ABC-VA Blog

ABC COVID-19 Update: Federal Legislative Update

Federal Legislative Update:

 

As the Senate prepares a vote Wednesday on a COVID-19 relief bill similar to one it took up in September, which was a more “targeted” package focusing on PPP and Liability relief, across Capitol Hill, House Speaker Nancy Pelosi and Treasury Secretary Stephen Mnuchin are still trying to hash out disagreements over their own deal, but as the House and White House negotiators continue to meet, they remain relatively far apart. Speaker Pelosi said on Sunday that if a deal is to be done before the election, “it would have to be in the next 24 hours.”

 

Meanwhile, the Senate Judiciary Committee will meet at 1 p.m. on Thursday, Oct. 22nd to vote on the nomination of Judge Amy Coney Barrett to the U.S. Supreme Court. The committee, led by Chairman Sen. Lindsey Graham (R-S.C.) will almost certainly send the nomination to the floor with a “favorable” recommendation, needing only a simple majority vote to advance the nomination to the full Senate. Senate Majority Leader Mitch McConnell (R-KY) announced last week that he would put the nomination on the floor as early as Friday, Oct. 23. Senate Democrats will reportedly try to filibuster the floor proceedings, although it is clear that the process can not be stopped completely, only delayed into the weekend or early next week.

 

 

SBA Flags Potential Phishing Scam Targeting PPP Borrowers:

 

Today, the U.S. Small Business Administration (SBA) sent an email describing an email scam originating from “sba-attorneys.com” that seeks to create alarm among PPP loan borrowers. The email falsely warns that PPP funds were issued to the recipient in error, and that immediate action must be taken to avoid "potential criminal liability." If you receive such an email, consider marking the item as SPAM and deleting it from your inbox. Under no circumstances should you reply to the sender or click on any of the message's embedded links (all of which have been removed here for your protection.

 

 

DOL Issues Proposal on Labor Organization Financial Disclosure Reports:

 

On Oct. 13, the U.S. Department of Labor’s Office of Labor-Management Standards issued a proposed rule to provide additional information to labor organization members and the public about the financial activities of labor organizations under the Labor-Management Reporting and Disclosure Act of 1959. According to a DOL news release, the proposal, officially titled Labor Organization Annual Financial Reports: LM Form Revisions, would revise Form LM-2, which labor organizations use to report their financial conditions and operations. Additionally, the proposal would introduce a new enhanced LM-2 Long Form for labor organizations with annual receipts of $8,000,000 or more.

 

Additional information on Form LM-2 and the LMRDA can be found on the DOL website. The public can submit written comments on this proposed rule on or before Dec. 14, 2020. The ABC-led Coalition for a Democratic Workplace plans to submit comments on the DOL proposal.

 

ABC will continue to provide updates on this rulemaking in Newsline.

 

 

TODAY - Exclusive Donor Briefing: 2020 Political Engagement:

 

You are invited to an exclusive webinar Monday, Oct. 19, at 4:30 p.m. EDT. Please join our ABC National political team as we dive into the political engagement strategy for 2020. Topics include fundraising updates, the Free Enterprise Alliance issue advocacy campaign, ABC PAC spending, state investments and more.

 

Exclusive Donor Briefing: 2020 Political Engagement

Monday, Oct. 19

4:30-5:30 p.m. EDT

REGISTER HERE

 

 

WEDNESDAY - ABC Members and Chapter Staff Only Webinar: ABC’s Fight Against Government-mandated Project Labor Agreements–A 2020 Update:

 

Get the latest update about ABC’s fight for fair and open competition against government-mandated project labor agreements. Participants will receive an overview of the contentious PLA issue and learn about the current status of federal and state policies on government-mandated PLAs and how the 2020 election outcome will shape future policies impacting the ability of merit shop contractors to compete on a level playing field to win public works contracts. Hear insights about a variety of ABC resources and legal, public relations and grassroots tactics ABC members, contractor employees and chapter leaders can utilize to become effective advocates for the merit shop contracting community in our continued fight for fair and open competition.

 

The webinar is scheduled for Wednesday, October 21, 2020 at 3 p.m. EDT  and will include speakers Ben Brubeck, Brandon Ray and Nick Steingart from ABC National’s Government Affairs team and ABC General Counsel Maury Baskin.  More information on the webinar and registration is available here.

 

 

10/21 Chapter Webinar: Collecting Workforce Data to Enhance Chapter Advocacy and Safety Efforts:

 

ABC chapter presidents, government affairs directors and chapter staff are invited to join market leader and ABC member Field Control Analytics, ABC Empire State President Brian Sampson and ABC National staff to explore technology that can capture labor data that can:

 

  • Assist ABC members with their safety practices during COVID-19 and beyond
  • Provide ABC members with critical workforce labor reports
  • Take advantage of workforce demographics data for use in political advocacy efforts, as was recently done by the Empire State Chapter

 

Chapters covering blue states and localities are strongly encouraged to attend this webinar, at 11AM EDT on Wednesday, October 21, to learn how to leverage this technology to aid political advocacy efforts. Register here.

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COVID Relief Negotiations & SCOTUS Updates

COVID Relief Negotiations Continue Amid Higher Jobless Claims:

 

This morning, the Department of Labor reported 898,000 Americans filed for new unemployment claims last week, up 53,000 from the previous week. Continuing claims fell by 1.1 million to just over 10 million. On the heels of this report, President Trump reiterated his support for a COVID relief bill. With the election about 19 days away, theirs is a reported sense of urgency to get a deal done at least when it comes to White House and Democratic negotiators, as the larger-relief-package-averse U.S. Senate is currently tied up in the SCOTUS confirmation process.   

 

However, Treasury Secretary Mnuchin threw some doubt on the White House negotiators side saying today “At this point, getting something done before the election and executing on that will be difficult.” Secretary Mnuchin and Speaker Nancy Pelosi spoke again today for an hour (as they have every day this week), but lawmakers and senior aides are increasingly acknowledging that drafting and passing a trillion-dollar-plus bill in the next 20 days is all but impossible and at best is a long-shot. Further complicating matters is Senate Majority Leader Mitch McConnell’s Tuesday pledge to hold a vote on new funding for the Payment Protection Program when the Senate returns the week of Oct. 19.

 

 

Senate on Track to Confirm Judge Amy Coney Barrett Before Election:

 

With the Senate Judiciary Committee lined up to vote and advance Judge Barrett’s nomination next week on Oct. 22, the full Senate is likely to vote by end of month. Senate Majority Leader Mitch McConnell said today that he expects Judge Barrett’s nomination will be on the Senate floor starting Friday, Oct. 23, and added that the Republican caucus has the he votes to confirm her to the Supreme court before the election.

