ABC-VA Blog

From monthly archives: May 2021

We are pleased to present below all posts archived in 'May 2021'. If you still can't find what you are looking for, try using the search box.

ABC Beltway Blueprint

ABC Responds to Treasury PLA Guidance:

In a letter to U.S. Treasury Secretary Janet Yelen, ABC expressed concerns anout Treasury’s guidance on $350 billion worth of federal funding for state and local fiscal recovery allocated in the American Rescue Plan, and the encouragement of project labor agreements on federally assisted water, sewer, and broadband projects. .

ABC’s letter highlights our support for fair and open competition in federal contracts for construction jobs and requests that Treasury further provide guidance that clarifies that state and local governments are in no way required to mandate PLAs on eligible construction projects and that the federal government’s encouragement of PLAs will not become a mandate or requirement at a later date.

While the guidance does not mandate tying PLAs to federal assistance, it is a sign of the efforts this administration is taking to support PLAs and other costly labor provisions that would have damaging effects on the construction industry.

 

Infrastructure Update:

While negotiations on a larger federal infrastructure investment continue, the Senate Environment and Public Works Committee released its bipartisan surface transportation bill. The Surface Transportation Reauthorization Act of 2021 sets a new baseline funding level at a historic high of $303.5 billion for Department of Transportation programs for highways, roads, and bridges. This marks an increase of more than 34 percent from the last reauthorization to pass Congress, the FAST Act, in 2015.

Full text of the Surface Transportation Reauthorization Act can be found here along with a section-by-section. Notably, the bill includes several ABC priorities such as no PLA mandates, codification of the one federal decision for environmental review and requirements for major infrastructure projects and additional tools to make the review requirements under the National Environmental Policy Act (NEPA) more efficient. Additionally, the bill would provide states more flexibility to support transportation workforce development and education.

The bill is expected to go through a committee markup on Wednesday, and ABC will provide additional updates to the bill’s progress.

 

OSHA Revises FAQ on Recording Adverse Reactions Related to COVID-19 Vaccinations:

ABC is pleased that the U.S. Department of Labor’s Occupational Safety and Health Administration has re-evaluated its frequently asked question on recording adverse reactions related to COVID-19 vaccinations. 

On May 10, ABC, as a steering committee member of the Construction Industry Safety Coalition, wrote to OSHA urging it to review and revise its recently issued FAQs, on whether employers must record adverse reactions caused by COVID-19 vaccinations that are required and/or recommended by employers. Refer to the Newsline article on this issue to learn more.

 

Revised OSHA FAQ:

Are adverse reactions to the COVID-19 vaccine recordable on the OSHA recordkeeping log?

DOL and OSHA, as well as other federal agencies, are working diligently to encourage COVID-19 vaccinations. OSHA does not wish to have any appearance of discouraging workers from receiving COVID-19 vaccination, and also does not wish to disincentivize employers’ vaccination efforts. As a result, OSHA will not enforce 29 CFR 1904’s recording requirements to require any employers to record worker side effects from COVID-19 vaccination through May 2022. We will reevaluate the agency’s position at that time to determine the best course of action moving forward.

 

Section 1031 Webinar:

The Real Estate Roundtable is leading a coalition of organizations, including ABC, to push back against President Biden’s proposal to restrict section 1031 of the tax code allowing for real-estate like-kind exchanges. RER is holding a briefing for Members of Congress, staff, and stakeholders that will explain what a like-kind exchange is, describe how they are used to finance economic development and support local communities, and examine the potential unintended consequences of legislative changes. The meeting will be held virtually on Thursday, May 27, 2021, 2:00 - 3:00 PM ET, and members may REGISTER here.

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ABC Beltway Blueprint: Infrastructure Update

Infrastructure Update:

Today, the top Republican negotiator in a potential infrastructure deal, U.S. Senator from West Virginia Shelley Moore Capito, signaled positive conversations with the administration on efforts to reach a bipartisan deal that would avoid a partisan, reconciliation package pushed through Congress by Democrats.

