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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 will begin enforcement of the ancillary requirements of its standards for occupational exposure to beryllium and beryllium compounds in the construction and shipyard sectors.

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ABC Supports Voter List Information Revision in NLRB Election Proposal

On Sept. 28, ABC submitted comments to the National Labor Relations Board on its proposed rule amending the agency’s representation election regulations under the National Labor Relations Act. Additionally, the ABC-led Coalition for a Democratic Workplace submitted comments in support of the NLRB’s proposal, officially titled Representation-Case Procedures: Voter List Contact Information; Absentee Ballots for Employees on Military Leave.

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Senate Confirms Two Republican, One Democratic EEOC Members

On Sept. 22 and 23, the U.S. Senate voted to confirm Andrea Lucas (R), Jocelyn Samuels (D) and Keith Sonderling (R) to serve as commissioners of the U.S. Equal Employment Opportunity Commission.

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Community Workforce Agreement Passed in New Mexico’s Largest County; ABC Advocates Repeal

On Sept. 22, Bernalillo County’s board of commissioners passed an ordinance requiring a community workforce agreement, also known as a project labor agreement, on all construction projects performed for the county that are valued at more than $7 million. The threshold was originally set at $5 million, but was raised to $7 million after a 30-day comment period following the introduction of the ordinance in August.

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House Republicans Introduce the BUILDER Act to Modernize NEPA

On Sept. 22, U.S. Rep. Garrett Graves (R-La.) introduced H.R. 8333, the Building U.S. Infrastructure Through Limited Delays & Efficient Reviews (BUILDER) Act. The legislation would codify much of the Council on Environmental Quality’s National Environmental Policy Act rulemaking, which ABC supports.

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DOL Proposes Revisions to Independent Contractor Status Under the Fair Labor Standards Act

On Sept. 22, the U.S. Department of Labor announced a proposed rule that would revise its interpretation of independent contractor status under the Fair Labor Standards Act. The DOL indicates the proposal would offer clarity to determine whether a worker is an employee under the FLSA as well as promote certainty for stakeholders, reduce litigation and encourage innovation in the economy.

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Register Today for the Latest ABC Election Briefing Update

On Thursday, Sept. 24, ABC will continue its Election Briefing Series with a national update from the National Republican Congressional Committee. It will be followed by a Mountain West and Pacific region election update on Thursday, Oct. 8, and a national update from the National Republican Senatorial Committee on Thursday, Oct. 22.

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U.S. Court Allows Trump Administration to Phase out Temporary Protected Status for 50K Immigrant Construction Workers

On Sept. 14, 2020, in a 2-1 ruling, the 9th U.S. Circuit Court of Appeals reversed and vacated a U.S. District Court’s preliminary injunction in 2018 that barred the Department of Homeland Security from implementing or enforcing its determinations to terminate Temporary Protected Status for Sudan, Nicaragua, Haiti and El Salvador while the case continued its way through the legal system.

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The Bottom Line With ABC National's Chief Economist Anirban Basu - Sept. 16, 2020

ABC’s Chief Economist Anirban Basu reports on the construction backlog indicator which rose in August, according to an ABC analysis of data published by the U.S. Census Bureau. Confidence among U.S. construction industry leaders also rose in August regarding sales, staffing levels and profit margins, according to ABC’s Construction Confidence Index. 

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U.S. DOL Clarifies Paid Leave Requirements Under the Families First Coronavirus Response Act

On Sept. 11, the U.S. Department of Labor’s Wage and Hour Division issued revisions to the Families First Coronavirus Response Act regulations, which implement paid sick leave and expanded family and medical leave. FFCRA requires private-sector employers with fewer than 500 employees and certain public employers to provide covered employees emergency paid sick leave and expanded family and medical leave. 

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ABC Explains Impacts of Obama’s Regulatory Expansion and Trump’s Regulatory Relief on Merit Shop Contractors

On Sept. 3, ABC sent a letter to  Rep. James Comer, the ranking member of the U.S. House of Representatives Committee on Oversight and Reform, explaining the negative impacts of the Obama administration’s regulatory expansion on ABC member contractors, as well as the Trump administration’s regulatory relief initiatives, which have helped to remove burdensome barriers to job creation.