 

 

EPA Announces Expedited Pathway for Companies to Claim Efficacy for Antiviral Products: 

 

The Environmental Protection Agency (EPA) on Tuesday released draft guidance in an effort to ensure Americans have access to as many tools as possible to clean and disinfect surfaces and protect themselves from the coronavirus. The draft guidance released by the Agency will allow companies to demonstrate that their products have "long-lasting" or "residual" effectiveness on surfaces. 

 

Traditional disinfectants only kill viruses and bacteria that are on the surface at the time they are used, while surfaces treated with residual antimicrobial products kill pathogens on surfaces for days, weeks, or years after the product is applied. The EPA will immediately begin expediting the registration process for these products and may revise the guidance after the 60-day public comment period ends. 

 

Some additional information is here.

 

 

Two Separate Presidential Candidate Town Halls Tonight:

 

Tonight, on what would have been the second out of three Presidential debates, President Trump and Joe Biden will appear at dueling, simultaneous televised forums on starting at 8 p.m. Eastern time. Biden will be hosted by ABC News in a forum held at the National Constitution Center in Philadelphia moderated by ABC’s chief news anchor, George Stephanopoulos while President Trump will be hosted by NBC News in an outdoors event at the Pérez Art Museum in Miami moderated by the “Today” show host Savannah Guthrie.

 

 

MONDAY - Exclusive Donor Briefing: 2020 Political Engagement for ABC PAC & FEA Contributors Only:

 

On Monday, Oct. 19 at 4:30 p.m. Eastern, the ABC National Political team will be hosting a webinar for all ABC PAC and FEA contributors highlighting ABC’s 2020 political engagement including: PAC and FEA fundraising updates, FEA’s 2020 issue advocacy campaigns, and ABC PAC and state investments. ABC PAC and FEA contributors can register using this link: https://attendee.gotowebinar.com/register/3344986361070052621

 

 

Recorded Webinar on the Latest Updates on DOL’s COVID-19 Paid Leave and Other Hot Topics:

 

On Wednesday, Oct. 14, 2020, ABC and ABC General Counsel Maury Baskin discussed how the revised FFCRA guidance impacts construction contractors and chapters on a webinar that is now available on ABC’s Academy for Construction Ethics, Compliance and Best Practices site, which is restricted to ABC members in management positions and chapter staff. The materials included in the Academy are intended for and limited to members of management. In order to receive log-in information and gain access to the password-protected site, the request must come from an ABC member in a management position or Chapter Staff* via the online Academy Login Request Form.

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Senate Issues Statement on COVID-19 Relief Strategy

Senate Issues Update on COVID-19 Relief Strategy Amid Pressure From Executive Branch:

 

This morning, Senate Majority Leader Mitch McConnell issued a statement vowing to hold a vote on new funding for the Payment Protection Program when the Senate returns the week of Oct. 19. McConnell said: “When the full Senate returns on October 19th, our first order of business will be voting again on targeted relief for American workers, including new funding for the PPP. Unless Democrats block this aid for workers, we will have time to pass it before we proceed as planned to the pending Supreme Court nomination as soon as it is reported by the Judiciary Committee.”

 

This statement comes after Treasury Sec. Steven Mnuchin and White House Chief of Staff Mark Meadows urged Congress to come together on a coronavirus stimulus package in a letter sent Sunday. House Speaker Pelosi and Secretary Mnuchin have renewed meetings, and are reportedly exchanging offers on some of the remaining issues. Given the President’s willingness to support a larger stimulus, revenue would be available to resolve most of the Speaker’s issues centering on families, healthcare, and schools.  This suggests the biggest remaining issues are protections from legal liability related to COVID-19, and funds for state and local governments. It remains unclear if Leader McConnell will accept any package that is around the 1.6-2 Trillion price tag, which is the range being discussed between Speaker Pelosi and Secretary Mnuchin.

 

 

TOMORROW - Latest Updates on DOL's COVID-19 Paid Leave and Other Hot Topics Webinar:

 

Date: Wednesday, Oct. 14

Time: 1 p.m. EDT

Speaker: Maury Baskin, Littler Mendelson P.C.

 

On Aug. 3, an Obama-appointed federal judge in New York nullified key sections of the U.S. Department of Labor’s rules governing paid leave under the Families First Coronavirus Response Act. Following the court decision, on Sept. 11, the DOL revised its guidance that restricted paid leave during layoffs and furloughs, required employer consent to paid intermittent leave and required employees to provide documentation before taking leave. ABC General Counsel Maury Baskin will discuss how the revised FFCRA guidance impacts construction contractors and chapters.

 

Register today.

 

 

ABC Members and Chapter Staff Webinar: ABC’s Fight Against Government-mandated Project Labor Agreements–A 2020 Update:

 

Get the latest update about ABC’s fight for fair and open competition against government-mandated project labor agreements. Participants will receive an overview of the contentious PLA issue and learn about the current status of federal and state policies on government-mandated PLAs and how the 2020 election outcome will shape future policies impacting the ability of merit shop contractors to compete on a level playing field to win public works contracts. Hear insights about a variety of ABC resources and legal, public relations and grassroots tactics ABC members, contractor employees and chapter leaders can utilize to become effective advocates for the merit shop contracting community in our continued fight for fair and open competition.

 

The webinar is scheduled for Wednesday, October 21, 2020 at 3 p.m. EDT  and will include speakers Ben Brubeck, Brandon Ray and Nick Steingart from ABC National’s Government Affairs team and ABC General Counsel Maury Baskin.  More information on the webinar and registration is available here.

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Simplified Forgiveness for PPP Loans Under $50,000 & SCOTUS Hearings Begin

SBA and Treasury Announce Simpler PPP Forgiveness for Loans of $50,000 or Less

Late last week - the SBA, in consultation with the Treasury Department, today released a simpler loan forgiveness application for Paycheck Protection Program (PPP) loans of $50,000 or less. This action streamlines the PPP forgiveness process to provide financial and administrative relief to America’s smallest businesses while also ensuring sound stewardship of taxpayer dollars.

“The PPP has provided 5.2 million loans worth $525 billion to American small businesses, providing critical economic relief and supporting more than 51 million jobs,” said Secretary Steven T. Mnuchin.  “Today’s action streamlines the forgiveness process for PPP borrowers with loans of $50,000 or less and thousands of PPP lenders who worked around the clock to process loans quickly,” he continued.  “We are committed to making the PPP forgiveness process as simple as possible while also protecting against fraud and misuse of funds.  We continue to favor additional legislation to further simplify the forgiveness process.”

