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��ѻ��ý of America, jointly with nine other associations that are members of the Coalition for a Democratic Workplace (“CDW”), submitted an amicus brief to the National Labor Relations Board (“NLRB” or “Board”) in a case reviewing the contract bar doctrine on October 8. The contract bar doctrine precludes a union representation or decertification election during the term of a legitimate collective bargaining agreement, up to a three-year term. The NLRB invited amicus briefs in the Mountaire Farms case to provide input as to whether the Board should rescind the contract bar doctrine, retain it as it currently exists, or retain it with modifications.

As employers face unimaginable disruptions during the pandemic, they are still bound by compliance and reporting health care requirements under the Affordable Care Act (ACA). Despite relief provided to employers to date, there remains a need for greater regulatory compliance relief. Health care requirements and compliance rules prior to the coronavirus were complex and that complexity has grown. In response to this growing complexity, the Partnership for Employer-Sponsored Coverage—of which ��ѻ��ý is a member—called on the Internal Revenue Service and Treasury Department to provide compliance safe harbors under the ACA on the affordability test along with increased time and flexibility to come into compliance.

On Oct. 5, 2020, the U.S. Environmental Protection Agency (EPA) released a draft National Recycling Strategy for public input. The strategy organizes high-level actions around three strategic objectives to improve the U.S. recycling system: 1) reduce contamination, 2) increase processing efficiency, and 3) improve markets. The draft strategy is available for public comment through December 4, 2020.

Each year, ��ѻ��ý seeks nominations for qualified and motivated individuals from the ��ѻ��ý Environmental Forum to serve on the steering committee for the forum. Would you like to play a leadership role in ��ѻ��ý of America’s environmental advocacy, education and outreach efforts?

On October 1, House Speaker Nancy Pelosi (D-Calif.) and Treasury Secretary Steven Mnuchin remained far apart from reaching an agreement on additional COVID-relief funding legislation before Congress adjourns for the November 3 election. Among the areas where agreement remains elusive include the amount of additional funding for state and local governments, businesses and schools. Consequently, House Democrats are expected to pass their own $2.2 trillion COVID-relief bill largely along party lines with little to no prospects for passage by the GOP-controlled Senate. For the construction industry, many COVID-relief priorities too will likely wait until after the election, if not 2021, including additional funding for transportation, schools, hospitals and water projects, COVID liability protections for businesses and the deductibility of Paycheck Protection Program loan funds used for business expenses. ��ѻ��ý will continue to press for enactment of these priorities.

Enacts One-Year Federal-Aid Highway & Transit Extension

Each October, construction industry professionals in HR, training and workforce development gear up for the industry’s premier learning and networking event, ��ѻ��ý’s Construction HR & Training Professionals Conference, and this year is no different. The 2020 event has gone completely virtual and will be held Oct. 6-8, 2020.

The U.S. Department of Labor announced a proposed rule clarifying the definition of employee under the Fair Labor Standards Act (FLSA) as it relates to independent contractors. ��ѻ��ý has long called for federal clarification of the independent contractor status and preservation of legitimate independent contractor relationships, such as those that have historically existed in the construction industry.

��ѻ��ý Seeks to Protect Employers’ Right to Maintain Safe Workplaces

While not ideal, enactment of a short-term continuing resolution (CR) will ensure federal agencies remain open and ongoing projects for direct federal contractors (e.g., those with contracts directly with the U.S. Army Corps, Navy, General Services Administration, etc.) remain uninterrupted through December 11. However, federal construction projects that need fiscal year 2021 funds to begin or start a new phase are prohibited from moving forward. That does not mean that all or many direct federal construction projects will grind to a halt, because the majority continue to utilize funds from previous fiscal years (thus falling outside the new project starts prohibition). Fully funding the government will be back at center stage in December. Nevertheless, ��ѻ��ý has resources available to your company in the event of a partial or complete federal government shutdown: What Contractors Should Know in the Event the Government Shuts Down.