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Federal Court Strikes Down Key Parts of ABC-supported 2020 Joint Employer Rule

On Sept. 8, a U.S. District Court for the Southern District of New York judge ruled that parts of the U.S. Department of Labor’s joint employer final rule, which was issued on Jan. 16, 2020, are illegal. Associated Builders and Contractors had applauded the 2020 joint employer final rule, which promised to make the joint employment test more narrow and focused when it went into effect on March 16. 

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OSHA’s Revised Beryllium Standard for Construction and Shipyard Sectors Addresses ABC’s Concerns

On Aug. 31, the U.S. Department of Labor’s Occupational Safety and Health Administration issued a final rule amending its standards for occupational exposure to beryllium and beryllium compounds in the construction and shipyard sectors. ABC and other construction organizations previously filed a settlement with the agency to effectively narrow the scope of the Obama administration’s beryllium final rule, which would have applied a comprehensive, burdensome set of requirements related to beryllium on all construction employers.

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Join us on Sept. 15 for a Virtual Meet and Greet With Sen. Todd Young (R-Ind.), NRSC Chair

The ABC PAC is kicking off the Fall Meet & Greet Series with Sen. Todd Young (R-Ind.) on Tuesday, Sept. 15, from 4:15-4:45 p.m. ET.  This event is free of charge for all ABC members who have a completed a prior authorization for this calendar year.

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The Bottom Line With ABC National's Chief Economist Anirban Basu - Sept. 2, 2020

ABC’s Chief Economist Anirban Basu reports on the national nonresidential construction spending which fell 1.2% in July, according to an ABC analysis of data published by the U.S. Census Bureau.

To learn more visit abc.org/economics.

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Minimum Wage for Federal Contractors to Increase Jan. 1, 2021

On Aug. 31, the U.S. Department of Labor’s Wage and Hour Division published a notice in the Federal Register to announce that the minimum wage for federal contractors will increase from $10.80 per hour to $10.95 per hour beginning Jan. 1, 2021.

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Register Today for the Latest ABC’s Election Briefing Series

On Thursday, Sept. 10, ABC will continue its Election Briefing Series with an exclusive Mid-America and Midwest region election update. It will be followed by two national updates from the National Republican Congressional Committee on Thursday, Sept. 24 and the National Republican Senatorial Committee on Thursday, Oct. 22.

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President Trump’s Deferral of Payroll Tax Goes Into Effect; Guidance Issued

On Tuesday, Sept. 1, President Trump’s memorandum deferring payroll tax obligations went into effect. This memorandum allows for the deferral of the employee portion of federal payroll taxes — 6.2% for social security and 1.45% for Medicare — from Sept. 1, 2020, until Dec. 31, 2020, for workers earning less than $4,000 on a biweekly basis or $104,000 annually.

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DOL Publishes FFCRA Paid Leave FAQs Related to Schools Reopening

On Thursday, Aug. 27, the U.S. Department of Labor’s Wage and Hour Division published new frequently asked questions for workers and employers regarding qualifications for paid leave eligibility under the Families First Coronavirus Response Act, specifically adding new guidance detailing paid leave options related to schools reopening.

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David Allen Company Earns AQC Credential

David Allen Co. of Raleigh, North Carolina, a member of ABC’s Carolinas and Central Florida chapters, has been awarded Accredited Quality Contractor status by ABC.

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Apply for STEP, AQC by Oct. 30 To Be Eligible for ABC’s 2021 Top Performers Ranking

ABC’s Top Performers lists—the only rankings of their kind—recognize member contractors’ achievements in safety, quality, diversity, project excellence and special designations, ranked by work hours. You must achieve STEP Gold or higher and earn the Accredited Quality Contractor designation to qualify—applications are due by Oct. 30 for consideration in the rankings.

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Construction Organizations Hail Settlement Scaling Back OSHA’s Beryllium Final Rule

On Aug. 25, ABC, the National Association of Home Builders and the Mason Contractors Association of America filed a settlement with the U.S. Department of Labor’s Occupational Safety and Health Administration to effectively narrow the scope of the beryllium final rule issued at the end of the Obama administration.