“Nothing will stop the Trump Administration from supporting great American businesses and our great American workers. The Paycheck Protection Program has been an overwhelming success and served as a historic lifeline to America’s hurting small businesses and tens of millions of workers. The new form introduced today demonstrates our relentless commitment to using every tool in our toolbelt to help small businesses and the banks that have participated in this program,” said Administrator Jovita Carranza. “We are continuing to ensure that small businesses are supported as they recover.”

SBA and Treasury have also eased the burden on PPP lenders, allowing lenders to process forgiveness applications more swiftly.  

SBA began approving PPP forgiveness applications and remitting forgiveness payments to PPP lenders for PPP borrowers on October 2, 2020.  SBA will continue to process all PPP forgiveness applications in an expeditious manner.

Click here to view the simpler loan forgiveness application.

Click here to view the instructions for completing the simpler loan forgiveness application.

Click here to view the Interim Final Rule on the simpler forgiveness process for loans of $50,000 or less.

 

 

Judge Amy Coney Barrett SCOTUS Hearings Begin:

 

Today, the Senate Judiciary Committee kicked off a four-day hearing agenda on the nomination of Judge Amy Coney Barrett to be an Associate Justice of the United States Supreme Court. The in personal and virtual hybrid style hearings can be viewed via the Senate Judiciary Committee website, as well as C-SPAN and other major news outlets.

 

The hearing today focused on opening statements for the committee, and the rest of the week will follow the general past template of four days of committee action- beginning at 9 a.m. each day. The full schedule can be accessed here:

 

  • Monday, October 12, 9 am: Opening Statements -- Judge Barrett and Senators
  • Tuesday, October 13, 9 am: Senators Q/A with Judge Barrett
  • Wednesday, October 14, 9 am: Senators Q/A with Judge Barrett
  • Thursday, October 15, 9 am: Testimony and Q/A with outside witnesses

 

The hearings come 22 days before the election, with Senate Republicans intent on confirming Judge Barrett to the court before the election. Not surprisingly - the partisan battle lines have been clearly drawn. In opening speeches, Republican senators praised Barrett's judicial qualifications in glowing terms and emphasized her capability while Democrats warned that health care protections and the Affordable Care Act are at stake if the confirmation succeeds.

 

 

DOL Establishes Hotline Related to Executive Order on Combating Race and Sex Stereotyping

 

The U.S. Department of Labor’s Office of Federal Contract Compliance Programs issued a press release stating it has launched a hotline and email address to receive and investigate complaints under existing Executive Order 11246 as well as Executive Order 13950, Combating Race and Sex Stereotyping, issued by President Trump.

 

The new OFCCP Complaint Hotline to Combat Race and Sex Stereotyping can be reached at 202-343-2008 or via email at OFCCPComplaintHotline@dol.gov.

 

The order, published on Sept. 22, states, “It shall be the policy of the United States not to promote race or sex stereotyping or scapegoating in the federal workforce or in the uniformed services, and not to allow grant funds to be used for these purposes. In addition, federal contractors will not be permitted to inculcate such views in their employees.”

 

The order enables employees to file complaints alleging that a federal contractor “is utilizing training programs in violation of the contractor’s obligations under those orders.” Learn more in the DOL press release.

 

 

ABC Announces Dec. 3 Virtual Conference – Election 2020 and the Merit Shop: ABC’s Legal and Policy Forecast Conference 

 

ABC members and chapter staff and attorneys are invited to participate in Election 2020 and the Merit Shop: ABC’s Legal and Policy Forecast Conference, a virtual event packed with analysis and insights on the elections and their impact on legislative, regulatory and legal issues important to the merit shop contracting community.

 

The conference, which will take place on Thursday, Dec. 3, from 12:45 – 5:30 p.m. EST, is filled with six content-rich sessions on how the elections will shape the future of labor and employment, workforce development, workplace safety and other issues affecting the construction industry.

 

Join ABC leaders and industry legal and policy experts for a virtual conference as they share insights and analysis on the 2020 election results and their impact on various legislative, regulatory and legal issues, and learn how you can prepare your business for forthcoming challenges and opportunities.

 

This is a must-attend virtual conference for ABC members, including merit shop labor attorneys and construction contractors, and ABC chapter presidents, government affairs directors and attorneys.

 

The conference agenda can be found on the ABC website. You can register for the event here.

 

 

TOMORROW - ABC PAC Virtual Meet & Greet with House Candidates Scott Fitzgerald (R-WI-05) and Ashley Hinson (R-IA-01)

 

On Tuesday, October 13th, ABC PAC is hosting a virtual meet and greet event featuring State Sen. Scott Fitzgerald (R-WI-05) and State Rep. Ashely Hinson (R-IA-01) from 2:00 p.m. – 2:30 p.m. Central/3:00 p.m. – 3:30 p.m. Eastern.

 

This meet and greet provides an opportunity to hear an update from state elected officials on two high profile U.S. House races. Federal law requires members to sign a prior authorization form for the executive or administrative personnel of the member corporation to be solicited by ABC PAC. ABC members can complete the required prior authorization form through the Prior Authorization Portal.

 

Any members interested in the meet and greet will need to fill out the prior authorization form before attending the event. Please do not hesitate to reach out to ABC PAC at abcpac@abc.org with any questions.

 

 

WEDNESDAY - Latest Updates on DOL's COVID-19 Paid Leave and Other Hot Topics Webinar

 

Date: Wednesday, Oct. 14

Time: 1 p.m. EDT

Speaker: Maury Baskin, Littler Mendelson P.C.

 

On Aug. 3, an Obama-appointed federal judge in New York nullified key sections of the U.S. Department of Labor’s rules governing paid leave under the Families First Coronavirus Response Act. Following the court decision, on Sept. 11, the DOL revised its guidance that restricted paid leave during layoffs and furloughs, required employer consent to paid intermittent leave and required employees to provide documentation before taking leave. ABC General Counsel Maury Baskin will discuss how the revised FFCRA guidance impacts construction contractors and chapters.

 

Register today.

 

 

Nov. 4 Free Webinar on Silica Compliance

 

The U.S. Department of Labor’s Occupational Safety and Health Administration and the American Society of Safety Professionals are offering a free webinar on silica compliance.