In an interview, Sen. Capito said the next two weeks will be critical in determining whether there’ll be a deal with the White House. She doubted, however, that a bill can make it through the House and Senate by a July 4 deadline proposed by House Speaker Nancy Pelosi. Sen. Capito and other Republicans met Tuesday with Transportation Secretary Pete Buttigieg, Commerce Secretary Gina Raimondo, National Economic Adviser Brian Deese and other administration officials to discuss a revised Republican counteroffer to Biden’s $2.25 trillion infrastructure proposal, which married physical transportation improvements with social spending and corporate tax increases.

Republicans are set to increase their initial $568 billion counteroffer though have not given a specific on how high they are willing to go. Additionally, Capito said she expects the White House to respond to the GOP ideas, hopefully Thursday or Friday.

Additionally, House Republicans introduced their Surface Transportation reauthorization bill, the STARTER Act 2.0. (Section by Section) Unfortunately, an explicit Davis Bacon requirement is included on the BUILD Grants section, though the bill contains no PLA mandates and does contain ABC-supported federal permit streamlining language.

Here are some top lines of STARTER Act 2.0:

Surface Transportation

  • $400 billion reauthorization of FAST Act programs.
  • Increases the Private Activity Bonds cap from $15 billion to $45 billion.
  • Reauthorizes the discretionary grant program that promotes nationally and regionally significant infrastructure projects that improve the efficiency of freight movement (INFRA).
  • Makes permanent the BUILD Grant program, which funds multi-modal projects that encourage the economic viability of the Nation, a metropolitan area, or a region, and authorizes $1 billion per year for FY22-FY26.
    • Davis-Bacon requirement on projects funded under this section.

 

Environmental Reviews for Major Projects

  • Sets a government-wide goal of limiting the time required for environmental reviews and authorization for major infrastructure projects to two years from the publication of a notice of intent to prepare an environmental impact statement (EIS), to issuance of a record of decision (ROD) under the National Environmental Policy Act (NEPA).
  • Requires federal agencies to develop a single permitting timetable for environmental review and authorization decision. (One Federal Decision).
  • Sets page limits of 150 pages for an EIS, and 75 pages for an environmental assessment (EA).
  • Permits a project sponsor to assist agencies in conducting environmental reviews to help speed up the process and to resolve issues without taking control or authority away from the lead agency.
  • When determining whether the effects of a Federal action are significant, agencies must only consider the reasonably foreseeable effects with a reasonably close causal relationship to the action being considered and may not consider the cumulative effects of the action in conjunction with other actions.

 

Surface Transportation System Funding Alternatives

  • Encourages more states and groups of states to participate in the program while building on the successful state pilots to-date.
  • Expands the focus on data collection and analysis to deliver actionable recommendations to begin implementing a national VMT program.
  • Creates a national pilot program established by DOT, in consultation with the Department of the Treasury (Treasury) to test vehicle miles travelled (VMT) reporting systems and revenue collection mechanisms.

 

Steel and Aluminum Trade:

The United States and the European Union agreed on Monday not to escalate their dispute over U.S. steel and aluminium tariffs, averting steep EU tariff hikes while the two sides launch formal talks on addressing excess global capacity largely centered in China. However, the United States will maintain its tariffs of 25% on steel and 10% on aluminum despite the announcement. Those duties also apply to imports from China, India, Norway, Russia, Switzerland, Turkey, Japan and South Korea among others metals-exporting countries. While the move is a step in the right direction, ABC continues to advocate for President Biden to roll back these tariffs unilaterally to further benefit the U.S. economy.

ABC also circulated a coalition letter the other week for members to sign. Link to the letter is here.

 

Senate CRA on EEOC:

Today, the Senate passed S.J.Res.13, which would use the Congressional Review Act to disapprove the “Update of Commission's Conciliation Procedures” finalized by the Equal Employment Opportunity Commission (EEOC). The resolution has not yet been passed by the House.

