On Dec. 28, 2018, the D.C. Circuit Court of Appeals ruled in the 2015 Browning-Ferris Industries v. National Labor Relations Board case, which greatly expanded joint employer liability under the National Labor Relations Act. The divided court upheld portions of the Obama-era standard for determining “joint employer” status and remanded the case back to the NLRB for further consideration.

JLG Industries Inc., an ABC strategic partner and a leading global manufacturer of aerial work platforms and telehandlers, kicked off its year-long 50th anniversary celebration on Jan. 9, marking a half-century since its founder spearheaded the access industry with the introduction of the world’s first boom lift.

On Dec. 22, 2018, at the end of the 115th Congress, President Trump signed The FIRST STEP Act, a bipartisan criminal justice reform bill that aims to reduce recidivism rates by improving educational opportunities for federal inmates and implementing modest sentencing reforms.

The federal government continues to operate under a partial shutdown affecting nine federal departments and a total of about 800,000 federal workers who have been furloughed or are working without pay. Several agencies and programs that serve the construction industry are not affected, including the Departments of Labor, Defense, Education, Energy and Veterans Affairs construction projects.

While construction industry leaders remained confident in the third quarter of 2018, optimism slipped relative to the second quarter, according to the latest Construction Confidence Index released by ABC. Approximately three in four construction firms expect that sales will continue to rise over the next six months and closer to one in 10 expect sales to decline over the next two quarters.

ABC reports that its Construction Backlog Indicator contracted to 9.04 months during the third quarter of 2018, down 8.4 percent from the second quarter and 4.3 percent lower than the same time last year. “Construction backlog reached its highest level ever during the second quarter,” said ABC Chief Economist Anirban Basu.

On Dec. 11, the U.S. Environmental Protection Agency and U.S. Army Corps and Engineers jointly issued a proposal to revise the definition of “waters of the United States” to clarify federal authority under the Clean Water Act. The proposed rule seeks to provide businesses and landowners with clear definitions of what are and what are not ‘navigable waters.’ ABC President and CEO Michael Bellaman attended the signing ceremony for the rulemaking at the U.S. EPA.

Construction materials prices fell 1.8 percent in November, according to ABC's analysis of U.S. Bureau of Labor Statistics data. Despite the monthly decline, materials prices are still 5.3 percent higher than they were on a year-over-year basis.

Construction employment expanded by 5,000 net new jobs in November, according to an analysis of U.S. Bureau of Labor Statistics data conducted by ABC. During the past 12 months, the industry has added 282,000 net new construction jobs, which translates into a 4 percent increase in total industry-wide employment.

ABC Chief Economist Anirban Basu forecasts another strong year for construction sector performance, yet warns about inflationary pressures, according to a 2019 economic outlook published in Construction Executive magazine.