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Construction Officials Say New Federal Guidance Should Signal to State and Local Officials the Need to Allow Construction Activity to Continue, or Resume, During Coronavirus-Related Work Stoppages

91����Ƶ of America and 91����Ƶ of Washington’s joint Culture of CARE initiative is challenging leaders to take a bold and visible step towards ensuring their workplaces are welcoming, safe, and inclusive for an increasingly diverse and talented pool of workers. Join this effort by taking the Culture of CARE pledge. Once you sign the pledge, Culture of CARE provides companies with tools and resources to help establish a Culture of CARE in their workplaces. Learn more at www.BuildCulture.org.

On March 25, 91����Ƶ called on the Cybersecurity and Infrastructure Security Agency (CISA), a division of the Department of Homeland Security, to issue a revision to recent COVID-19 related guidance that will explicitly include all construction workers as “Essential Critical Infrastructure Workers.” The absence of the word “construction” from many of the critical infrastructure workforces described in the guidance has become problematic as many state and local governments appear to be overlooking the memorandum and evaluating only the descriptions included under the various listed critical infrastructure workforces. In the few instances where construction is noted or, perhaps, implicitly referenced in the list, significant confusion has arisen. It is imperative that CISA issue a technical correction to this guidance to avoid states and localities from creating a confusing patchwork of regulations that would inhibit the full industry’s essential role in helping address the COVID-19 outbreak and protecting national security.

On March 26, the Department of Labor’s Wage and Hour Division (WHD) announced the first few rounds of published guidance to provide information to employers regarding meeting requirements to offer emergency paid sick leave and paid family medical leave through the Families First Coronavirus Response Act (FFCRA) when it takes effect on April 1, 2020.

On March 25, the Senate passed, 96-0, H.R. 748, the Coronavirus Aid, Relief, and Economic Security (CARES) Act. It is expected to be taken up by the House of Representatives soon. The CARES Act, a $2 trillion economic relief package, is the third in a series of coronavirus related measures Congress has taken up in recent weeks to address the pandemic sweeping the country. This legislation encompasses a host of provisions that will provide construction employers and employees with critically needed access to capital, expedited cash-flow, worker benefit protection, and critical tax relief, among other things. While this bill is appreciated, due to the unparalleled uncertainty this pandemic has brought, 91����Ƶ recommended to Congress further measures that must be taken to safeguard the construction industry from the effects of this outbreak.

The U.S. Department of Labor’s Wage and Hour Division (WHD) announced its first few rounds of published guidance to provide information to employers about meeting their requirements to offer emergency paid sick leave and paid family medical leave offered by the Families First Coronavirus Response Act (FFCRA) when it takes effect on April 1, 2020.

As employers everywhere grapple with the COVID-19 crisis and its impact upon their employees and operations, questions have arisen regarding union contracts that expire on or about March 31, 2020. Although every labor contract and bargaining relationship is unique, established federal labor law principles can be applied to guide employers during this difficult time.

91����Ƶ of America’s Union Contractors Committee has scheduled quarterly conference calls for the remainder of 2020.

The National Labor Relations Board has announced that it is postponing the effective date of its final rule modifying the prior Administration’s regulation on union representation-case procedures, often referred to as the “quickie election” or “ambush election” rule. The effective date has been pushed back from April 16, 2020, to May 31, 2020.