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DOL Publishes Guidance on Tracking Compensable Hours for Remote Work

On Aug. 24, the U.S. Department of Labor’s Wage and Hour Division issued Field Assistance Bulletin 2020-5, which clarifies employers’ obligations to track the hours of compensable work of employees who are teleworking. The guidance responds both to the needs created by new telework or remote work arrangements that arose in response to the coronavirus and to other telework or remote work arrangements

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CISC Releases Updated COVID-19 Prevention, Preparedness and Response Plan for Construction

The Construction Industry Safety Coalition  released an updated COVID-19 Prevention, Preparedness and Response Plan for Construction on Aug. 18. ABC, a member of the CISC Steering Committee, encourages its members to review the plan, which includes the latest protective measures and guidance on keeping workers safe on jobsites.

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Virginia Issues COVID-19 Emergency Temporary Standard

Virginia has promulgated an Emergency Temporary Standard for COVID-19 that applies to all employers performing work in the commonwealth. The rule took effect July 27, and employers are required to train workers under these requirements by Aug. 26 and have a response plan by Sept. 25.

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DOL Issues Requests for Information on Paid Leave

The U.S. Department of Labor issued two notices in July seeking feedback on its regulations implementing the Family and Medical Leave Act of 1993 and other issues concerning paid leave.

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NLRB Members Kaplan and McFerran Sworn in for Second Term

On Aug. 10, Marvin Kaplan (R) and Lauren McFerran (D) were sworn in for their second terms on the National Labor Relations Board. ABC supported Kaplan’s nomination to serve a second term and sent a letter to Senate leadership encouraging his confirmation.

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ABC Joins Coalition Letter to NDAA Conferees on Provision That Harms Small Businesses

On Aug. 12, ABC joined a coalition of business organizations in a letter to the conferees of the National Defense Authorization Act opposing a House-passed provision that would overhaul anti-money laundering regulations, including a requirement that corporations report ownership information to the U.S. Department of the Treasury. 

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Register Today for ABC’s Election Briefing Series With the Republican State Leadership Committee

On Thursday, Aug. 27, ABC will continue its Election Briefing Series with an update from special guests at the Republican State Leadership Committee. It will be followed up with a Mid-America and Midwest regional update on Sept. 10.

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General Motor’s Virtual Solutions Summit Opens Soon—Save the Date!

Join ABC business partner GM on Aug. 25 at 1 p.m. for an exclusive GM Fleet event. Be among the first to hear about new products and services. Plus, get one-of-a-kind personalized opportunities that will help your business make the right decisions for your fleet. Add this event to your calendar today!

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With Relief Talks Over, President Trump Signs Executive Orders

In lieu of the failed negotiations over additional relief funding from Congress, President Trump signed executive orders to provide expanded unemployment benefits, a temporary payroll tax deferral, eviction protection and student-loan relief.

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The Bottom Line With ABC National's Chief Economist Anirban Basu - Aug. 12, 2020

ABC reported that its Construction Backlog Indicator declined to 7.8 months in July, a decrease of 0.3 months from the June reading, according to an ABC member survey conducted from July 20 to Aug. 5. Backlog is a full month lower than in July 2019.

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Register Today for ABC Election Series—South Central Region Update

You are invited to an exclusive South Central region election update on Thursday, Aug. 13, from 3-3:30 p.m. EDT. ABC National staff will be joined by Will McAdams, president of ABC Texas. This is an update you will not want to miss. Register today!

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The Bottom Line with Anirban Basu - August 5, 2020

On this week’s episode of “The Bottom Line with ABC Chief Economist Anirban Basu,” Anirban provides an update on nonresidential construction spending in the midst of the coronavirus pandemic.

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New York Federal Court Decision Creates Uncertainty for Employers Regarding DOL Paid Leave Rule

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.

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NLRB Issues Proposal on Employee Privacy and Absentee Ballots for Workers on Military Leave

On July 29, the National Labor Relations Board issued a proposed rule titled Representation-Case Procedures: Voter List Contact Information; Absentee Ballots for Employees on Military Leave, which proposes two amendments to the representation election regulations under the National Labor Relations Act.

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ABC Asks President Trump to Review Policies that Impede Competition and Job Creation

On July 29, ABC sent a letter to President Trump applauding him for issuing two executive orders, Regulatory Relief to Support Economic Recovery and Accelerating the Nation’s Economic Recovery from the COVID-19 Emergency by Expediting Infrastructure Investments and Other Activities, which will help to remove burdensome barriers to job creation and help the economy continue to rebound from the COVID-19 crisis.

