Author: agcnews
On Mar. 19, AGC submitted comments in support of the U.S. Fish and Wildlife Service’s proposed update to the Migratory Bird Treaty Act (MBTA), which would clarify that unintended or incidental impacts to migratory birds that occur within the scope of lawful, and often necessary, business activities do not carry criminal penalties and expansive liability exposure. The proposed rule would codify and apply a uniform interpretation of the MBTA that its prohibitions do not apply to incidental take. In addition, the proposal would limit the scope of the Act to actions that are directed at migratory birds, their nests, or their eggs, and would clarify…
On March 25, AGC called on the Cybersecurity and Infrastructure Security Agency (CISA), a division of the Department of Homeland Security, to issue a revision to recent COVID-19 related guidance that will explicitly include all construction workers as “Essential Critical Infrastructure Workers.” The absence of the word “construction” from many of the critical infrastructure workforces described in the guidance has become problematic as many state and local governments appear to be overlooking the memorandum and evaluating only the descriptions included under the various listed critical infrastructure workforces. In the few instances where construction is noted or, perhaps, implicitly referenced in the list,…
On March 25, the Senate passed, 96-0, H.R. 748, the Coronavirus Aid, Relief, and Economic Security (CARES) Act. It is expected to be taken up by the House of Representatives soon. The CARES Act, a $2 trillion economic relief package, is the third in a series of coronavirus related measures Congress has taken up in recent weeks to address the pandemic sweeping the country. This legislation encompasses a host of provisions that will provide construction employers and employees with critically needed access to capital, expedited cash-flow, worker benefit protection, and critical tax relief, among other things. While this bill is appreciated, due…
The U.S. Department of Labor’s Wage and Hour Division (WHD) announced its first few rounds of published guidance to provide information to employers about meeting their requirements to offer emergency paid sick leave and paid family medical leave offered by the Families First Coronavirus Response Act (FFCRA) when it takes effect on April 1, 2020. The first set of guidance – provided in a Fact Sheet for Employees, a Fact Sheet for Employers and a Questions and Answers document – addresses critical questions, such as how an employer must count the number of their employees to determine coverage; how small businesses can obtain an exemption; how…
AGC of America’s Union Contractors Committee has scheduled quarterly conference calls for the remainder of 2020. The calls will take place on June 11, September 10, and December 10, each starting at 2:00 p.m. Eastern. Participation is open to all AGC union contractor members and chapter staff. Please mark your calendars now. Further details about registration and call-in number will be distributed later. For more info, contact Denise Gold, associate general counsel, at denise.gold@agc.org or (703) 837-5326.
The National Labor Relations Board has announced that it is postponing the effective date of its final rule modifying the prior Administration’s regulation on union representation-case procedures, often referred to as the “quickie election” or “ambush election” rule. The effective date has been pushed back from April 16, 2020, to May 31, 2020. The present rule rolls back some of the AGC-opposed provisions of the quickie election rule and provides helpful clarifications. The Board explains that the modifications “retain the essentials of the Agency’s existing representation rules but allow for a fairer and more-efficient election process.” More information on…
COVID-19 (or coronavirus) presents a formidable health and safety challenge to employers, and unionized employers also must address issues in the context of their obligations under the National Labor Relations Act (NLRA) and a collective bargaining agreement. The broad range of issues includes both mandatory subjects of bargaining and business decisions that impact the employees of the bargaining unit. Such issues include health and safety concerns, attendance and staffing issues, wage and hour issues, leave issues, changes in work schedules, layoffs, and temporary reductions in hours or closure of the business to reduce infection rates. Missteps in effectuating these major…
The chief executive officer of the Associated General Contractors of America, Stephen E. Sandherr, and the President of North America’s Building Trades Unions, Sean McGarvey, issued the following joint statement urging Government Officials to Exempt Construction Work from Regional, State and Local Work Shutdowns: “Government officials at all levels should treat the construction industry and the work it performs as vital and essential to the critical industries that must remain in operation. Construction workers provide an invaluable economic service, maintaining and improving the nation’s infrastructure, including critically important energy and communication systems, roads and bridges, and social infrastructure, including police,…
The coronavirus pandemic has caused more than one out of four contractors to halt or delay work on current projects, according to a survey released today by the Associated General Contractors of America. The survey results show how quickly market conditions have changed compared to data showing a majority of metro areas added construction jobs through January. Association officials noted that a relief bill the Senate is considering includes some favorable tax and loan provisions. But they said the bill also needs new infrastructure investments and improvements to the new paid sick and family medical leave measures. “The coronavirus pandemic has the…
On March 18, AGC, along with other coalition partners, urged Congress to support compensation for federal contractors during the COVID-19 outbreak. Legislative language was included in the letter to authorize contract equitable adjustments in cases where federal facility access limitations or denials bar contractors from performing their duties as required. For more information, contact Jordan Howard at jordan.howard@agc.org.