COVID-19 UPDATES

Keep Workers Safe, Keep Construction Going
Latest Updates & Impact on Construction

New AGC Web Page Shows How the Industry is Protecting Workers and the Public

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New Mexico

The New Mexico Environment Department recently reported "57.9% of New Mexicans 16 years and older have completed their COVID-19 vaccinations. This is a tremendous accomplishment - and part of the reason New Mexico recently moved all counties to the Turquoise level.

By June 17, we aim to hit 60% of New Mexicans years and older who have completed their vaccinations. Meeting this goal will enable our state to graduate from the Red-Yellow-Green-Turquoise system and reopen economically on July 1.

As of June 14, New Mexico is only 36,805 doses away from meeting this goal.

COVID-19 vaccines are safe, effective, and free and there is no need to show proof of insurance or residency to receive the vaccine.

State health officials have scheduled numerous vaccination events around the state to assist in reaching this goal. Click here or call 1-855-600-3453 (press 1 for English and 3 for Español) to schedule your vaccine today. Seniors and those with disabilities can also call 1-800-432-2080 for support with registration and scheduling. Scheduling is recommended but not required at any of these events.

As an added incentive, everyone who receives either the booster vaccine or the Johnson & Johnson vaccine between now and June 17 will receive $100.

For the $100 incentive, New Mexicans must provide proof of residency (e.g. an identification card, pay stub or utility bill). Those who are receiving a second Pfizer or Moderna shot must provide a vaccination card proving that they have received a primary shot and that they received their booster on the applicable day at an eligible location.

Recipients of the $100 incentive are solely responsible for any taxes. New Mexicans will receive $100 either on-site or at their home addresses.

For New Mexicans eligible to be vaccinated who are under 18 years old, a parent or guardian must be present to qualify for the $100.

All New Mexicans who have received at least one shot are also eligible for the Vax 2 the Max sweepstakes, including a total of $10 million in cash prizes and other awards. On June 18, New Mexico will conduct its first drawings - four prizes of $250,000 each. New Mexicans who wish to participate can sign up at vax2themaxNM.org.

New Mexicans who have completed their vaccination series will be eligible for the grand prize drawing of $5 million in early August.

Let’s band together, hit our target - and then celebrate together!"

Sincerely,

---- The New Mexico Environment Department


 
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Essential Businesses and Employers

Important

**Second round of the Paycheck Protection Program is now open for applications. Download the USHCC Technical Assistance Guide. View the PPP second draw application. Find an SBA approved lender. Información disponible en español aquí. deadline March 31, 2021

DOL Publishes Guidance on FFCRA Paid Leave Expiration - 
Tax Credits for Voluntarily Providing Leave Temporarily Extended
 
The U.S. Department of Labor’s Wage and Hour Division (WHD) posted announced additional guidance to provide information about protections and relief offered by the Families First Coronavirus Response Act (FFCRA). The FFCRA’s paid sick leave and expanded family and medical leave requirements expired on Dec. 31, 2020. 
 
The new guidance, in the form of Frequently Asked Questions (see questions 104 & 105) on the WHD website, addresses whether workers who did not use their leave entitlement under the FFCRA in 2020 may use such leave after Dec. 31, 2020. It also explains how WHD will maintain its enforcement authority over employers’ leave responsibilities while the FFCRA’s paid leave requirements were in effect, even after these leave entitlements have expired.
 
Additionally, the Consolidated Appropriations Act (CAA), 2021, extended employer tax credits for paid sick leave and expanded family and medical leave voluntarily provided to employees until March 31, 2021.  However, the CAA did not extend employees’ entitlement to FFCRA leave beyond Dec. 31, 2020, meaning employers will no longer be legally required to provide such leave.  IRS has not updated its guidance yet, but existing guidance on the eligible tax credits can be found here.
 
WHD provides additional information on common issues employers and employees face when responding to the coronavirus and its effects on wages and hours worked and job-protected leave under the FMLA at https://www.dol.gov/agencies/whd/pandemic.  For AGC-provided resources on FFCRA and other coronavirus-related matters of significance to construction employers, visit AGC’s coronavirus website.


