Author: agcnews

The U.S. Department of Labor’s Wage and Hour Division (WHD) announced additional guidance to provide information about protections and relief offered by the Families First Coronavirus Response Act (FFCRA). The FFCRA’s paid sick leave and expanded family and medical leave requirements expired on December 31, 2020. The new guidance, in the form of Frequently Asked Questions (see questions 104 & 105) on the WHD website, addresses whether workers who did not use their leave entitlement under the FFCRA in 2020 may use such leave after December 31, 2020. It also explains how WHD will maintain its enforcement authority over employers’ leave responsibilities…

The U.S. Department of Labor announced a final rule clarifying the standard for employee versus independent contractor status under the Fair Labor Standards Act (FLSA). The rule takes effect 60 days after publication in the Federal Register, on March 8, 2021, however, AGC expects the incoming Biden administration to reexamine the rule prior to it becoming effective. The final rule includes the following clarifications: For more information, contact Claiborne Guy at claiborne.guy@agc.org or 703-837-5382.

AGC blocked a surprise federal tax increase of up to 37 percent on Paycheck Protection Program (PPP) loan forgiveness, benefiting tens of thousands of construction firms. AGC was able to secure a provision in the year-end COVID-relief and government funding bill enacted Dec. 27, 2020 that overturned the IRS position barring deductions for PPP loan-forgiven business expenses. In addition, the association secured provisions providing for expedited loan forgiveness for PPP loans less than $150,000, expanded additional expense categories for PPP loan forgiveness and more. For a detailed analysis of what was included in the year-end bill from a construction industry…

Most contractors expect demand for many types of construction to shrink in 2021 even as the pandemic is prompting many owners to delay or cancel already-planned projects, meaning few firms will hire new workers, according to survey results released today by the Associated General Contractors of America and Sage Construction and Real Estate. The findings are detailed in The Pandemic’s Growing Impacts on the Construction Industry: The 2021 Construction Hiring and Business Outlook Report. “This is clearly going to be a difficult year for the construction industry,” said Stephen E. Sandherr, the association’s chief executive officer. “Demand looks likely to continue shrinking, projects…

The U.S. Department of Labor’s Wage and Hour Division (WHD) posted announced additional guidance to provide information about protections and relief offered by the Families First Coronavirus Response Act (FFCRA). The FFCRA’s paid sick leave and expanded family and medical leave requirements expired on Dec. 31, 2020. The new guidance, in the form of Frequently Asked Questions (see questions 104 & 105) on the WHD website, addresses whether workers who did not use their leave entitlement under the FFCRA in 2020 may use such leave after Dec. 31, 2020. It also explains how WHD will maintain its enforcement authority over employers’ leave…

The U.S. Department of Labor announced a final rule clarifying the standard for employee versus independent contractor status under the Fair Labor Standards Act (FLSA). The rule takes effect 60 days after publication in the Federal Register, on March 8, 2021. However, AGC expects the incoming Biden administration to reexamine the rule prior to it becoming effective. The final rule includes the following clarifications: For more information, contact Claiborne Guy at claiborne.guy@agc.org or 703-837-5382.

Only 34 percent of the nation’s metro areas—just over one-third—added construction jobs from November 2019 to November 2020, according to an analysis of new government data that the Associated General Contractors of America released today. Association officials said large numbers of contractors are having to lay off workers once they complete projects begun before the pandemic because private owners and public agencies are hesitant to commit to new construction. “Canceled and postponed projects appear to be more common than new starts for far too many contractors,” said Ken Simonson, the association’s chief economist. “Our association’s 2021 Construction Hiring and Business Outlook Survey…

In an amicus brief filed on December 23, AGC of America urged the National Labor Relations Board to change its standard for determining the lawfulness of union displays of stationary banners and inflatable rats at the workplace of a neutral employer. The Board invited interested parties to submit amicus briefs in the case International Union of Operating Engineers, Local Union No. 150 (Lippert Components, Inc.), Case 25–CC–228342. The case provides an opportunity for the Board to reconsider the permissive approach established by the Obama Board in the 2010 Eliason & Knuth decision on bannering and in the 2011 Brandon Regional Medical Center…

In a further response to AGC pressure to restrict the use and ultimately require the Small Business Administration (SBA) to revise its Paycheck Protection Program (PPP) “Loan Necessity Questionnaire” — including the lawsuit that AGC filed against SBA on December 8 — the agency has just announced that it is providing an additional 60 days for public comment on the questionnaire and “will submit any resulting amendments to the information collection to the Office of Management and Budget (OMB) for approval.” The questionnaire is a previously secret form that the SBA is now requiring all borrowers of PPP loans over $2 million…

Construction spending was a tale of two industries again in November, as soaring single-family construction masked ongoing downturns in private and public nonresidential construction, according to an analysis of new federal construction spending data by the Associated General Contractors of America. AGC officials said the new figures underscore the need for new infrastructure investments and other measures to boost demand for nonresidential construction amid the pandemic. “Private nonresidential construction declined for the fifth-straight month in November, while public nonresidential spending slipped for the fifth time in the past six months,” said Ken Simonson, the association’s chief economist. “Unfortunately, our latest…