ABC previously signed a letter in opposition of this CRA resolution, and support of EEOC’s new procedures that ABC believes strike a fair balance for claims brought under Title VII of the Civil Rights Act, the Americans with Disabilities Act, the Genetic Information Nondiscrimination Act, and the Age Discrimination in Employment Act.
 

Section 1031 Webinar:

The Real Estate Roundtable is leading a coalition of organizations, including ABC, to push back against President Biden’s proposal to restrict section 1031 of the tax code allowing for real-estate like-kind exchanges. RER is holding a briefing for Members of Congress, staff, and stakeholders that will explain what a like-kind exchange is, describe how they are used to finance economic development and support local communities, and examine the potential unintended consequences of legislative changes. The meeting will be held virtually on Thursday, May 27, 2021, 2:00 - 3:00 PM ET, and members may REGISTER here.

 

Coalition Member Hosts Tax Webinar:

The S Corp Association held a tax webinar last week and have shared with ABC and other coalition members of the Parity for Main Street Employers Coalition. The presentation focused on the “Triple Threat” pass-throughs face from the Biden-Harris administrations proposed tax plan — it would raise taxes on their operations, their sale, and when they are passed on to the next generation. A recording of the webinar is available here. And if you’d like a copy of the PowerPoint presentation used, click here to download it.

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ABC Beltway Blueprint: ABC Supports Joint Employer Bill, DOL Seeks Nominees and more

ABC Supports Joint Employer Bill:

Last week, ABC joined 65 organizations in support of legislation introduced by Sen. Marshall and Rep. Comer, the Save Local Business Act, that would clarify the joint employer standard. ABC was also quoted in the press release for the bill, stating:

“Efforts by Democrats in Congress and the White House to redefine and expand the joint employer standard under the dangerous PRO Act (S. 420/H.R. 842) would disrupt hundreds of thousands of business operations throughout the country and threaten the ability of America’s workers to achieve the American dream of owning their own business. ABC thanks Senator Marshall and Rep. Comer for introducing this critical legislation to ensure stability in the economy and help contractors and subcontractors across the country recover from the COVID-19 pandemic. We support the Save Local Business Act and urge Congress to act swiftly to pass it,” said Kristen Swearingen, Vice President of Legislative & Political Affairs, Associated Builders and Contractors.


DOL Seeks Nominees for Re-established Apprenticeship Committee

On May 4, the U.S. Department of Labor issued a notice re-establishing the Advisory Committee on Apprenticeship and calling for membership nominations. According to a DOL news release, the ACA will include a diverse set of stakeholders from across the nation – including unions, employers, apprentices, community colleges and other institutions – to build a Registered Apprenticeship Program that works in all communities. The deadline to submit nominations is June 3, 2021. ABC National will nominate Vice President of Health, Safety, Environment and Workforce Development Greg Sizemore to serve on the committee.

Additionally, the DOL will host a public webinar on May 20 from 11-12 p.m. ET to provide stakeholders and interested parties with an overview of the structure and work of the ACA, the Departmental goals around diversity and balance for the Committee, and to answer questions from individuals interesting in applying, or nominating someone to serve on the ACA.

Interested parties can register for the webinar here; registration for this event is limited and seating is on a first-come, first-served basis.

 

ABC Urges Revisions to OSHA’s Latest FAQs Regarding COVID-19 Vaccine Adverse Reactions

On May 10, ABC, as a steering committee member of the Construction Industry Safety Coalition, wrote to the U.S. Department of Labor’s Occupational Safety and Health Administration urging it to review and revise its recently issued Frequently Asked Questions on whether employers must record adverse reactions caused by COVID-19 vaccinations that are required and/or recommended by employers. Read more.
 

Update on ABC Lawsuit Against DOL for Withdrawal of Trump-era Independent Contractor Rule

On May 14,  the Coalition for Workforce Innovation, ABC, ABCSETX  and the Financial Services Institute filed an Amended Complaint challenging the U.S. Department of Labor’s unlawful withdrawal of the Independent Contractor Rule. The Department’s hasty and unjustified action violates the Administrative Procedure Act, compounding a violation that began when the Department improperly delayed the effective date of the Rule in March. Read the joint statement.

