the power phrases you can use to change topic with ease and power.
  • How to respond to unreasonable requests and behaviors from clients (such as quick turnarounds, ignoring protocol, and refusing to pay debt obligations).
  • How to say what you want and maintain a respected position of power while overcoming project delays or errors and promoting yourself and your team.
REGISTER

AGC of America Virtual Member Orientations


Are you taking advantage of all the benefits an AGC membership gives you? All members are welcome to take part in these virtual sessions (via Teams) that will highlight the discounts and other benefit programs available to all members.


DIVERSITY, EQUITY, & INCLUSION (DEI) NEWS

AGC of America Announces the 2024 Diversity & Inclusion Assessment: A Critical Tool for Progress and Celebration


AGC of America is thrilled to announce the opening of the 2024 Diversity & Inclusion (D&I) Assessment, a tool designed to help construction firms establish a baseline, measure progress, and celebrate their successes in their D&I programs, policies, and practices.

 

The construction industry has made significant strides in fostering inclusive workplaces, but measuring progress remains a challenge. The D&I Assessment addresses this need by providing a comprehensive and confidential platform for benchmarking against industry peers. It is the only tool tailored specifically for construction companies, allowing for a more accurate assessment on your company’s current D&I efforts.

Learn more and take the assessment

AGC Members: the "click here to take the D&I Assessment" link will not work for you until you are logged in on agc.org. Your membership with AGC of MN automatically gives you a membership with AGC of America, but you still need to create your own login credentials by going to AGC's home page, clicking the silhouette of a person at the top right, selecting "create new account" (if you don't already have an account), and then registering, being sure to connect yourself to your firm so that you are marked as a member.


Once you have those credentials and log in, you can access any member benefits, including the free D&I assessment. Your AGC of Minnesota login credentials are not the same as your AGC of America login credentials. Contact Renee with any questions or issues.

MENTAL HEALTH NEWS

It's Time to Make Mental Health an Industry Priority


Great progress has been made in a short time to increase awareness of the construction industry’s mental health crisis. More recently, the concept of worker wellbeing has emerged, transcending an individualized focus on helping those already in crisis, and instead proactively identifying and working to mitigate the stressors found in our unique industry business model with its inherent demands.  


Spearheaded by AGC, the Worker Wellbeing Initiative Strategy Team has embarked on a comprehensive strategy approach that brings together all three industry partner segments (employers, workforce, and project owners) to foster a secure and healthy work environment for all construction industry workers. Engaged and productive dialogue is being focused to identify proactive measures that can reduce industry mental health stressors before they take hold and manifest in crisis outcomes. This holistic approach aims to tackle the mental health crisis that is hindering growth within our industry by prioritizing mental health on parallel with physical safety and wellbeing.

JOIN THIS IMPORTANT WORK TODAY!

EVENTS & NETWORKING

Registration is open for all of the following events.

Secure your sponsorship or registration before events are sold out!

Summer Networking Event - July 10

(Hoops Brewing Co. | Duluth)


Join the AGC Board of Directors and your industry colleagues for some informal networking!

Summer Mini Summit

(MN Senate Building | St. Paul)


Join us for a mini summit on July 17 to provide updates on significant legislative changes and more! 

Golf Tournament - August 2

(Keller Golf Course | Maplewood)


SOLD OUT for golfers, but great sponsorship opportunities still available!

St. Paul Saints Game - August 7

(CHS Field | St. Paul)


Join AGC and MBEX members for an afternoon of Minnesota Twins AAA baseball against the Columbus Clippers!

Sporting Clays Fundraiser - Sept 11

(Minnesota Horse & Hunt Club | Prior Lake)


Register your team of 5 to join us at the 25th Annual Sporting Clays Fundraiser to benefit the AGC of Minnesota Foundation!

Communication Credentials:

Managing Difficult People - Sept 19

(Mendakota Country Club | Mendota Heights)


Join us for Session 2 in this 4-session professional development series!

Fall Networking Event - October 10

(Somerby Golf Club | Byron)


Join the AGC Board of Directors and your industry colleagues for some informal networking!

Holiday Reception - December 4

(Minneapolis Event Center)


Raise a glass to another year in the industry together with your peers!

AGC Honors 2025 - February 18

(317 on Rice Park Event Center | St. Paul)


Join us as we honor award recipients!   

ATTENDEES:

2025 Minnesota Construction Summit

February 19-20

(St. Paul RiverCentre)


Don't miss the industry event of the year! 

SPONSORS & EXHIBITORS:

2025 Minnesota Construction Summit

February 19-20

(St. Paul RiverCentre)


Don't miss the industry event of the year! 

MEMBERSHIP NEWS

Thank You to our 2024 Annual Partners!

EVENTS

Don't Miss These Events!


Register now for these upcoming AGC events:


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Associated General Contractors of Minnesota 

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651-632-8929