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On October 15, �۽�ֱ��—along with the American Council of Engineering Companies, American Institute of Architects, U.S. Chamber of Commerce and others—called on President Trump to rescind his Executive Order 13950, Combating Race and Sex Stereotyping. The EO will generate further confusion and uncertainty, lead to non-meritorious investigations, and hinder the ability of employers to implement critical programs to promote diversity and combat discrimination in the workplace. Earlier this year, �۽�ֱ�� launched its own diversity and inclusion initiative—Culture of Care—to advance the construction industry as the industry of choice for diverse and talented workers by building inclusive work environments in firms nationwide. �۽�ֱ�� remains committed to the Culture of Care and its underlying principles.

National Association will Use Results to Push for Additional Relief Measures

No Resolution in Sight

�۽�ֱ�� of America, jointly with nine other associations that are members of the Coalition for a Democratic Workplace (“CDW”), submitted an amicus brief to the National Labor Relations Board (“NLRB” or “Board”) in a case reviewing the contract bar doctrine on October 8. The contract bar doctrine precludes a union representation or decertification election during the term of a legitimate collective bargaining agreement, up to a three-year term. The NLRB invited amicus briefs in the Mountaire Farms case to provide input as to whether the Board should rescind the contract bar doctrine, retain it as it currently exists, or retain it with modifications.

As employers face unimaginable disruptions during the pandemic, they are still bound by compliance and reporting health care requirements under the Affordable Care Act (ACA). Despite relief provided to employers to date, there remains a need for greater regulatory compliance relief. Health care requirements and compliance rules prior to the coronavirus were complex and that complexity has grown. In response to this growing complexity, the Partnership for Employer-Sponsored Coverage—of which �۽�ֱ�� is a member—called on the Internal Revenue Service and Treasury Department to provide compliance safe harbors under the ACA on the affordability test along with increased time and flexibility to come into compliance.

On September 22, President Trump issued an “Executive Order on Combating Race and Sex Stereotyping.” While the EO does not establish a blanket prohibition on diversity and inclusion (D&I) training of employees by government contractors, it does set forth restrictions on the content of such training. The U.S. Department of Labor must undertake a rulemaking to implement the terms of the EO and that rulemaking could put forth a better understanding of the restrictions required under the EO before it can take effect. �۽�ֱ�� continues to review the EO and will provide additional information.

On October 1, House Speaker Nancy Pelosi (D-Calif.) and Treasury Secretary Steven Mnuchin remained far apart from reaching an agreement on additional COVID-relief funding legislation before Congress adjourns for the November 3 election. Among the areas where agreement remains elusive include the amount of additional funding for state and local governments, businesses and schools. Consequently, House Democrats are expected to pass their own $2.2 trillion COVID-relief bill largely along party lines with little to no prospects for passage by the GOP-controlled Senate. For the construction industry, many COVID-relief priorities too will likely wait until after the election, if not 2021, including additional funding for transportation, schools, hospitals and water projects, COVID liability protections for businesses and the deductibility of Paycheck Protection Program loan funds used for business expenses. �۽�ֱ�� will continue to press for enactment of these priorities.

Each October, construction industry professionals in HR, training and workforce development gear up for the industry’s premier learning and networking event, �۽�ֱ��’s Construction HR & Training Professionals Conference, and this year is no different. The 2020 event has gone completely virtual and will be held Oct. 6-8, 2020.

The U.S. Department of Labor announced a proposed rule clarifying the definition of employee under the Fair Labor Standards Act (FLSA) as it relates to independent contractors. �۽�ֱ�� has long called for federal clarification of the independent contractor status and preservation of legitimate independent contractor relationships, such as those that have historically existed in the construction industry.

The U.S. Department of Labor announced a proposed rule clarifying the definition of employee under the Fair Labor Standards Act (FLSA) as it relates to independent contractors. �۽�ֱ�� has long called for federal clarification of the independent contractor status and preservation of legitimate independent contractor relationships, such as those that have historically existed in the construction industry.