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ABC Calls for Additional Guidance and Flexibility in PPP Rulemaking

On July 27, ABC submitted comments to the U.S. Department of the Treasury and U.S. Small Business Administration on an interim final rule changing key provisions of the SBA’s Paycheck Protection Program and its loan forgiveness and loan review procedures.

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ABC Evaluates Senate Republicans’ HEALS Act COVID-19 Relief Package

On July 27, the Senate GOP finally released the HEALS Act, its $1 trillion coronavirus relief plan. This package is seen as a starting point for Republicans, teeing up what could be weeks of tough bipartisan negotiations with Democrats to provide much-needed relief in response to the COVID-19 health and economic crisis. ABC will continue to provide updates on these negotiations as they move forward.

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Facial Covering Orders Issued Across the Country

As many as 31 states and the District of Columbia now mandate the use of facial coverings in public in some form as new infections have surged across the United States in recent weeks. Some states, such as North Carolina and New Jersey, specifically mention the construction industry in their executive orders and require compliance with the order both by workers and jobsite visitors.

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Virginia Enacts Emergency Temporary Standard Related to COVID-19

On July 15, Virginia became the first state in the nation to enact an Emergency Temporary Standard to address the COVID-19 pandemic. The ETS will go into effect at the end of July.

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House Approves ABC-supported Great American Outdoors Act, Which Would Create 100,000+ Construction Industry Jobs

On July 22, The U.S. House of Representatives passed the Great American Outdoors Act (S. 3422/ H.R. 1957), which was introduced by Sen. Cory Gardner (R-Colo.), by a vote of 310-107. The bill is expected to be signed into law by President Trump. Ahead of the vote, ABC sent a letter to the House in support of the legislation, urging the swift consideration and approval of the Senate-passed version of the bill.

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ABC Delivers Member Value Amidst the Coronavirus Pandemic

Since March, ABC has supported its members and chapters with an expansive array of information, guidance and advocacy to guide them through the current coronavirus pandemic.

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Updated NEPA Regulations Will Eliminate Unnecessary Delays, Reduce Costs for Construction Sector

On July 15, the Council on Environmental Quality issued a final rule on updating and modernizing its National Environmental Policy Act regulations.

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DOL Issues Additional Compliance Guidance for Reopening Workplaces

The U.S. Department of Labor’s Wage and Hour Division published additional guidance to address the requirements and protections under several of the laws enforced by the agency as workplaces reopen during the COVID-19 pandemic.

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ABC PAC Hosts Meet and Greet Series July 28

ABC’s political action committee is hosting two upcoming meet and greet events featuring Sens. David Perdue (R-Ga.) and Cory Gardner (R-Colo.) on Tuesday, July 28, where ABC members will have the opportunity to hear a real-time legislative and political update. 

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ABC Urges Congress to Include Construction Industry in Latest COVID-19 Relief Package

This week, Congress began working on the passage of additional COVID-19 relief for individuals and businesses. Negotiations will largely rely on the ability of House Speaker Nancy Pelosi, Senate Majority Leader Mitch McConnell, Senate Minority Leader Chuck Schumer and House Minority Leader Kevin McCarthy to produce a bill that both sides can agree on and that the president will sign.

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Register Today for the ABC Election Briefing From the RNC

On Thursday, July 30, ABC will continue its Election Briefing Series with an update from the Republican National Committee with special guest Elliot Echols, Trump Victory national field director. It will be followed by the South Central Region update on Thursday, Aug. 13.

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OSHA Publishes FAQs Page on COVID-19

The U.S. Department of Labor’s Occupational Safety and Health Administration published a list of frequently asked questions with tips and guidelines on various topics related to the coronavirus.

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The Bottom Line With Anirban Basu - July 14, 2020

Associated Builders and Contractors recently reported that its Construction Backlog Indicator rose to 8.1 months in June, an increase of 0.2 months from May’s reading. CBI is down approximately 8% from its June 2019 level. Every region except the Middle States experienced an increase in backlog in June compared to May, according to an ABC member survey conducted from June 20-July 1. 

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