AGC Ensures that Final Federal Debt-Equity Regulations Include Exemptions for Domestic Construction Companies
AGC Successfully Pushes Treasury Department to Exempt Construction Firms from Key Part of Its Anti-Inversion Rules
a regulatory victory for member firms last week when the federal Treasury
Department announced it would exempt domestic construction firms from key parts
of its new anti-inversion rules. Specifically, the final Section 385
rule, as the anti-inversion measure is known, exempts domestic construction
firms that are pass-throughs entities from the ambiguous bifurcation rule and
onerous documentation rules.
The Treasury Department decision comes after
AGC of America encouraged members to contact their members of Congress via the
AGC Legislative Action Center to oppose the 385 regulations, AGC arranged for Financial Issues Committee member Michael Lucki from Lucki Advisors
to testify at the IRS public hearing on the proposed rule in July, and AGC sent a
comprehensive comment letter
to the IRS in advance of the public hearing. The final anti-inversion rules
will be published in the Federal Register tomorrow, but an advance copy can
also be found here.
more information about the new rule and AGC’s efforts to protect member firms,
please contact Brian Lenihan at 202-547-4733 or email@example.com.
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OSHA Delays Enforcement of Post-Incident Drug Testing Position
At AGC’s Urging Congress Weighs in on this Issue
Occupational Safety and Health Administration (OSHA) this week delayed
enforcement until Dec. 1, 2016, of the anti-retaliation
provisions in its injury and illness reporting rule, which highlighted OSHA’s
intention to enforce policies that could restrict mandatory post-incident
alcohol and drug testing. Also this week, at AGC’s urging, more than 30 members of Congress called on OSHA to reconsider and
withdraw this controversial and unsubstantiated position.
issued this delay at the request of a federal court currently considering a
motion challenging the anti-retaliation provisions. The letter from
members of Congress comes on the heels of AGC grassroots efforts and AGC
Chapter and contractor Capitol Hill meetings following the association’s National
and Chapter Leadership Conference in late September.
previously met with the head of OSHA, noting the association’s
opposition to the drug testing position and that position’s challenge to safe,
drug-free workplaces and drug testing programs collectively bargained with
organized labor. AGC will hold a complementary
AGC members ($49 for non-members) to explain OSHA’s position and contractor
requirements under this rule on October 31 from 2:00 to 3:00pm ET. The
association will continue its efforts to oppose this unreasonable OSHA
position, while educating its members on how best to comply.
more information, please contact Jimmy Christianson at firstname.lastname@example.org.
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DOL Rule Increases Salary Threshold for Overtime Rule
Effective Dec. 1, 2016
The Department of
rule increases the overtime coverage by over 100% and will cover
over 4 million employees by the end of 2017. The rule
increases the salary threshold from $455 to $913 per week for standard salaried
employees, and $100,000 to $134,004 per year for highly compensated employees.
The final rule comes into effect on December 1, 2016. Future automatic updates
to these thresholds will occur every three years, beginning on January 1, 2020.
The final rule increases the salary and compensation levels
for executive, administrative, and professional workers. Additionally, the
final rule amends the salary basis test to allow employers to use
nondiscretionary bonuses and incentive payments, such as commissions, to
satisfy up to 10 percent of the new standard salary level.
The concerns of AGC member companies were expressed via
joint comments submitted by
the Partnership to Protect Workplace Opportunity coalition; a diverse group of
associations, businesses, and other stakeholders representing employers with
millions of employees across the country in almost every industry. AGC
also submitted an independently-drafted letter to
highlight the impact that the proposed rule would have in the construction
industry as expressed in the AGC survey results.
For more information from D.O.L. on the overtime rule click
here or contact
Jordan Howard at email@example.com or (703) 837-5368.
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WebED: Making Sense of OSHA’s Drug Testing Position in the Context of Injury and Illness Reporting
Oct. 31 /2:00 p.m. to 3:00 p.m. ET (Complementary for AGC Members)
December 1, 2016, OSHA will begin enforcing an injury and illness reporting rule that may prohibit or restrict your
construction company’s post-incident drug testing program and safety incentive
programs. Are you ready? Register today for this complementary webinar for
AGC members ($49 for non-members) explaining how your company can prepare to
new rule, OSHA may cite contractors for implementing drug testing and/or safety
incentive programs in the context of their possibly discouraging employees from
reporting injuries and illnesses. During the webinar, Jackson Lewis safety and
health law attorney Brad Hammock, AGC Senior Director of Safety
Kevin Cannon and AGC Regulatory Counsel Jimmy Christianson will:
if employer’s current injury and illness reporting policies are compliant with
the new “anti-retaliatory” provisions;
areas (e.g. safety incentive programs, mandatory post-incident drug testing,
and safety disciplinary policies) that employers may need to focus on to ensure
compliance with the new requirements; and
the new electronic reporting requirements and effective dates.
To register, click here. For more information, contact Kevin Cannon at firstname.lastname@example.org.
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Countdown to Election Day Webinar
Join AGC Director of Political Affairs David
Ashinoff and Ellis Insights Publisher Jim Ellis as they provide the latest
details on the upcoming 2016 elections.
They’ll cover the Clinton-Trump presidential
match up, Democrats chances of taking control of the US Senate, and likelihood
of Paul Ryan retaining his House majority and speakership as well as AGC’s
The webinar will take place on October 24
from 3:00pm - 3:45pm. You won’t want to miss it, register today!
more information about webinar, please contact David Ashinoff at 202-547-5013
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