 

OSHA Draft COVID-19 Emergency Temporary Standard Still at OMB for Review

On April 27, the U.S. Department of Labor’s Occupational Health and Safety Administration sent a draft OSHA COVID-19 Emergency Temporary Standard to the Office of Information and Regulatory Affairs at the Office of Management and Budget for review. The review at OIRA is usually the final step in the process before a rule is officially published. At this time, neither OIRA nor DOL have made the content of the ETS public. Stakeholder meetings at OMB are now scheduled through May 24, so ABC staff does not expect the ETS to be officially published before that date. 

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ABC Beltway Blueprint: S. 1 Deadlocked, Infrastructure Talks Continue, Treasury Encourages PLAs, ABC Urges OSHA Revisions, CDC Guidance

Senate Deadlocked on S. 1:

Following a mark-up of S. 1 by the Senate Rules and Administration Committee, the ABC-opposed For the People Act, failed to move forward with a 9-9 tie for and against the bill by committee members. The tie means Senate Majority Leader Chuck Schumer (D-N.Y.) likely would have to use a Senate procedure to bring the legislation to the floor, and the failure of the final vote, as well as a key manager’s amendment by Democratic Chairwoman Sen. Amy Klobuchar, showed the difficult task Democrats will have in getting the bill through the evenly divided Senate.

ABC sent a letter to the committee, highlighting the association’s concerns with the legislation. Like H.R. 1, that passed the House earlier this year, ABC believes that S. 1 is a direct threat to associations like ABC and our ability to inform and engage our members on the issues critical to their livelihoods and the construction industry. Additionally, the bill would seek to impose disclosure requirements on ABC members, opening them up to undue targeting and harassment that could intrude on their businesses and private lives.

ABC believes that it is critical to ensure the continuation of our constitutionally protected freedom of association and the privacy of our members.


Infrastructure Talks Continue:

Following the meeting yesterday between the White House and top Congressional leadership from both parties, questions remain on a bipartisan path forward for a significant federal infrastructure proposal. While Republicans unveiled a $568 billion plan earlier this month, Senate Republican Leader Mitch McConnell has since stated that the proposal could be as much as $800 billion. However, questions surrounding what is included in a potential final package, how much it costs, and how it is paid for remain unanswered.

While Democrats have proposed increasing the corporate tax rate to pay for the infrastructure proposal, McConnell (R-Ky.) said following their meeting “We're not interested in re-opening the 2017 tax bill. We both made that clear with the president. That's our red line.” Speaker Pelosi also reiterated her intention to pass a bill in the House by July 4, following the meeting.

Another meeting today between Senate Republicans and President Biden kicked off on a positive note with the president indicating his willingness to compromise on his $2 trillion proposal.

Additionally, today the Chairman of the Senate Environment and Public Works Committee Tom Carper (D-Del.) announced that the committee is writing final language on a five-year surface transportation reauthorization bill that will be “a little bit north of $300 billion.” ABC advocated for a bipartisan process in drafting this bill and the inclusion of language to prevent PLA mandates on federal projects. We will be reviewing the legislation for any provisions having an adverse effect on the merit shop construction industry.

Earlier this week, ABC sent a letter to the White House with more than 900 signatures from chapters and ABC member companies from 47 states and DC. The letter highlights concerns with President Biden’s American Jobs Plan and recommendations for improvements to assist the construction industry, including opposition to the PRO Act, eliminating burdensome regulations, streamlining the permitting process, and supporting bipartisan workforce development efforts. The letter was also shared with congressional leadership and members of Congress.