 

Description:  In 2020, OSHA launched a national emphasis program focusing on silica compliance. The goal is to identify and reduce or eliminate worker exposures to respirable crystalline silica in general industry, maritime and construction. OSHA’s 2016 crystalline silica rule is now in full effect, and enforcement patterns and guidance are available for organizations in the construction and general industry sectors.

 

The webinar is scheduled for November 4, 2020 at 12:00 PM (Central) and will include speakers from OSHA, ASSP and CPWR. More information on the webinar and registration is available here.

 

Learn more about OSHA's Respirable Crystalline Silica standard for construction here.

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COVID-19 Relief Negotiations, Updated PPP & DOL FAQs

ABC Among Industry Groups Urging Action on COIVD-19 Relief Package:

 

Two days after President Trump shut down negotiations for a COVID-19 relief package, he has confirmed his course reversal. Joining Fox Business Network this morning, the President said “Well I shut down talks two days ago because they weren’t working out. Now they are starting to work out, we’re starting to have some very productive talks.” The President also said that House Speaker Nancy Pelosi “wants it to happen, because it’s so good for our country, we really need it.” However, the viability of any deal is still unclear, as Speaker Pelosi said this morning that “there is not standalone bill without a bigger bill.” This exchange comes at a perilous time for ailing industries as this morning, the Department of Labor reported 840,000 Americans filed for new unemployment claims last week. The number of continuing claims fell to 11.8 million, down from 12.7 million the previous week.

 

In an ENR article posted this morning, ABC called for relief for small businesses, as ABC has “continued to advocate for legislation that supports the small business community, its workforce and the U.S. construction industry." ABC also called for more funds and crucial fixes for the PPP and targeted liability relief.

 

It is still unclear if true negotiations will continue, however, congressional Republicans seem to be on the same page as the White House, as they have reportedly started to push for a legislative package that could include $1,200 stimulus checks, PPP funding, and financial aid for the airlines. Speaker Pelosi will control the fate of that push though, and given that Democrats are unlikely to support legislation that excludes aid for the unemployed and state and local governments, it is unlikely to succeed.

 

 

SBA, Treasury Release Updated PPP Guidance: 

 

Yesterday, The SBA and the Department of Treasury released updated guidance and FAQs for the Paycheck Protection Program (PPP). SBA and Treasury released the updated version of the guidance to provide additional clarification to address borrower and lender questions related to the implementation of the PPP. Specifically, this update clarifies that lenders must recognize the previously established extended deferral period for payments on the principal, interest, and fees on all PPP loans, even if the executed promissory note indicates only a six-month deferral - meaning that lenders must comply with the extended deferral period, implemented by the Paycheck Protection Program Flexibility Act of 2020, and notify borrowers of the change.

 

The new guidance, found in question No. 52 in the SBA’s frequently asked questions document is below:

  • Question: The Paycheck Protection Program Flexibility Act of 2020 (Flexibility Act) extended the deferral period for borrower payments of principal, interest, and fees on all PPP loans to the date that SBA remits the borrower’s loan forgiveness amount to the lender (or, if the borrower does not apply for loan forgiveness, 10 months after the end of the borrower’s loan forgiveness covered period). Previously, the deferral period could end after 6 months. Are lenders and borrowers required to modify promissory notes used for PPP loans to reflect the extended deferral period?
  • Answer: The extension of the deferral period under the Flexibility Act automatically applies to all PPP loans. Lenders are required to give immediate effect to the statutory extension and should notify borrowers of the change to the deferral period. SBA does not require a formal modification to the promissory note. A modification of a promissory note to reflect the required statutory deferral period under the Flexibility Act will have no effect on the SBA’s guarantee of a PPP loan.

 

 

DOL’s OFCCP Issues FAQs Addressing President Trump’s Order on Combating Race and Sex Stereotyping

 

On Oct. 7, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs issued FAQs related to President Trump’s Executive Order 13950, Combating Race and Sex Stereotyping. The order, published on Sept. 22, states, “It shall be the policy of the United States not to promote race or sex stereotyping or scapegoating in the federal workforce or in the uniformed services, and not to allow grant funds to be used for these purposes. In addition, federal contractors will not be permitted to inculcate such views in their employees.”

 

ABC general counsel Littler Mendelson P.C. wrote an analysis of the OFCCP FAQs, stating that “The new FAQs offer limited additional guidance to federal contractors.” And “As a practical matter, federal contractors that provide diversity and inclusion training to their employees—either internally or by use of outside vendors—should consider reviewing their materials and training to ensure that they do not inadvertently violate the order.  For many, their training may already be compliant.” To learn more read the Littler analysis.

 

 

ICYMI - FEA Launches Campaign Combating the PRO Act:

 

The Free Enterprise Alliance, the issue advocacy arm of ABC, has launched a new campaign aimed at informing Americans on the dangerous provisions of the Protecting the Right to Organize (PRO) Act. The campaign, which features a new website and a targeted digital video campaign — began yesterday and will run through Election Day, Nov. 3. The website can be reached here: FreeEnterpriseAlliance.org/PROAct

The launch of the new Free Enterprise Alliance website against the PRO Act also contains several resources designed to aid ABC chapters and members in our effort to stop the PRO Act from becoming law.

For additional information on this PRO Act campaign - along with a deep dive into ABC’s political investments this cycle – including FEA and ABC PAC will be covered on two upcoming webinars. The first is for ABC National and Chapter staff only – on Thursday, October 15th at 3 p.m. The Second is an exclusive ABC political donor briefing on Monday, October 19 at 4:30 p.m. The exclusive donor briefing is reserved for FEA and ABC PAC donors only. Registration for both webinars will be circulated the appropriate audiences in the coming days.

ABC highlighted the new FEA campaign on a webinar yesterday titled “New Updates on the PRO Act and its Negative Impact on Merit Shop Contractors.” The archived webinar recording is now available on ABC’s Academy for Construction Ethics, Compliance and Best Practices site, which is restricted to ABC members in management positions and chapter staff. The materials included in the Academy are intended for and limited to members of management. In order to receive log-in information and gain access to the password-protected site, the request must come from an ABC member in a management position or chapter Staff via the online Academy Login Request Form. Chapter staff can access the Academy by using their login for National Connections.

 

October 15 Presidential Debate In Flux:

 

After the Commission on Presidential Debates announced that the second of three presidential debates will be a town hall with the participants appearing virtually from remote locations - President Trump rejected the format change in favor of a rally. The debate over the debate comes as the president continues to recover from COVID-19.  Today, the Trump campaign said in a statement that they are requesting that the two remaining presidential debates between the president and Joe Biden happen in person and that they should be moved to Oct. 22, and the third debate shifted back one week to Oct. 29.

