Author: agcnews
On May 19, 2020, the U.S. Environmental Protection Agency (EPA) proposed a rule to establish consistent requirements and procedures for the issuance of guidance documents. AGC has raised concerns previously with the use of guidance documents as “back-door regulations.” EPA Administrator Andrew Wheeler called the proposal, “…[A] major step toward increasing transparency in EPA processes and ensuring that EPA is not creating new regulatory obligations through guidance.” Comments are due on the proposal by June 22, 2020. The proposal would– The proposal comes in response to Executive Order 13891, Promoting the Rule of Law Through Improved Agency Guidance Documents (October 9, 2019),…
During the last half of May 2020, the National Labor Relations Board (“NLRB” or “Board”) issued four decisions upholding the legality of employer facially neutral work rules. Two of the decisions applied the Boeing standard to assess the legality of work rules or policies while the other two decisions restored past precedent to find that an employers’ property rights outweighed employees’ right to engage in protected activities under §7 of the National Labor Relations Act (“NLRA” or “Act”). The key highlights of those decisions, including guidance on drafting work rules and policies that are lawful under the Boeing standard, are summarized below. Key Points Government Investigation…
Get the key facts on how the Paycheck Protection Program Flexibility Act of 2020 makes significant improvements to the original program that will allow businesses more flexibility in using their loan funds. AGC’s tax, fiscal affairs and accounting expert Matt Turkstra walks through the notable changes regarding how borrowers can spend the funds, and how long they can take to spend the funds, and still qualify for loan forgiveness. This episode also covers new safe harbors for hiring or rehiring qualified employees, as well as changes in the terms of the loan and the repayment timing of any unforgiven loan…
Construction employment rebounded by 464,000 jobs in May, but the total remained 596,000 below the latest peak in February and the industry’s 12.7 percent unemployment rate was the highest for May since 2012, according to an analysis by the Associated General Contractors of America of government data released today. Association officials cautioned that the future job losses are likely as temporary federal support programs end, state and local officials deal with tighter budgets and private sector demand declines later this year. “The huge pickup in construction employment in May is good news and probably reflects the industry’s widespread receipt of…
“This new law improves upon the original Paycheck Protection Program by extending the coverage period to 24 weeks, revising the ratio of percentage of expenses allowed to be forgiven up to 60 percent payroll costs and 40 percent non-payroll, extending the maturity period for the loans from two years to five, and allowing loan recipients to defer payroll taxes through the end of 2020. Its enactment will save many construction jobs and allow thousands of construction firms to remain in business. “Having fixed several problems with a measure designed to helped firms survive, it is time for Congress and the…
U.S. The Environmental Protection Agency (EPA) proposed extensive updates to the Multi-Sector General Permit, which covers stormwater discharges from industrial activity. Construction companies that perform activities associated with cement or concrete manufacturing, asphalt paving, minerals mining, or landfill operations will all likely be impacted by the changes. AGC has several concerns with the proposed permit and submitted extensive comments with a broad coalition of industry partners on June 1, 2020. AGC’s top concerns with the permit are: (1) the aggressive and punitive structure for an Additional Implementation Measure (AIM) Program that goes beyond the settlement agreement with quarterly reporting obligations for permittees…
On June 1, the U.S. Environmental Protection Agency (EPA) finalized an AGC-supported rule to update and clarify its regulations on state water quality certifications under the Clean Water Act (CWA). This is welcome news as many AGC members perform construction activities on land and water that require section 401 water quality certification before proceeding, such as work that relies on a federal dredge and fill permit. The new rule refines the scope of the certification review to those water quality concerns at the “point source” and sets timelines to ensure the process does not become overly protracted. These changes will streamline environmental permitting for…
Construction employment declined in more than nine out of 10 metro areas from March to April, a time when industry employment typically increases in most locations, an analysis by the Associated General Contractors of America of new government data shows. Association officials said new federal transportation funding could help restore many lost construction jobs, but cautioned that new legislation released today by House Democrats includes new regulatory measures that could undermine the broader goals of the measure. “Today’s employment report shows how few areas were left unscathed by April’s unprecedented job losses,” said Ken Simonson, the association’s chief economist. “Sadly, our latest survey shows…
A new study released today finds that composite retirement plans would have fared better during the coronavirus pandemic and related market declines than traditional defined-benefit multi-employer plans, allowing participants to receive higher benefits and attracting more employer participants. The study makes it clear that employees and employers stand to benefit once Congress authorizes the use of composite plans. “Composite plans are a voluntary approach with built-in guardrails to keep plans on track that would give plan sponsors a much-needed option as they look for ways to provide sustainable lifetime income to participants,” concluded the study’s author, Josh Shapiro with the Groom Law…
In this episode, three “Lean” practitioners and advocates share their personal stories on how to increase Lean engagement on construction jobsites to reduce waste, improve workflow and add value for project stakeholders. Hear Henry Nutt of Southland Industries, Keyan Zandy of Skiles Group, and Joe Donarumo of Linbeck explain their unique approach to getting earlier and more Lean buy-in from the “boots on the ground” leaders in the field (superintendents and last planners), rather setting Lean performance goals by using a top-down approach. Discover how a “Builder’s Lean” model can produce immediate, positive change on your projects. Guests: Henry Nutt…