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�鶹��Ƶ of America’s Union Contractors Committee will hold its next conference call on June 11, 2020, at 2:00 p.m. Eastern time. The call will feature updates from �鶹��Ƶ staff and a roundtable discussion of labor matters around the country. Participation is open to all �鶹��Ƶ members and chapter staff, regardless of committee membership. (�鶹��Ƶ nonmembers may not participate.) To register for the call, click here. Call-in information will be sent to all registrants on the day prior to the call.

North America’s Building Trades Unions (“NABTU”) and CPWR-The Center for Construction Research and Training (NABTU’s research arm) on April 27 publicly released COVID-19 Standards for U.S. Construction Sites. The document provides recommended practices for construction employers to implement at job sites designed to prevent disease, disability, and death caused by exposure to infectious disease. The practices include staff training, symptom checking, social distancing, personal hygiene, and decontamination measures.

On May 20, 2020, the U.S. Department of Labor (DOL) announced a final rule that allows employers to pay bonuses or other incentive-based pay to salaried, nonexempt employees whose hours vary from week to week. The final rule clarifies that payments in addition to the fixed salary are compatible with the use of the fluctuating workweek method under the Fair Labor Standards Act (FLSA).

The Construction Labor Research Council (CLRC) recently released its latest edition of the Union Labor Costs in Construction. The report (previously called Trends and Outlook) includes general and detailed information about trends in collectively bargained compensation in the industry, including data analyses by region, by time, and by trade. It can be a valuable resource when preparing for collective bargaining negotiations, particularly when used in conjunction with CLRC’s latest Settlements Report.

On May 11, over 135 members of the House—led by Reps. Conor Lamb (D-PA) and Bob Gibbs (R-OH)—called on Speaker Pelosi and Leader McCarthy to support approximately $50 billion in federal funding for state departments of transportation (DOTs) in the next COVID-19 response package. �鶹��Ƶ, along with other transportation construction stakeholders, spearheaded this effort. Also this week, House Democrats proposed providing $15 million in direct funding for state DOTs in their recently released HEROES Act (see above). While �鶹��Ƶ appreciates this measure, it is strongly encouraging Congress to increase the amount of funding for state DOTs as the legislative process moves forward. Such funding is essential to helping ensure planned transportation projects can proceed as planned and to helping protect construction jobs

On May 14, the Federal Motor Carrier Safety Administration (FMCSA) released the final hours of service rule in order to improve the safety of the nation’s roads and increase flexibility for truck drivers. The final rule makes changes to four provisions: the short-haul exemption; adverse driving conditions; the 30-minute break; and split-sleeper berth. The final rule does not increase driving time. Last year, �鶹��Ƶ submitted comments to FMCSA in support of the notice of proposed rulemaking.

On May 12, 2020, the Associated General Contractors and other construction contractor groups called on Congress to address the growing multiemployer pension crisis in a letter. While Congress debates the next round of COVID-19 related stimulus legislation to address the unprecedented public health emergency the multiemployer pension crisis has been growing. Construction industry plans account for over half of all multiemployer defined benefit plans and cover nearly four million multiemployer defined benefit participants.

In a recent U.S. Supreme Court opinion in the Cty. of Maui v. Hawai’i Wildlife Fund (Maui) case, the Court expanded the U.S. Environmental Protection Agency’s (EPA) reading of its authority to regulate discharges to groundwater and created a new “functional equivalent” test that now leaves contractors confused about whether their stormwater storage ponds, basins and underground storage will require discharge permitting.