 

 

TODAY - ABC’s Election Briefing Series Powered by FEA:

 

ABC will continue its Election Briefing Series with a Regional Update featuring insights into the Mountain West and Pacific regions today at 3:00 p.m. Eastern.

 

These updates are a part of the ABC Election Update Series, which is powered by the Free Enterprise Alliance. It is reserved for ABC members and registration is free of charge thanks to our generous sponsors. Please contact Melanie Pfeiffenberger, ABC National director of political affairs, for more information at pfeiffenberger@abc.org.

 

Register here for this complimentary event: https://attendee.gotowebinar.com/register/4745395835825670160

 

 

NEXT WEEK - Webinar on DOL’s COVID-19 Paid Leave Rule and Other Hot Topics:

 

On Wednesday, Oct 14, ABC will host a webinar featuring Maury Baskin from Littler Mendelson P.C. on DOL’s COVID-19 paid leave rule and provide timely updates on other topics of interest to chapters and members. Register here

 

Webinar Description: On Aug. 3, an Obama-appointed federal judge in New York nullified key sections of the U.S. Department of Labor’s rules governing paid leave under the Families First Coronavirus Response Act. Following the court decision, on Sept. 11, the DOL revised its guidance that restricted paid leave during layoffs and furloughs, required employer consent to paid intermittent leave and required employees to provide documentation before taking leave. ABC General Counsel Maury Baskin will discuss how the revised FFCRA guidance impacts construction contractors and chapters.

 

In addition to discussing recent FFCRA updates, learn the latest on new and proposed federal rules dealing with independent contractors, joint employers, diversity training requirements for government contractors, the potential impact of the Supreme Court nominee and other election campaign issues affecting ABC members.

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Mixed Messages Over COVID-19 Relief Negotiations & FEA Launches Anti-PRO Act Campaign

Mixed Messages Over COVID-19 Relief Negotiations:

 

Tuesday afternoon, President Trump decided to delay ongoing COVID-19 relief negotiations until after the election - accusing House Speaker Nancy Pelosi of negotiating in bad faith. Effectively ending negotiations, the President Tweeted “I have instructed my representatives to stop negotiating until after the election when, immediately after I win, we will pass a major Stimulus Bill that focuses on hardworking Americans and Small Business.” However, at around 10 p.m. Wednesday, President Trump seemingly reversed course, calling on Congress to approve some additional assistance for airlines, another round of direct payments to individual Americans, and a small-business aid program via piecemeal legislation.

 

The mixed messages from the White House will certainly be a topic of debate going forward if there are renewed negotiations. It will also be a campaign point for Democrats who have already sought to paint the President’s tweets as an unwillingness to provide aid to Americans. Thus far, Democrats have largely resisted passing piecemeal bills, pushing instead for an overall agreement in a large package that is untenable for Republicans.

 

As we enter into the home stretch of the 2020 campaign, COVID-19 Relief Negotiations could prove to be more talk than action, as it is increasingly to fathom a significant bill passing on top of a contentious Supreme Court nomination and President Trump’s and other leading GOP members recent positive COVID-19 diagnoses.

 

During the latest round of congressional COVID-19 relief negotiations, ABC has continued to advocate for legislation that supports the small business community, its workforce and the U.S. construction industry. This includes additional funds to replenish the lapsed Paycheck Protection Program, which served as a vital lifeline for the U.S. construction sector, as well as critical fixes to the program that will allow small businesses to deduct expenses paid with a forgiven PPP loan from their taxes. ABC has also supported targeted liability relief legislation related to the COVID-19 pandemic that would safeguard businesses from unfair lawsuits so that they can continue to contribute to a safe and effective recovery from this pandemic. ABC will continue to update members on COVID-19 developments.

 

 

FEA Launches Campaign Combating the PRO Act:

 

The Free Enterprise Alliance, the issue advocacy arm of ABC, has launched a new campaign aimed at informing Americans on the dangerous provisions of the Protecting the Right to Organize (PRO) Act. The campaign, which features a new website and a targeted digital video campaign — began today and will run through Election Day, Nov. 3. The website can be reached here: FreeEnterpriseAlliance.org/PROAct

The launch of the new Free Enterprise Alliance website against the PRO Act also contains several resources designed to aid ABC chapters and members in our effort to stop the PRO Act from becoming law.

For additional information on this PRO Act campaign - along with a deep dive into ABC’s political investments this cycle – including FEA and ABC PAC will be covered on two upcoming webinars. The first is for ABC National and Chapter staff only – on Thursday, October 15th at 3 p.m. The Second is an exclusive ABC political donor briefing on Monday, October 19 at 4:30 p.m. The exclusive donor briefing is reserved for FEA and ABC PAC donors only. Registration for both webinars will be circulated the appropriate audiences in the coming days.

ICYMI – ABC highlighted the new FEA campaign on a webinar this afternoon titled “New Updates on the PRO Act and its Negative Impact on Merit Shop Contractors.” The archived webinar recording is now available on ABC’s Academy for Construction Ethics, Compliance and Best Practices site, which is restricted to ABC members in management positions and chapter staff. The materials included in the Academy are intended for and limited to members of management. In order to receive log-in information and gain access to the password-protected site, the request must come from an ABC member in a management position or chapter Staff via the online Academy Login Request Form. Chapter staff can access the Academy by using their login for National Connections.

 

Vice Presidential Debate Tonight:

 

Tonight, Vice President Mike Pence and Sen. Kamala D. Harris (D-CA) are scheduled to debate appear for 90 minutes at the University of Utah in Salt Lake City. The running mates of President Trump and Biden will square off from 9 to 10:30 p.m. Eastern on all of the major news channels.

 

 

TOMORROW - ABC’s Election Briefing Series Powered by FEA:

 

ABC will continue its Election Briefing Series with a Regional Update featuring insights into the Mountain West and Pacific regions tomorrow - Thursday, Oct. 8 at 3:00 p.m.

 

These updates are a part of the ABC Election Update Series, which is powered by the Free Enterprise Alliance. It is reserved for ABC members and registration is free of charge thanks to our generous sponsors. Please contact Melanie Pfeiffenberger, ABC National director of political affairs, for more information at pfeiffenberger@abc.org.

