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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

�鶹��ý of America and �鶹��ý 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 Mar. 19, �鶹��ý submitted comments in support of the U.S. Fish and Wildlife Service’s proposed update to the Migratory Bird Treaty Act (MBTA), which would clarify that unintended or incidental impacts to migratory birds that occur within the scope of lawful, and often necessary, business activities do not carry criminal penalties and expansive liability exposure. The proposed rule would codify and apply a uniform interpretation of the MBTA that its prohibitions do not apply to incidental take. In addition, the proposal would limit the scope of the Act to actions that are directed at migratory birds, their nests, or their eggs, and would clarify that injury to or mortality of migratory birds that results from, but is not the purpose of, an action (i.e., incidental taking or killing) is not prohibited by the Act.

On March 25, �鶹��ý 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, �鶹��ý 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.

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