The COVID-19 crisis portends a new and troubling outlook for union construction contractors participating in multiemployer pension plans.

The Navigable Waters Protection Rule (NWPR) is in effect as of June 22, 2020. AGC has advocated every step of the way in this multi-year effort and supports the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers’ new rule. The rule appropriately distinguishes between federal and state waters and should bring greater clarity in the field. AGC provided a summary of the rule when the agencies finalized it in January of this year.

Two recent immigration policy changes highlight the need for Congress to enact permanent immigration reform. First, on June 18, the Supreme Court ruled that recipients under the Deferred Action for Childhood Arrival (DACA) can continue to legally work in the country. The decision was the result of recent Trump Administration actions that attempted to roll back the 2012 DACA program. While the decision allows an estimated 80,000 DACA recipients working in the construction industry to continue to do so, the decision presents an opportunity for the Trump administration to continue pursuing an end to the program. It remains important for Congress to extend permanent protections to “Dreamers” and ensure that the construction industry has availability to a legal workforce.

After 11:59 pm on Tuesday, June 30, the Small Business Administration (SBA) will no longer accept applications for Paycheck Protection Program (PPP) loans. As of June 20, there was approximately $128 billion remaining in funding for the program; any contractors interested in applying must have their applications in by the end of the day on Tuesday.

After testifying before the Senate Small Business Committee that information about Paycheck Protection Program (PPP) loans would remain “confidential,” Secretary of the Treasury Steven Mnuchin announced on Friday, June 19, that loan information for recipients of PPP loans in excess of $150,000 would be publicly disclosed. To address concerns from businesses about disclosing payroll data, the Small Business Administration (SBA) and Treasury said loan information—including business names, addresses, NAICS codes, zip codes, business types, demographic data, non-profit information, and jobs supported—would be released in a range, rather than specific loan amounts.

The Moving Forward Act’s Proposed $1.5 Trillion in New Investments Will Improve Range of Public Infrastructure, Creating Needed Demand for Construction While Making the Economy More Efficient

Leaders from Federal Agencies Make Major Announcements

On June 17, the U.S. Small Business Administration and the Department of the Treasury released a revised Paycheck Protection Program (PPP) loan forgiveness application, implementing the fixes from the AGC-backed Paycheck Protection Program Flexibility Act enacted June 5. The agencies also released a streamlined “EZ version” of loan forgiveness application that may be used in limited circumstances. The EZ application requires fewer calculations and less documentation for eligible borrowers. Details regarding the applicability of these provisions are available in the instructions to the new EZ application form. Both applications give borrowers the option of using the original 8-week covered period (if their loan was made before June 5, 2020) or an extended 24-week covered period. These changes will result in a more efficient process and make it easier for businesses to realize full forgiveness of their PPP loan. AGC continues to press for improvements to the PPP and will provide further updates as they develop.

Whether your workplace has remained open throughout the COVID-19 pandemic, is just reopening now, or will do so sometime later this year, employers should be prepared for the possibility that some employees may refuse to work due to COVID-related safety concerns.

A federal district court on May 30 invalidated portions of a rule issued by the present National Labor Relations Board to modify the prior Administration’s regulation (often referred to as the “quickie” or “ambush” election rule) on union representation-case procedures. The Board swiftly responded by announcing that it would implement the remaining portions of the AGC-supported rule as of May 31.