 

Register here for this complimentary event: https://attendee.gotowebinar.com/register/4745395835825670160

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President Trump Ends COVID Relief Negotiations After Leaving Walter Reed

President Trump Ends COVID-19 Relief Negotiations After Leaving Walter Reed:

 

In a series of tweets yesterday afternoon, President Trump effectively ended ongoing COVID-19 relief negotiations saying: “Nancy Pelosi is asking for $2.4 Trillion Dollars to bailout poorly run, high crime, Democrat States, money that is in no way related to COVID-19. We made a very generous offer of $1.6 Trillion Dollars and, as usual, she is not negotiating in good faith. I am rejecting their request, and looking to the future of our Country. I have instructed my representatives to stop negotiating until after the election when, immediately after I win, we will pass a major Stimulus Bill that focuses on hardworking Americans and Small Business. I have asked Mitch McConnell not to delay, but to instead focus full time on approving my outstanding nominee to the United States Supreme Court, Amy Coney Barrett. Our Economy is doing very well. The Stock Market is at record levels, JOBS and unemployment also coming back in record numbers. We are leading the World in Economic Recovery, and THE BEST IS YET TO COME!”

 

This unexpected development comes just one day after President Trump left Walter Reed National Medical Center after receiving three days of treatment for COVID-19. The President returned to the White House after his Physician Sean Conely said he had met his doctors' discharge criteria. Conley also acknowledged that "though he may not be entirely out of the woods yet, the team and I agree that all our evaluations and most importantly his clinical status support the president's safe return home where he'll be surrounded by world class medical care 24/7."

 

The tweet series ending negotiations are increasingly perplexing given the tweet that President Trump sent over the weekend from Walter Reed spurring negotiations on -  the President said the country “wants and needs” fiscal stimulus, and told negotiators to “Work together to get it done.” Heeding this weekend’s advice, negotiations continued this week with Speaker Pelosi and Treasury Secretary Mnuchin speaking over the phone for roughly one hour today and yesterday. However, with this most recent directive from the commander-in-chief, it is now clear that neither party was willing to concede on huge areas of disagreement in the negotiations. Federal Reserve Chairman Jerome Powell warned earlier today that the U.S. economy is in for a "longer than expected slog back to full recovery," and that there's little risk of "overdoing" economic support — a warning that was expected to bring negotiators together, however has clearly not swayed the President.  

 

If these tweets achieve their goal in ending negotiations - the electoral scenario is now no longer hypothetical. Democrats will campaign on the $2.2 Trillion relief package that the House passed last week and will undoubtedly blame Republicans for sabotaging the relief efforts. While clearly hoping to receive a strong mandate after the election’s outcome, Republicans are banking on winning the White House and maintaining control of the U.S. Senate. Congressional Republicans and President Trump will run on the pre-election confirmation of Judge Barrett to the Supreme Court and will wait until after the election to pass a more comprehensive relief bill with their top priorities.

 

ABC will continue to advocate for our priorities in any revived relief talks, as much of what has been negotiated by Speaker Pelosi and Secretary Mnuchin will likely carry over to the post-election period.  

 

 

TODAY - Webinar on the ABC-Opposed PRO Act:

 

On Wednesday, Oct. 7, from 3 p.m. to 4 p.m. EDT, ABC will follow the webinar from Sept. 14th in its ABC member and chapter staff education about the ABC-opposed Protecting the Right to Organize (PRO) Act. The PRO Act is problematic legislation which will have a severe negative impact on the merit shop contracting community and U.S. economy if it becomes law. Hear important insights from ABC leaders and experts about how the PRO Act will harm employers and threatens employee freedom, privacy and choice in the workplace.

 

Speakers: Maury Baskin, Littler; Jimmy Greene, ABC Michigan; Brett McMahon, Miller & Long Co.; Vance Walter, ABC National

Moderator: Ben Brubeck, ABC National

 

Register here: https://www.abc.org/Education-Training/Academy-Pages/entryid/18134/Default

 

 

THURSDAY - ABC’s Election Briefing Series Powered by FEA:

 

ABC will continue its Election Briefing Series with a Regional Update featuring insights into the Mountain West and Pacific regions on Thursday, Oct. 8 at 3:00 p.m.

 

These updates are a part of the ABC Election Update Series, which is powered by the Free Enterprise Alliance. It is reserved for ABC members and registration is free of charge thanks to our generous sponsors. Please contact Melanie Pfeiffenberger, ABC National director of political affairs, for more information at pfeiffenberger@abc.org.

 

Register here for this complimentary event: https://attendee.gotowebinar.com/register/4745395835825670160

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Coronavirus Cases Effect On Relief Negotiations, SCOTUS Confirmation, and Presidential Campaign

COVID-19 Cases Effect On Relief Negotiations, SCOTUS Confirmation, and Presidential Campaign:

 

As news over President Trump’s coronavirus diagnosis shook Washington late last week and into the weekend, several Republican Senators announced that they have also tested positive including: Sens. Thom Tillis (N.C.), Ron Johnson (WI), and Mike Lee (UT). Other GOP officials and staff who were present at Judge Amy Coney Barrett's SCOTUS nomination ceremony at the White House Rose Garden have tested positive including: Bill Stepien (Trump Campaign Manager), Kayleigh McEnany (White House Press Secretary) and Hope Hicks (Aide to the President).

 

The diagnoses in the Senate have already derailed the Senate’s October schedule, as Senate Majority Leader Mitch McConnell (R-KY) announced Saturday that the full Senate will not return until Oct. 19 — two weeks later than they had originally planned. With the House of Representatives not expected to return for the next several weeks, the Senate has chosen to prioritize the confirmation of Judge Barrett to the Supreme Court - leaving COVID-19 relief negotiations to continue in the background.

 

The calendar shuffle won’t change the upcoming SCOTUS hearings, as Majority Leader McConnell vowed that the Senate will still move ahead with Judge Barrett's nomination, with the Senate Judiciary Committee set to begin confirmation hearings on Oct. 12 led by Chairman Lindsey Graham (R-S.C.). The positive cases among the Senate’s own members could influence turnout and the eventual vote, however, as thee additional GOP senators have said they are quarantining after potential exposure to the virus - significantly narrowing the GOP 53-member majority. With the confirmation vote weeks away, the Senate Republicans will look to maintain their momentum and confirm Judge Barrett before the election.

 

While the positive COVID diagnoses and the SCOTUS battle have captured most headlines, relief negotiations between House Speaker Pelosi (D-CA) and Treasury Secretary Mnuchin are expected to continue, although the two remain far apart. While there is still hope for a deal, the Senate can’t vote on any legislation until Oct. 19 at the earliest. Additionally, after passing their unnegotiated version of the HEROES Act 2.0 last week, the House have gone back to their districts to campaign.  