ABC also urges members to use ABC’s resources to highlight our concerns about government-mandated PLA’s in an infrastructure package including:

  1. www.BuildAmericaLocal.com
  2. FEA website on PLAs/FOCA includes a social media kit, fact sheets, op-eds, letters, research and a donation page:  https://freeenterprisealliance.org/foca/
  3. www.TheTruthAboutPLAs.com (https://twitter.com/truthaboutplashas and https://www.facebook.com/TheTruthAboutPLAs on social media) has historical research, news and analysis about our fight against GMPLAs since 2009
  4. This PLAs & Labor page on the password protected National Connections has resources for chapter staff to fight GMPLAs as well as other Labor Relations toolkits: https://nationalconnections.abc.org/Political-Advocacy/PLAs-Labor
  5. Finally, for those of you looking for ideas to push back on state and local GMPLAs with public-facing advocacy, CLRF supported a campaign for ABC VA which produced this statewide website in 2020 for a state legislative fight and then a related microsite in 2021 to fight a local GMPLA ordinance:
    1. https://buildvalocal.com/fairfax/

 

Treasury Encourages PLAs on Federally Funded Water, Sewer, and Broadband Projects:

Earlier this week, Treasury released guidance on $350 billion worth of federal funding for state and local fiscal recovery allocated in the American Rescue Plan, which was signed into law by President Joe Biden on March 11.

As part of the interim final rule, Treasury released a fact sheet detailing how this money can be used to offset state and local budget shortfalls, support COVID-19 response efforts and address economic stabilization for households and businesses.

Unfortunately, there is pro-PLA language and other pro-union terms in the interim final rule, stating:

“Treasury’s Interim Final Rule also encourages recipients to ensure that water, sewer, and broadband projects use strong labor standards, including project labor agreements and community benefits agreements that offer wages at or above the prevailing rate and include local hire provisions.”

While the guidance does not mandate tying PLAs to federal assistance, it is a sign of the efforts this administration is taking to support PLAs and other costly labor provisions. You can view an overview of the guidance here, and ABC will be providing additional information on our plans to push back on these requirements and will update members.

 

ABC Urges Revisions to OSHA’s Latest FAQs Regarding COVID-19 Vaccine Adverse Reactions:

On May 10, ABC, as a steering committee member of the Construction Industry Safety Coalition, wrote to U.S. Department of Labor’s Occupational Safety and Health Administration urging it to review and revise its recently issued Frequently Asked Questions on whether employers must record adverse reactions caused by COVID-19 vaccinations that are required and/or recommended by employers. Read more.

 

CDC Guidance for the Fully Vaccinated:

Per the CDC: “Fully vaccinated people can resume activities without wearing a mask or physically distancing, except where required by federal, state, local, tribal, or territorial laws, rules, and regulations, including local business and workplace guidance.”

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ABC Beltway Blueprint: ABC Member Infrastructure Letter, Senate Hearing on S. 1, and the American Rescue Plan Funds

ABC Members Infrastructure Letter to White House:

Today, ABC sent a letter to the White House with more than 900 signatures from chapters and ABC member companies from 47 states and DC. The letter highlights concerns with President Biden’s American Jobs Plan and recommendations for improvements to assist the construction industry, including opposition to the PRO Act, eliminating burdensome regulations, streamlining the permitting process, and supporting bipartisan workforce development efforts. The letter was also shared with congressional leadership and members of Congress.

Of note, on Wednesday, President Biden will host the top Republican and Democratic congressional leaders at the White House for the first time to discuss infrastructure priorities, and the next day, the president hosts GOP senators to talk specifically on an infrastructure bill. If the two sides remain far apart, Democrats will likely move forward on their own through the use of budget reconciliation.

ABC also urges members to use ABC’s resources to highlight our concerns about government-mandated PLA’s in an infrastructure package including:

  1. www.BuildAmericaLocal.com
  2. FEA website on PLAs/FOCA includes a social media kit, fact sheets, op-eds, letters, research and a donation page:  https://freeenterprisealliance.org/foca/
  3. www.TheTruthAboutPLAs.com (https://twitter.com/truthaboutplashas and https://www.facebook.com/TheTruthAboutPLAs on social media) has historical research, news and analysis about our fight against GMPLAs since 2009
  4. This PLAs & Labor page on the password protected National Connections has resources for chapter staff to fight GMPLAs as well as other Labor Relations toolkits: https://nationalconnections.abc.org/Political-Advocacy/PLAs-Labor
  5. Finally, for those of you looking for ideas to push back on state and local GMPLAs with public-facing advocacy, CLRF supported a campaign for ABC VA which produced this statewide website in 2020 for a state legislative fight and then a related microsite in 2021 to fight a local GMPLA ordinance:
    1. https://buildvalocal.com/fairfax/


Senate Holds Mark Up Hearing for S. 1:

This morning the Senate Rules and Administration Committee held a hearing on S. 1, the ABC-opposed For the People Act. ABC sent a letter to the committee, highlighting the association’s concerns with the legislation.

