On January 15, 2021, the Equal Employment Opportunity Commission (EEOC) voted to approve revisions to EEOC’s Compliance Manual Section on Religious Discrimination. The Commission had not updated the Compliance Manual since 2008.

On December 15, 2020, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) issued All Agency Memorandum (AAM) 235 rescinding AAM 212 and once again confirming that surveying work is not covered by the Davis-Bacon Act. At this time, it is unclear how the new Biden administration DOL will approach this particular situation.

The U.S. Department of Labor’s Wage and Hour Division (WHD) has issued new guidance in its ongoing efforts to support the American workforce through the pandemic recovery. As employers continue to meet the challenges presented to their businesses by the coronavirus, and as telework arrangements and virtual communication increasingly provide solutions, the agency provides additional guidance to maximize the benefits of these arrangements for employers and workers alike.

Vulnerable to Rollback in New Administration

Previously Delayed Due to Covid-19 Public Health Emergency After delaying the opening of the 2019 EEO-1 Component 1 Data Collections on May 8, 2020 in light of the COVID-19 public health emergency, the U.S. Equal Employment Opportunity Commission (EEOC) has announced that the collections will now open in April 2021.

The U.S. Department of Labor announced a final rule clarifying the standard for employee versus independent contractor status under the Fair Labor Standards Act (FLSA). The rule takes effect 60 days after publication in the Federal Register, on March 8, 2021, however, AGC expects the incoming Biden administration to reexamine the rule prior to it becoming effective.

Public and private building markets, many of which are reeling from pandemic impacts, will find some respite through AGC’s success in landing significant development tax policies in the year-end COVID-relief and government funding bill enacted on December 27, 2020. These tax policies include $25 billion in tax incentives for community buildings development through the extension of the New Markets Tax Credit for five years; expanding tax credits for constructing more than 550,000 multifamily housing units via the Low-Income Housing Tax Credit; and makes permanent, with updated ASHRAE standards, the commercial building energy efficiency tax deduction (Section 179D), which encourages private development. In addition, AGC was able to ensure that some of the $82 billion for public and private K-12 schools and higher education in COVID-relief is eligible for construction/renovation projects related to pandemic needs. For a detailed analysis of what was included in the year-end bill from a construction industry perspective, click here.

Tax Credits for Voluntarily Providing Leave Temporarily Extended

Blocks up to 37% Tax Increase by Allowing Deductibility