U.S. Treasury Outlines How States Can Spend $350 Billion State & Local Government COVID-Relief
On May 10, AGC filed a Freedom of Information Act request in response to SBA’s delayed decision-making process of the Paycheck Protection Program (PPP) loans as AGC members report they have already waited many months for SBA to act on forgiveness applications for loans over $2 million. SBA continues to hide the difference in the time it requires to process applications for the forgiveness of loans over and under $2M. AGC has learned that SBA has a third-party vendor playing an apparently significant but uncertain role in the processing these applications. While SBA has clarified that it will base its decisions on a “multi-factor analysis” of the “totality of [each] borrower’s circumstances,” the agency has yet to publicly disclose the particulars of that analysis, such as the factors that it weighs, or how it weighs them. As AGC waits for SBA’s response, the association will continue to talk to the agency about the potential for a settlement of its lawsuit filed last December.
The U.S. Department of Labor (DOL) Wage and Hour Division (WHD) finalized its recent proposal to officially withdraw a Trump administration final rule clarifying the standard for employee versus independent contractor status under the Fair Labor Standards Act (FLSA). The withdrawal is effective immediately without any replacement or new guidance and employers are advised to rely on past court decisions and WHD guidance to determine whether those workers are employees under the FLSA or independent contractors. AGC 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.
Would Provide $35 Billion in the Nation’s Water Infrastructure
Would Increase Taxes on Individuals, on Capital Gains & at Death
AGC filed comments opposing the U.S. Department of Labor (DOL) Wage and Hour Division’s (WHD) recent proposals to withdrawal the Independent Contractor status and rescind the Joint Employer definition under the Fair Labor Standards Act (FLSA). AGC supports the Trump administration’s previous revisions to both rules, opposes these recent DOL actions and fully expects the opportunity to provide public input on any future revision or adoption of guidance regarding either rule.
On April 15, AGC participated in a small roundtable with the White House’s National Economic Council centered on President Biden’s Executive Order on Ensuring the Future Is Made in All of America by All of America’s Workers. The executive order directs the Federal Acquisition Regulatory (FAR) Council to consider proposing amendments to the FAR to promote enforcement of the Buy American Act of 1933. The White House staff briefed AGC on the direction of proposed rulemaking and AGC gave feedback to better inform the FAR Council’s as to the impact domestic product preference policies have on those building the nation’s infrastructure. AGC will continue to advocate for the construction industry to ensure that policy makers are well informed about the uniqueness of construction.
$1 Billion in RAISE Grants Tied to Administration’s Policy Objectives
Senate Republicans are reportedly preparing a counteroffer to the White House’s $2 trillion infrastructure proposal. West Virginia Senator Shelley Moore Capito and others in a Republican working group have stated that such a proposal would be in the range of $600 to $800 billion, more targeted in scope— focusing on traditional infrastructure such as roads, bridges, ports, airports, broadband, and water infrastructure— and would be funded by unspecified user fees. AGC will continue to monitor Congressional activity on infrastructure and surface transportation reauthorization negotiations.