Like H.R. 1, that passed the House earlier this year, ABC believes that S. 1 is a direct threat to associations like ABC and our ability to inform and engage our members on the issues critical to their livelihoods and the construction industry. Additionally, the bill would seek to impose disclosure requirements on ABC members, opening them up to undue targeting and harassment that could intrude on their businesses and private lives.

ABC believes that it is critical to ensure the continuation of our constitutionally protected freedom of association and the privacy of our members.


State and Local Government Eligible Use of Funds from American Rescue Plan:

Yesterday the U.S. Department of the Treasury released guidance on the eligible use of funding allocated in the American Rescue Plan, which was passed by Congress and signed into law by President Biden in March. The legislation authorized $350 billion for state and local fiscal recovery, which can be used to offset budget shortfalls, support COVID-19 response efforts, and address economic stabilization for households and businesses, among other objectives.

 

As part of the final rule, the Department of the Treasury released this fact sheet detailing eligible and ineligible use of local government funds. Notable guidance on the use of eligible funds that could affect the construction industry include:

 

  • Investing in water and sewer infrastructure: State and localities may use funding to invest in an array of drinking water infrastructure projects, such as building or upgrading facilities and transmission, distribution, and storage systems, including the replacement of lead service lines. Recipients may also use this funding to invest in wastewater infrastructure projects, including constructing publicly-owned treatment infrastructure, managing and treating stormwater or subsurface drainage water, facilitating water reuse, and securing publicly-owned treatment works.
  • Investing in broadband infrastructure: States and localities may use funds to ensure broadband be made in areas that are currently unserved or underserved. They are also encouraged to prioritize projects that achieve last-mile connections to households and businesses.
  • Replacing lost public sector revenue: State, local, territorial, and Tribal governments that are facing budget shortfalls may use Coronavirus State and Local Fiscal Recovery Funds to avoid cuts to government services. States and localities will have broad latitude to use this funding to support government services.

 
Additional information, including the amount allocated to states, counties, and metropolitan areas, can be found on the Treasury’s website.

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ABC Beltway Blueprint: ABC Slams Withdrawal of IC Final Rule

ABC Slams U.S. DOL’s Withdrawal of Trump-era Independent Contractor Final Rule:

On May 5, the U.S. Department of Labor announced the withdrawal—effective May 6—of the Trump-era independent contractor final rule. While expected, this action is extremely disappointing since ABC strongly supported the Trump DOL final rule, which would have clarified the department’s interpretation of independent contractor status under the Fair Labor Standards Act and promoted certainty for employers, independent contractors and employees. Read more.

 

Reminder--Sign on Letter to White House:

ABC is urging member companies to sign on to a letter to the administration highlighting concerns with President Biden’s American Jobs Plan and recommendations for improvements to assist the construction industry, including opposition to the PRO Act, eliminating burdensome regulations, streamlining the permitting process, and supporting bipartisan workforce development efforts. We currently have over 1,000 sign-ons and will be closing the letter and finalizing signatures tomorrow afternoon. You may view the letter and sign on here.

 

Groups Sign on Letter Opposing PRO Act:

Today, Americans for Tax Reform led a letter with more than 70 other good governance groups in opposition to the PRO Act.

ABC’s Kristen Swearingen also released a statement regarding Sen. Mark Warner’s PRO Act comments from earlier this week, saying in part: “While Senator Mark Warner (D-VA) should be applauded for articulating that provisions of the PRO Act that would force American workers into an outdated ‘1980s type of economy’ putting independent contractors out of work, we urge him to dig deeper into the rest of the PRO Act, particularly those provisions that would devastate small businesses, strip away workers’ privacy rights and force them into labor agreements that eliminate Virginia’s right-to-work protections.”