 

Meanwhile, the 2020 election hangs over both legislative priorities. With, Trump campaign is down additional surrogates, the campaign is relatively shorthanded as the candidates sprint to the finish. All eyes will be on the vice presidential debate scheduled for this Wednesday.

 

 

ICYMI - OSHA Issues New FAQs on the Agency’s Injury and Illness Reporting Requirements

 

The U.S. Department of Labor’s Occupational Safety and Health Administration issued new frequently asked questions and answers regarding the need to report employees’ in-patient hospitalizations and fatalities resulting from work-related cases of the coronavirus. The FAQs help employers apply the agency’s existing injury and illness recording and reporting requirements to COVID-19.

 

FAQs on Reporting:

  1. How do I report the fatality or in-patient hospitalization of an employee with a confirmed, work-related case of COVID-19?
  2. An employee has been hospitalized with a work-related, confirmed case of COVID-19.  Do I need to report this in-patient hospitalization to OSHA?
  3. An employee has died of a work-related, confirmed case of COVID-19. Do I need to report this fatality to OSHA?

 

For information on recording cases of COVID-19, see OSHA’s revised enforcement guidance.

 

Visit OSHA’s coronavirus webpage for updates.

 

 

Register for Wednesday’s Webinar on the ABC-Opposed PRO Act:

 

On Wednesday, Oct. 7, from 3 p.m. to 4 p.m. EDT, ABC will follow the webinar from Sept. 14th in its ABC member and chapter staff education about the ABC-opposed Protecting the Right to Organize (PRO) Act. The PRO Act is problematic legislation which will have a severe negative impact on the merit shop contracting community and U.S. economy if it becomes law. Hear important insights from ABC leaders and experts about how the PRO Act will harm employers and threatens employee freedom, privacy and choice in the workplace.

 

Speakers: Maury Baskin, Littler; Jimmy Greene, ABC Michigan; Brett McMahon, Miller & Long Co.; Kristen Swearingen, ABC National

Moderator: Ben Brubeck, ABC National

 

Register here: https://www.abc.org/Education-Training/Academy-Pages/entryid/18134/Default

 

 

Today - ABC PAC Virtual Meet & Greet with Ambassador Bill Hagerty (R-TN)

 

On Tuesday, October 6th, ABC PAC is hosting a virtual meet and greet event featuring Ambassador Bill Hagerty, Republican candidate for U.S. Senate in Tennessee from 3:00 p.m. – 3:30 p.m. Eastern.

 

This meet and greet provides an opportunity to hear an update on a high-profile U.S. Senate race from Amb. Hagerty. Federal law requires members to sign a prior authorization form for the executive or administrative personnel of the member corporation to be solicited by ABC PAC. ABC members can complete the required prior authorization form through the Prior Authorization Portal.

 

Any members interested in the meet and greet will need to fill out the prior authorization form before attending the event. Please do not hesitate to reach out to ABC PAC at abcpac@abc.org with any questions.

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President Trump Tests Positive For Coronavirus, House Passes COVID-19 Relief Bill & New OSHA FAQs

President Trump Tests Positive for COVID-19:

 

President Donald Trump announced early this morning that he and First Lady Melania Trump have tested positive for the coronavirus. Soon after the announcement, Sean Patrick Conley, the president’s physician, quickly confirmed the diagnosis in a statement released by the White House. “The president and first lady are both well at this time, and they plan to remain at home within the White House during their convalescence,” Conley wrote, adding that he expected the president would “continue carrying out his duties without disruption while recovering.”

 

With just 32 days before Election Day, this diagnosis will have consequences both legislatively and politically, as the commander-in-chief will begin quarantining for an extended period of time.

 

Legislatively – it isn’t clear how much (if at all) the diagnosis will affect the several high-profile legislative battles that are being fought concurrently – including COVID-19 negotiations and the upcoming SCOTUS confirmation hearings/vote. President Trump's diagnosis could spark a new appetite for another round of COVID-19 relief before the elections, although more likely – it will drive negotiators into their partisan corners. Alternatively, Senate Majority Leader McConnell has pledged that Senate Republicans have no plans to delay Judge Amy Coney Barrett’s Supreme Court confirmation amid the positive coronavirus cases in the White House, as they will proceed with hearings later this month.

 

Politically – the effects of the diagnosis are more stark. After the announcement, the White House canceled the president’s travel plans — most notably — a rally in Florida tonight and rallies in Wisconsin over the weekend saying “All previously announced campaign events involving the President’s participation are in the process of being moved to virtual events or are being temporarily postponed." Vice President Pence, who confirmed today that he has tested negative for the coronavirus will continue to campaign.

 

Compounding the uncertainty surrounding the Republican strategy on the campaign trail going forward, the RNC announced today that its chair, Ronna McDaniel, has also tested positive for the coronavirus — meaning that not only Republicans’ presidential nominee, but also their top party official could be constrained to a limited schedule in the coming weeks. It‘s undetermined how long the president will be confined to the White House, but we do know that in other instances of positive tests, the White House has required the individual to have a week without symptoms and two negative tests before returning.

 

With Joe Biden and running mate Kamala Harris both testing negative for the virus today, the Democrats are moving forward with previously planned campaign stops. President Trump’s diagnosis ensures that Biden's team will undoubtedly seek extra caution about how they're campaigning — just as they have started increasing his in-person events. Two upcoming events of note - the next Presidential Debate is October 15th, just under two weeks away and the Vice presidential debate date next week - October 7.

 

 

Negotiations Continue Despite House Passing Partisan COVID-19 Relief Bill Amid Impasse In Talks:

 

Last night, the House passed the Heroes Act 2.0 by a vote of 214-207, with 18 Democrats opposing the bill and no Republicans voting for it. The sweeping, $2.2 trillion package as it is written, is unacceptable to Senate Republicans and doesn’t have the blessing of the President.  In negotiations this week, Speaker Pelosi and Treasury Secretary Mnuchin narrowed their differences significantly, but were ultimately unable to strike a deal – particularly on differences over aid to States, liability protections and the earned income tax credit and child tax credit.