AGC Virtual Media Event: Release of New Construction Data
AGC released the new survey during a virtual media event today alongside Procore, who also released new data it collects on the impacts of the coronavirus on the industry. You can watch that event HERE and view AGC’s analysis of the survey results HERE. You can also watch a short video of AGC chief economist Ken Simonson explaining the new survey results HERE.
 
Recap of Current Construction Business Conditions

AGC has prepared a packet of information to help document current market conditions that helped influence many firms’ decisions to apply for Paycheck Protection Program loans. The intent of this packet is to provide a snapshot of media coverage starting on March 27 – the launch of the initial round of Paycheck Protection Program loans – covering topics like declining demand, growing layoffs and general worries about market conditions for the construction industry. Please see packet HERE.

If you feel it appropriate, please consider including this packet of material in the records you retain relating to your application for a Paycheck Protection Program loan. This packet should provide an overview of the nationwide market conditions the industry faced when firms opted to apply for the loans.


State-by-State Business Reopening Guidance 
On May 6, U.S. Chamber of Commerce launched an interactive map with state-specific information to help business owners distill and navigate different state-based public health guidelines as they begin to reopen in communities across the nation. The state-by-state map contains critical information for American businesses in 29 states where governors have begun to reopen local economies. The Chamber will update the map as new guidelines become available.

 

Latest Updates

DOL Provides FFCRA Guidance for Federal Contractors
August 3, 2020
Clarifies Outstanding Fringe Benefit Questions Regarding Paid Leave The U.S. Department of Labor’s Wage and Hour Division (WHD) released additional guidance for employers with certain federal contracts regarding paid sick leave or expanded family and medical leave under the Families First... Read More

DOL Releases Additional Guidance as Workplaces Reopen
July 21, 2020
Covers FLSA, FMLA, and FFCRA Issues The U.S. Department of Labor’s Wage and Hour Division (WHD) released additional guidance to provide information to workers and employers about how the requirements and protections of the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), ... Read More


DOL Adds Summer School and Camp Closures to Emergency Paid Leave Qualifications
June 29, 2020
Provides Online Tool to Help Workers Determine Eligibility The U.S. Department of Labor’s Wage and Hour Division (WHD) recently issued a Field Assistance Bulletin addressing paid sick or expanded family and medical leave eligibility under the Families First Coronavirus Response Act (FFCRA).... Read More

What Construction Contractors Can Expect from Multiemployer Pension Plans Following COVID-19 Crisis
June 25, 2020
The COVID-19 crisis portends a new and troubling outlook for union construction contractors participating in multiemployer pension plans. While many multiemployer pension plans had been recovering enough from the 2007–2009 Great Recession to have their current funding levels approach or exceed... Read More

AGC Victorious in Leading Congressional Passage of PPP Loan Improvements; Association Continues to Fight for Additional Tweaks
June 4, 2020
On June 3, the Senate passed the AGC-backed Paycheck Protection Program (PPP) Flexibility Act of 2020 (H.R. 7010) after AGC members sent tens of thousands of messages seeking improvements to the PPP. The measure makes significant improvements to the Paycheck Protection Program that AGC has been... Read More

AGC Puts Forth Construction Firm Liability & Workers Comp. Protections; Protect Good Actor Construction Firms and the Viability of Workers Compensation System
June 4, 2020
On June 4, AGC provided key members of Congress with its recommendations and white paper, detailing construction employer COVID-19 liability protections and unreasonable workers compensation burdens. Among other things, AGC called for Congress to: (1) Assure low exposure risk businesses, like... Read More

AGC Calls for Federal Contractors to be Compensated; Submits Comments on DOD Guidance
May 28, 2020
On May 22, AGC submitted comments to the Department of Defense (DOD) request for input regarding draft guidance for contractor reimbursement under Section 3610 of the CARES Act. Among AGC's concerns with the draft guidance is the potential for the government to double dip into contractor pockets by... Read More