 

ABC, Coalition Push Back on White House Promotion of Government-Mandated Project Labor Agreements:

On May 5, ABC and a coalition of 16 industry and employer groups sent a letter to President Joe Biden raising concerns about the administration’s direct expansion and support of legislative policies encouraging or requiring controversial government-mandated project labor agreements on federal and federally assisted construction projects. Read more from today’s Newsline.

 

Language in Senate Clean Energy Tax Credit Overhaul Bill Would Chill Competition from Merit Shop Contractors:

On May 4, ABC sent a letter to the U.S. Senate Finance Committee Chair Ron Wyden (D-Ore.) raising concerns about provisions in the Clean Energy for America Act that would expand new government-registered apprenticeship program requirements and Davis-Bacon prevailing wage regulations onto the construction of projects receiving clean energy tax incentives. ABC is troubled by provisions in the legislation that will needlessly increase construction costs and reduce competition from qualified companies and their skilled employees who participate in the construction of the clean energy marketplace. Read more in today’s Newsline.

 

President Biden Issues Executive Order to Raise the Minimum Wage to $15 for Federal Contractors:

On April 27, President Joe Biden issued an executive order increasing the minimum wage for federal contractors, which would require federal contractors to pay a $15 minimum wage to workers working on or in connection with a federal government contract. Read more.

 

Register for the 2021 ABC Virtual Legal Conference on Thursday, June 24:

Join ABC leaders, legal and regulatory experts and government officials as they share the latest developments in labor and employment law and their impact on merit shop contractors. Learn more about the seven content-rich virtual sessions!

 

May 18 Webinar:  Marijuana Legalization: What Employers Need to Know:

Several states have enacted laws that protect employees who use marijuana outside of work and limit employers’ ability to take adverse action based on marijuana use.

Maury Baskin and Nancy Delogu of Littler Mendelson P.C., will present an overview of these new rules, employer’s rights and obligations in each state, employers’ drug testing policies and practices and recommended management actions. Learn more.

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ABC Beltway Blueprint: WH Sign-on Letter, ABC Priority Issues for Biden's First 100 Days, ETS Standard

Action Needed—Sign on Letter to White House:

ABC is urging member companies to sign on to a letter to the administration highlighting concerns with President Biden’s American Jobs Plan and recommendations for improvements to assist the construction industry, including opposition to the PRO Act, eliminating burdensome regulations, streamlining the permitting process, and supporting bipartisan workforce development efforts. We will be keeping the letter open this week to allow more time for sign-ons. You may view the letter and sign on here.

 

Biden’s First 100 Days—Impacts on Merit Shop Contractors:

From supporting the Protecting the Right to Organize Act to rolling back Trump-era regulatory actions, the Biden administration got off to a fast start delivering on its election-year promises to unions. ABC has mobilized to protect merit shop construction and provide members with status and updates on key policy actions. Get the latest on project labor agreement mandates, right-to-work laws, the independent contractor rule and more in ABC’s comprehensive analysis.
 

OSHA Sends Draft COVID-19 Emergency Temporary Standard to OMB for Review:

On April 27, the U.S. Department of Labor’s Occupational Health and Safety Administration sent a draft OSHA COVID-19 Emergency Temporary Standard to the Office of Information and Regulatory Affairs at the Office of Management and Budget for review. The review at OIRA is usually the final step in the process before a rule is officially published, which could take up to two weeks. At this time, neither OIRA nor DOL have made the content of the ETS public, but ABC has requested a meeting with OIRA to discuss its concerns with an OSHA COVID-19 ETS. Read more.

 

REMINDER--PRO Act and FOCA Paycheck Stuffers:

Paycheck stuffers highlighting the PRO Act and Fair and Open Competition are now available for ABC staff and members to utilize.  Both copies may be viewed and printed here and are also available on national connections via FEA.

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