 

Despite the House passing their bill last night, both sides committed to continue negotiating, although there’s no certainty that a deal will be reached. With 18 moderate House Democrats opposing the $2.2 trillion bill — it is clear that they are not going to accept a bill that has no chance of becoming law. Speaker Pelosi has previously promised those members that negotiations will continue on a bipartisan basis to get a bill that can win Trump's signature. However, at this point everything is up in the air – particularly with the House tentatively scheduled to leave Washington on today for a long break heading into the Nov. 3 elections and the President’s positive COVID-19 diagnosis. Nonetheless, House lawmakers have been told that as conversations surrounding additional COVID-19 relief legislation continue, it is possible that the House will meet during the month of October if a breakthrough agreement with the White House is reached in the coming days/weeks.

 

 

OSHA Issues New FAQs on the Agency’s Injury and Illness Reporting Requirements

 

The U.S. Department of Labor’s Occupational Safety and Health Administration issued new frequently asked questions and answers regarding the need to report employees’ in-patient hospitalizations and fatalities resulting from work-related cases of the coronavirus. The FAQs help employers apply the agency’s existing injury and illness recording and reporting requirements to COVID-19.

 

FAQs on Reporting:

  1. How do I report the fatality or in-patient hospitalization of an employee with a confirmed, work-related case of COVID-19?
  2. An employee has been hospitalized with a work-related, confirmed case of COVID-19.  Do I need to report this in-patient hospitalization to OSHA?
  3. An employee has died of a work-related, confirmed case of COVID-19. Do I need to report this fatality to OSHA?

 

For information on recording cases of COVID-19, see OSHA’s revised enforcement guidance.

 

Visit OSHA’s coronavirus webpage for updates.

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COVID Relief Bill Negotiations & CR Signed

Last night, House Democrats punted on a vote to pass their updated COVID-19 relief package, deciding to hold off for one more day, which will allow for one more shot at bipartisan negotiations. In its current form, the Heroes Act 2.0 (section-by-section summary) carries a $2.2 Trillion price tag – which all sides know is not a palatable total for Republicans. Yesterday, Treasury Secretary Mnuchin reportedly offered Speaker Pelosi a $1.6 Trillion compromise which, in short hand, includes - $250B for state/local, $400 weekly federal unemployment, $150B education, $75B testing/tracing, $60B rental/mortgage assistance, $15B food assistance. Secretary Mnuchin has said that “lot of progress [has been made] over the last few days.” And while this is a positive development for a deal - Speaker Pelosi reportedly has told her members during a private caucus call that there are still some major outstanding issues, including state and local money, liability reform, and overall price tag (the two proposals are the better half of $1 Trillion apart). Read a legislative breakdown of the Heroes Act 2.0 from Bracewell’s Liam Donovan here.

 

If they don’t reach a deal today, House Democrats have vowed to take their unnegotiated $2.2 Trillion bill to the floor for a vote. As it is written now, the measure would go nowhere in the Republican controlled Senate, as Mnuchin would have some convincing to do even with the $1.6 Trillion counter offer (2.2T being out of the question). If the bipartisan negotiations fail, it remains to be seen what the vulnerable moderate Democratic house members will push for. One thing is clear – they will want to pass a bill so they aren’t caught on the campaign trail totally empty handed. The partisan version of the Heroes Act might not accomplish that goal. Should a deal fail, the ABC-supported PPP discharge petition (which now has 179 out of the 218 signatures needed) could grow in support across the aisle and eventually require the House to vote on Congressman Steve Chabot’s (R-OH-01) H.R. 8265 that would free up the $138B in unspent PPP funds until Dec. 31. On the House floor today, Republican members tried to seek unanimous consent for House to debate & vote on Rep. Chabot’s H.R. 8265, but were denied. Despite the ongoing negotiations, the House could simply pass the unnegotiated version of the Heroes Act and adjourn tonight. Either way, we should learn a lot more by the actions that the House decides to take tonight.

 

Throughout these negotiations, ABC has continued to push for our legislative priorities including: replenishing the elapsed funding for the PPP, critical fixes to the PPP including tax deductibility for small businesses that have received the loans, and liability protections for businesses to prevent frivolous lawsuits related to COVID-19. ABC Members can urge their representatives to support these priorities by taking action here: https://www.votervoice.net/ABC/campaigns/76065/respond

 

 

Continuing Resolution Signed to (Barely) Avert Government Shut Down:

 

(CR)isis averted - Last night (or more accurately – early this morning), President Trump signed a continuing resolution (CR) that would fund the government until Dec. 11 - avoiding a government shutdown. The CR was cleared earlier in the day by the Senate in a bipartisan 84-10 vote. Before signing the CR, President Trump held a rally in Minnesota – which led him to briefly miss a midnight signing deadline and funding briefly lapsed, which didn’t end up halting government activity. Importantly - the CR included an ABC priority - a one-year extension of the current surface transportation law - Fixing America’s Surface Transportation (FAST) Act. Expect Government funding talks to resume in the post-election lame duck session.

 

 

DOL Issues Proposed Rule on Labor Union Accountability:

 

On September 30, the Department of Labor’s Office of Labor-Management Standards issued a proposed rulemaking meant to “increase and enhance financial transparency for unions regulated by the Labor-Management Reporting and Disclosure Act.”

 

The rule revises the annual financial disclosure form, Form LM-2, through which labor organizations report their financial conditions and operations. The rule also introduces a new Form LM-2LF for the largest labor organizations. The Department explains the purpose of the rulemaking is to “allow members to stay better informed of their union’s financial conditions and operations” and to provide a deterrent to (and means of detection of) fraud and embezzlement.

 

 

OSHA Begins Enforcement of Revised Beryllium Standard in Construction and Shipyard Sectors

 

Effective Sept. 30, the U.S. Department of Labor’s Occupational Safety and Health Administration began enforcement of the ancillary requirements of its standards for occupational exposure to beryllium and beryllium compounds in the construction and shipyard sectors.

 

According to an OSHA memorandum, the agency will assist employers that are making good faith efforts to meet the ancillary requirements of the revised final Beryllium construction and shipyard standards during the first 45 days of enforcement. Additionally, proposed citations related to inspections conducted within the 45-day timeframe will require National Office review prior to issuance. However, this good faith policy does not apply to compliance with the eight-hour permissible exposure limit and short-term (15-minute) exposure limit in the 2017 final rule issued at the end of the Obama administration.

 

More information on the revised beryllium standards can be found in Newsline and on the OSHA website.

 

 

RESPONSES NEEDED – Construction Backlog Indicator

 

During these tumultuous times for ABC member companies and workers, it’s never been more important for provide information on economic conditions so we can help our members understand the market and plan for the future. Please encourage members to complete the Construction Backlog Indicator survey, which was most recently sent on Sept. 20.

 

Please use the sign-up form or this month’s link if you have not received it.

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