OSHA Issues Guidance to Help Construction Workers During the Pandemic
May 28, 2020
On May 26, OSHA launched a webpage with coronavirus-related guidance for construction employers and workers. The guidance includes recommended actions—many of which AGC members have likely already incorporated in their safety plans—to reduce the risk of exposure to the coronavirus. One item AGC... Read More

AGC Opposes Overly Onerous and Broad COVID-19 Health Standard
May 28, 2020
In response to recent legislative efforts to force the Occupational Safety and Health Administration (OSHA) to create a new Emergency Temporary Standard (ETS) to address the coronavirus, AGC joined stakeholders in opposing the power grab. AGC prioritizes worker safety and AGC and its members have... Read More

Clone of House Passes AGC-Backed PPP Loan Improvements; Includes Significant Flexibilities for the Construction Industry
May 28, 2020
On May 28, House of Representatives overwhelmingly passed the AGC-backed Paycheck Protection Program Flexibility Act (H.R. 7010), which would make substantial improvements to the Paycheck Protection loan Program (PPP). Since the program was created in the CARES Act, many construction firms have... Read More

House Passes AGC-Backed PPP Loan Improvements; Includes Significant Flexibilities for the Construction Industry
May 28, 2020
On May 28, House of Representatives overwhelmingly passed the AGC-backed Paycheck Protection Program Flexibility Act (H.R. 7010), which would make substantial improvements to the Paycheck Protection loan Program (PPP). Since the program was created in the CARES Act, many construction firms have... Read More

EEOC Delays EEO Data Collections Due to COVID-19 Public Health Emergency
May 27, 2020
The U.S. Equal Employment Opportunity Commission (EEOC) will delay the anticipated opening of the 2019 EEO-1 Component 1 data collection and the 2020 EEO-3 and EEO-5 data collections because of the Coronavirus Disease 2019 (COVID-19) public health emergency, the agency announced today in a Federal... Read More

AGC Comments on Building Trades' COVID-19 Jobsite Standards
May 27, 2020
North America’s Building Trades Unions (“NABTU”) and CPWR-The Center for Construction Research and Training (NABTU’s research arm) on April 27 publicly released COVID-19 Standards for U.S. Construction Sites.  The document provides recommended practices for construction employers to implement at... Read More

AGC Seeks Construction Contractor COVID-19 Liability Protections, Also Fighting Unfair Legal Presumptions of Work-Contracted COVID-19
May 21, 2020
AGC is working to secure targeted and reasonable liability protections against legal claims arising from the current pandemic to protect construction firms following recognized safety and health protocols to guard against the spread of COVID-19. In addition, AGC is working to bar legal presumptions... Read More

House Passes $3 Trillion Relief Bill, AGC Seeks Improvements Through Legislative Process
May 21, 2020
Prior to the House passing its more than $3 trillion coronavirus relief bill on May 15, AGC shared with legislators its comprehensive analysis on construction industry priorities missing from and included in the bill. There, the association noted that the legislation failed to include liability... Read More

PPP Loan Forgiveness Application Released, Final Rules on Loan Forgiveness Still Outstanding
May 21, 2020
On May 15, the U.S. Small Business Administration (SBA) and Department of the Treasury released the Paycheck Protection Program loan forgiveness application late. The application includes step-by-step instructions on how to perform the mechanical calculations required by the CARES Act to confirm... Read More

Congress & SBA Work on AGC-Backed PPP Loan Fixes, Imminent Votes in House and Senate on Fixes
May 21, 2020
AGC continues to lead efforts—both legislative and regulatory—to bring needed flexibilities to the terms of the Paycheck Protection Program for the construction industry. In the House of Representatives, AGC is working with Reps. Dean Phillips (D-Minn.) and Chip Roy (R-Tex.) to advance their... Read More

