AGC 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 AGC 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, AGC seeks nominations for qualified and motivated individuals from the AGC Environmental Forum to serve on the steering committee for the forum. Would you like to play a leadership role in AGC 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. AGC 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, AGC’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.

On September 21, AGC CEO Stephen Sandherr expressed support of a bill to streamline the federal environmental review process for infrastructure projects. Key Republicans in the U.S. House of Representatives introduced the bill, BUILDER Act -- Building U.S. Infrastructure through Limited Delays & Efficient Reviews, this week. “Congressional Committee leaders’ newly-introduced legislation will provide needed enhancements to the National Environmental Policy Act,” Sandherr said.

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. AGC 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.

AGC Seeks to Protect Employers’ Right to Maintain Safe Workplaces