Author: agcnews

On December 14, the Coalition for a Democratic Workplace (CDW), of which AGC is an active member, filed comments supporting the Department of Labor’s proposed rule on financial disclosure reports that unions annually must file with the Department’s Office of Labor-Management Standards. The proposed rule would expand the disclosures that unions must report on Form LM-2 and would require larger unions to file a new Forum LM-2 Long Form. While the comments suggest a number of revisions to the particulars but encourage adoption of the rule in general. They note that the Department took advantage of a decade of experience and technical advancement since…

Now with more than 660 episodes and averaging 115,000 listeners, The Peggy Smedley Show is ranked as the No. 1 IoT and digital transformation podcast. On this episode, Peggy and Brian Turmail, VP, public affairs & strategic initiatives, Associated General Contractors of America, talk about the impact of COVID-19 on construction. They also discuss: https://html5-player.libsyn.com/embed/episode/id/17136227/height/90/theme/custom/thumbnail/yes/direction/forward/render-playlist/no/custom-color/be1e2d/

On December 8, the House of Representatives passed a compromise National Defense Authorization Act for FY 2021 (NDAA). This bill authorizes $8.4 billion military construction, family housing, and Base Realignment and Closure (BRAC) cleanup activities. Earlier this year, AGC, along with a coalition of associations, sent Congress a list of over 130 priorities to consider for the NDAA. The bill is expected to pass the Senate. Some noteworthy provisions particular to construction contractors are: The defense bill is expected to be enacted into law this year, which would mark the 60th year in row. AGC will continue to work with Congress and advocate for further reforms…

The Families First Coronavirus Response Act’s (FFCRA) requirements that certain employers provide employees with paid sick leave or expanded family and medical leave for specified reasons related to COVID-19 are currently set to expire on December 31, 2020. However, there are serious legislative negotiations ongoing that could potentially include an extension of FFCRA paid leave. Any extension would have to be done legislatively and could be included in either a federal government funding bill and/or COVID compromise bill before Congress adjourns this month. Speculation is that there could be a short-term extension into and/or through the first quarter of 2021.

On December 9, the Small Business Administration (SBA) and Treasury Department issued new guidance on the “Loan Necessity Questionnaire” that SBA is requiring borrowers with loans of $2 million or more to complete as they apply for loan forgiveness. The new guidance does not expressly disavow any intention to use this controversial form to change the rules in the middle of the game but it does provide that SBA will base its review of a borrower’s eligibility for a PPP loan on the borrower’s “individual circumstances” and “in light of the language of the certification and SBA guidance,” as required “at the…

The U.S. Equal Employment Opportunity Commission (EEOC or Commission) announced that it has launched a new process for the public to request a formal opinion letter concerning Title VII and the Age Discrimination in Employment Act (ADEA) from the Commission. A formal opinion letter represents the Commission’s official position on the matter raised and reliance upon it may provide a defense to liability. A formal opinion letter is approved by a vote of the Commission and is signed by the Commission’s Legal Counsel on behalf of and as approved by the Commission. Members of the public may request a formal…

Industry Unemployment Hits Highest November Level since 2012 as Sluggish Nonresidential Building and Infrastructure Construction Lags, While Residential Employment Nears Pre-Pandemic Peak Construction employment increased by 27,000 jobs in November, as continuing robust gains in residential categories masked more sluggish increases in nonresidential jobs, according to an analysis by the Associated General Contractors of America of government data released today. Association officials cautioned, however, that pandemic-induced project cancellations and looming tax bills for firms that used Paycheck Protection Program loans to save jobs threaten to undermine future job growth in the sector. “The construction industry recovered a bit in November,…

The Construction Industry Compliance Assistance Center (the CICA Center) has updated its information on the Aerosol Can Universal Waste rule, the Lead Renovation, Repair and Painting program, and process water. Supported by the U.S. Environmental Protection Agency, the CICA Center provides “plain language” resources on federal and state environmental requirements pertaining to construction activities. AGC recommends the center as a resource for members and has contributed content to the site. Check out the recent changes below. Aerosol Can Universal Waste Rule – Members of AGC’s Environmental Forum Steering Committee worked on an explanation of the Universal Waste requirements specific to construction for…

On November 23, the U.S. Department of Transportation (U.S. DOT) issued a proposal to update its procedures for implementing the National Environmental Policy Act (NEPA). AGC is currently reviewing the proposal to prepare a response ahead of the December 23, 2020 deadline for public comment. The revision to U.S. DOT’s implementing rules is necessary to align with the new, over-arching NEPA regulation that took effect in September of this year. Furthermore, the proposal incorporates environmental review requirements from recent bipartisan infrastructure legislation: SAFETEA-LU, MAP-21, and the FAST Act. In August 2019, the U.S. DOT published two interim NEPA policies: 1) Recommends page limits of…

On November 27, the U.S. Fish and Wildlife Service released for 30 day public comment the final Environmental Impact Statement (EIS) associated with the new Migratory Bird Treaty Act (MBTA) rulemaking. The final EIS is available for public review for 30 days, after which the Service will issue a Record of Decision. The new, AGC-supported MBTA rule is undergoing review at the Office of Management and Budget and is expected to be final around the new year. Contractors employ multiple strategies to avoid migratory birds on projects; however, following the law does not reduce risk should an “incidental take” occur. The MBTA proposed…