OSHA Revises its Recordkeeping Guidance and Interim Enforcement Response Plan for Coronavirus Disease 2019 (COVID-19)
May 20, 2020
On May 19, the Occupational Safety and Health Administration (OSHA) issued their latest guidance on recording cases of COVID-19 in the workplace and interim enforcement response plan. The enforcement memos will become effective on May 26, 2020 and rescinds both previously issued memos on each topic... Read More

U.S. EPA COVID-Related Enforcement Policy and Resources
May 8, 2020
As previously reported, the U.S. Environmental Protection Agency (U.S. EPA) issued a new, temporary enforcement discretion policy for certain noncompliance events that can be documented and tied to the COVID-19 epidemic.  The policy applies to specified federal programs, states may take a different... Read More

AGC Leads Effort to Address IRS Guidance Undermining PPP Loan Impact; Organizes 152 Trade Associations in the Effort Under its Lead
May 7, 2020
On May 7, AGC organized 152 trade associations in calling for Congress to nullify recent Internal Revenue Service (IRS) guidance essentially making business expenses—which are usually deductible—paid by forgiven Paycheck Protection Program (PPP) loan funds fully taxable. The impact of this IRS... Read More

EEOC Updates COVID-19 Technical Assistance Publication
May 7, 2020
WASHINGTON – The U.S. Equal Employment Opportunity Commission (EEOC) today posted an updated and expanded technical assistance publication addressing questions arising under the Federal Equal Employment Opportunity Laws related to the COVID-19 pandemic.  The publication, “What You Should Know... Read More

EEOC Delays EEO Data Collections Due to COVID-19 Public Health Emergency
May 7, 2020
The U.S. Equal Employment Opportunity Commission (EEOC) will delay the anticipated opening of the 2019 EEO-1 Component 1 data collection and the 2020 EEO-3 and EEO-5 data collections because of the Coronavirus Disease 2019 (COVID-19) public health emergency, the agency announced today in a Federal... Read More


DOL Considers Employer’s Good Faith Efforts in Enforcement During Pandemic
April 23, 2020
On April 16, the Department of Labor’s Occupational Safety and Health Administration (OSHA) issued interim guidance to advise compliance safety and health officers to evaluate an employer’s good faith efforts to comply with safety and health standards during the coronavirus pandemic. This guidance... Read More


Senate Passes, House Takes Up New Coronavirus Relief Package; Billions in new SBA PPP Program Funding Included
April 23, 2020
On April 21, the Senate passed a $480 billion coronavirus relief package that included $310 billion in new funding for the U.S. Small Business Administration’s (SBA) Paycheck Protection Program (PPP) loans. The House of Representatives is expected to pass this measure overwhelmingly when they meet... Read More


SBA & Treasury Issue Important New PPP Loan Guidance; Puts Borrowers on Notice of “Good Faith” Need for PPP Loans
April 23, 2020
New guidance from the U.S. Small Business Administration (SBA) and Department of the Treasury puts Paycheck Protection Program (PPP) borrowers and potential borrowers on notice that they should be able to prove in “good faith” that “[c]urrent economic uncertainty makes this loan request necessary... Read More


Additional $310 Billion In Funding For Paycheck Protection Program Loans Will Help Support Thousands Of Essential Construction Jobs
April 22, 2020
Construction Officials Urge Congress to Quickly Pass New Coronavirus Relief Measure and Start Work on Broader Recovery Measures, Including New Infrastructure Funding and Pension Relief   The chief executive officer of the Associated General Contractors of America, Stephen E. Sandherr, issued the... Read More


New AGC Web Page Shows How the Industry is Protecting Workers and the Public
April 15, 2020
Few industries are as well suited to protecting workers as the construction industry. Contractors are used to following complex and ever-changing safety rules and finding ways to make inherently dangerous work safe. The coronavirus has forced firms to change the way they operate to maintain that... Read More

