Author: agcnews
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 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…
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 13, 2020, AGC submitted comments generally supportive of recently proposed revisions to the Nationwide Permits (NWP). The U.S. Army Corps of Engineers proposal included revisions to several NWPs, including modifications to the thresholds for streambed loss for certain permits, establishment of a new mitigation requirement, and clarifications to the pre-construction notification process. The Corps also intends to reissue the entire suite of NWPs for a new five-year cycle on an earlier timeframe (they are currently set to expire in 2022). AGC raised the following three points for the Corps to consider. In preparation of our response, AGC prepared a summary of the proposal to…
Discusses Challenges and Opportunities On December 1, AGC of America’s CEO, Steve Sandherr, met with Lieutenant General Scott A. Spellmon, the new Chief of Engineers and Commanding General of the U.S. Army Corps of Engineers, along with other senior Army Corps leaders. AGC and the Army Corps discussed LTG Spellmon’s vision for the Army Corps solutions to the challenges facing our nation’s infrastructure, and how the Army Corps can better partner with the construction industry. AGC looks forward to continuing our decades long history with the Army Corps to ensure the delivery of high-quality facilities and infrastructure and will help ensure…
As of November 30, contractors working in the state of California are required to have a written COVID-19 Prevention Plan. Modeled off the Injury and Illness Prevention Program required of all California employers, the emergency temporary standard requires a written plan that addresses hazard identification, evaluation and correction, investigation, training, physical distancing, face coverings, and other engineering and administrative controls. The standard also addresses reporting and recordkeeping and return to work criteria. Employers are required to provide notice within one business day of a potential exposure, and to offer testing at no cost to employees who may have been exposed. Employers…