The Securities and Exchange Commission (SEC) recently requested public input on company disclosure of information associated with Environmental, Social and Governance (ESG) and climate change risks, impacts, and opportunities. In response, AGC’s June 11 letter to agency offered key principles for the SEC to consider: 1) support of voluntary and flexible, market-based disclosures; 2) adherence to the Supreme Court’s “materiality” standard and existing rules; 3) base disclosures on sound data and a workable framework for companies of different sizes and industries; and 4) set boundaries on the scope of reporting and limits on legal liability.

On June 23, Democratic House Leadership announced it will attach $168 billion in water and wastewater infrastructure legislation to the $547 billion surface transportation reauthorization bill for a vote on the House floor the week of June 28.

The week of June 28, the House is set to vote on the INVEST in America Act, legislation to reauthorize the nation’s surface transportation programs. This legislation passed the House Transportation and Infrastructure Committee earlier in the month on a near party-line vote. In addition to the $547 billion included in the legislation for surface transportation programs, the package also includes two other bills to reauthorize the nation’s waste and drinking water programs. While AGC is supportive of the House continuing the reauthorization process, we have reservations about some of the policies contained in the bill, such as a lack of environmental review and permitting reforms and a limitation on the ability to construct new highway capacity. As the legislative process moves forward, AGC will continue to encourage House members to make necessary improvements to the bill that will address these policies concerns.

On June 23, a bipartisan group of senators announced an agreement on a $1.2 trillion infrastructure framework with the White House. The framework—found here —includes $579 billion in new spending to rebuild America’s roads and bridges, improve public transit systems, invest in broadband infrastructure, and upgrade our airports. While this plan does appear to have bipartisan support, the path forward remains unclear, as Speaker Pelosi announced that she would not move similar legislation in the House until the Senate passed both the bipartisan infrastructure bill and partisan reconciliation infrastructure bill. In addition, there are a significant amount of details that have yet to be determined.

The Small Business Administration (SBA) intends to withdraw the “Loan Necessity Questionnaire” that has heavily burdened and delayed all applications for forgiveness of Paycheck Protection Program (PPP) loans of $2 million or more. AGC sued SBA last December for developing the form entirely in secret, and without public input, and for using the form to change the de facto requirements for the forgiveness of such loans. During lawsuit settlement negotiations, AGC learned of SBA’s decision to withdraw the questionnaire. Recently, AGC has also received an exceptionally large number of reports about SBA approving these loans for forgiveness. This is excellent news for the thousands of AGC members who accepted such loans in good faith in order to keep their people working.

Learn more at July 20-22 virtual conference, free to AGC members

Learn more at July 20-22 virtual conference, free to AGC members

Complying with statutory workplace requirements does not necessarily excuse an employer from its bargaining obligations. In Frontier Communications Corp., the National Labor Relations Board (NLRB) on May 26 upheld an Administrative Law Judge’s (ALJ) finding that an employer violated the National Labor Relations Act (NLRA) when it refused to bargain over the effects of requiring employees to submit new I-9 forms. The Board’s affirmation highlights the sensitive interaction between mandatory compliance with federal statutes and a unionized employer’s obligations under the NLRA.

The US Department of Labor's - Wage and Hour Division (WHD) - Southeast Region (Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina and Tennessee) in conjunction with the Office of Federal Contract Compliance Programs (OFCCP) is providing a free compliance assistance webinar specific for employers working on federal funded construction contracts (Davis Bacon and Related Acts).

New York and Vermont Iowa Post Biggest Monthly Losses, While Florida and Oklahoma Top Gainers; Texas and Wyoming Have Worst Job Losses from the Pandemic, as Utah and Idaho Add the Most