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The National Labor Relations Board (“NLRB” or “Board”) has revised its standard for determining the lawfulness of an employer’s discipline or discharge of an employee who has engaged in abusive or offensive conduct —including making profane, racist, and sexually unacceptable remarks—in the course of activity otherwise protected under the National Labor Relations Act (“NLRA”).

Clarifies Employers’ Obligations to Track Compensable Hours With telework arrangements expanding in response to the coronavirus pandemic, the U.S. Department of Labor’s Wage and Hour Division (WHD) issued Field Assistance Bulletin (FAB) 2020-5 to clarify an employer’s obligation to track the number of hours of compensable work by employees who are teleworking or otherwise working away from premises controlled by their employers.

Pre-Conference Federal Construction HR Workshop Returns The 2020 Construction HR and Training Professionals Conference and pre-conference Federal Construction HR Workshop has officially gone virtual. The workshop is scheduled for September 23 and 24, with the full conference to follow on October 6, 7 and 8.

California and New Mexico Have Worst One-Month Job Losses While New York Has Largest Increases; California and Vermont Post Worst Yearly Declines as Utah and South Dakota Have Largest Gains

On August 18, �鶹��ý, along with 14 other stakeholders in the transportation community, called on President Trump to oppose any temporary suspension or permanent repeal of dedicated federal user fees that generate revenue for the Highway Trust Fund (HTF). This call comes in light of a recent effort among other industry stakeholders seeking to temporarily suspend the federal excise tax on the purchase of new heavy trucks and trailers. Those in support of this measure have called for the lost revenue that such a suspension of the tax would create to be backfilled by Congress. However, �鶹��ý fears that a temporary suspension of any HTF funding mechanism could become permanent. The amount of revenue generated by this tax for the HTF can vary fiscal year to fiscal year. In fiscal year 2019, the tax generated approximately $5 billion in revenue for the HTF. �鶹��ý earlier in August sent the same message to congressional leaders. While �鶹��ý recognizes the need to provide economic relief on a multitude of fronts to the broader transportation community during this time, we cannot support any further exacerbation of the impending insolvency of the HTF and the loss of dedicated federal user fees.

�鶹��ý of America’s Union Contractors Committee will hold its next quarterly conference call on September 10, 2020, at 2:00 p.m. Eastern time.

Gains in July are Limited to Residential Side as State and Local Governments and Private Owners Postpone And Cancel Upcoming Projects; Association Urges Prompt Federal Action to Make up for Revenue Losses

Apply by Wednesday, October 21, 2020!

Earlier this week �鶹��ý joined nearly 200 companies, unions and organizations in a letter urging Congress to include COBRA funding in the next COVID relief package. COBRA is important for the continuation of job-based health insurance for the Americans that have recently lost their jobs as a result of the pandemic. �鶹��ý recognizes the importance of keeping the employer-provided health care system operating and federal subsidies will provide certainty for plans and the recently separated participants. Congress provided similar relief in response to the 2009 recession.

This week, �鶹��ý helped lead a coalition effort with the International Franchise Association (IFA) calling on Congress to expand the availability of “second draw” Paycheck Protection Program (PPP) loans for small businesses. A provision in the Senate GOP COVID relief proposal would allow small businesses to apply for a second PPP loan, but with stricter criteria than for the original PPP loans. One of the new requirements for second draw loans is that a business demonstrate a 50 percent loss in revenue. �鶹��ý called for lowering the revenue loss threshold, so that additional small businesses qualify.