OSHA Further Clarifies Employer Requirement to Record and Report COVID-19 Cases
April 10, 2020
On April 10, 2020, the Occupational Safety and Health Administration (OSHA) issued temporary guidance for recording cases of COVID-19 that provides relief to the construction industry. In an earlier letter to OSHA leadership, AGC, along with our industry partners on the Construction Industry Safety... Read More

New Trump Administration Guidance Now Allows Firms With 500 Or Fewer Employees To Qualify For Paycheck Protection Program Loans
April 7, 2020
Associated General Contractors of America Secures Fix to Loan Qualifications After Alerting Administration Officials to Small Business Administration Language that Excluded Many Firms The Associated General Contractors of America today announced that the Trump administration released new guidance... Read More

New Small Business Administration Loan Guidance Appears To Exclude Many Construction Firms That Employ Fewer Than 500 People
April 6, 2020
Construction Officials Urge Agency to Make Clear that Firms that Employ 500 or Fewer People to Qualify for Paycheck Protection Program Loans, Regardless of Revenue The chief executive officer of the Associated General Contractors of America, Stephen E. Sandherr, called on the Small Business... Read More

Twenty-seven Percent Of Construction Firms Report Layoffs Since The Coronavirus As New Jobs Report Offers Early Snapshot Of The Losses
April 3, 2020
Association Survey Conducted This Week Suggests Industry’s Job Losses are Spreading Rapidly; Officials Call for Additional Federal Measures to Help Avoid Further Layoffs and Economic Pain The fast-worsening covid-19 pandemic has triggered layoffs at more than a quarter of construction firms... Read More

AGC Releases Analysis of SBA Paycheck Protection Program
April 2, 2020
AGC has prepared a new analysis of the U.S. Small Business Administration’s Paycheck Protection Program, a new loan program enacted in the most-recent coronavirus relief measure under which construction businesses with 500 or fewer employees may be eligible. Click here for the full analysis.

AGC calls on FASB to Delay Implementation of Leases Standard for Private Companies
April 2, 2020
On April 1, AGC CEO Steve Sandherr requested that the Financial Accounting Standards Board (FASB) enact a one-year delay of the implementation of the leases standard for private companies due to the economic uncertainty caused by the coronavirus. Last year, AGC requested a one-year delay for the... Read More

DHS Releases Updated “Essential Critical Infrastructure Workforce Guidance”
April 2, 2020
On March 28, the Cybersecurity and Infrastructure Security Agency (CISA) – an agency within the Department of Homeland Security – released version 2.0 of its “Essential Critical Infrastructure Workforce” guidance. The objective of the advisory guidance is to help states and local governments... Read More

US DOL Publishes Emergency Paid Leave Regulations
April 1, 2020
Treasury Issues Tax Credit FAQs The U.S. Department of Labor today announced new action regarding how American workers and employers will benefit from the protections and relief offered by the Emergency Paid Sick Leave Act and Emergency Family and Medical Leave Expansion Act, both part of the ... Read More

February Rise In Construction Outlays Contrasts With Pandemic-driven Collapse In March As Owners, Government Orders Shut Down Projects
April 1, 2020
Survey Finds Contractors Face Shortages of Materials and Workers, Delivery Delays and Cancellations;  Association Officials Urge Additional Measures to Help Workers, Firms and the Economy to Recover Construction spending in February increased 6.0 percent from February 2019, with year-over-year... Read More


 

U.S. EPA Issues Enforcement Policy for Noncompliance Resultant from COVID-19 Pandemic
April 1, 2020
States may take a different approach On Mar. 26, the U.S. Environmental Protection Agency (U.S. EPA) issued a new, temporary enforcement discretion policy for certain noncompliance events that can be documented and tied to the COVID-19 epidemic.  U.S. EPA has emphasized that this new policy is not... 
Read More

Updated AGC CARES Act Analysis
March 30, 2020
Based on member inquiries, AGC updated our CARES Act analysis as it applies to small business eligibility for the new Small Business Administration (SBA) loan program. Those changes are noted below. A business is eligible for such a loan if it employs 500 employees or fewer, or if the business is... Read More