Construction Legislative Week in Review
www.agc.org October 20, 2016
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On the Inside
TAX/ACCOUNTING
AGC Ensures that Final Federal Debt-Equity Regulations Include Exemptions for Domestic Construction Companies
SAFETY
OSHA Delays Enforcement of Post-Incident Drug Testing Position
LABOR
DOL Rule Increases Salary Threshold for Overtime Rule
AGC EVENTS
WebED: Making Sense of OSHA’s Drug Testing Position in the Context of Injury and Illness Reporting
AGC EVENTS
Countdown to Election Day Webinar
TAX/ACCOUNTING
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
 

AGC scored 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.  

For more information about the new rule and AGC’s efforts to protect member firms, please contact Brian Lenihan at 202-547-4733 or lenihanb@agc.org.   

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SAFETY
OSHA Delays Enforcement of Post-Incident Drug Testing Position
At AGC’s Urging Congress Weighs in on this Issue
 

The U.S. 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.

OSHA 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.

AGC 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 webinar for 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.

For more information, please contact Jimmy Christianson at christiansonj@agc.org.

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LABOR
DOL Rule Increases Salary Threshold for Overtime Rule
Effective Dec. 1, 2016
 

The Department of Labor’s final 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 jordan.howard@agc.org or (703) 837-5368.

 

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AGC EVENTS
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)
 

On 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 comply.

Under this 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:

  • Discuss if employer’s current injury and illness reporting policies are compliant with the new “anti-retaliatory” provisions;
  • Identify 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
  • Discuss the new electronic reporting requirements and effective dates.

 

To register, click here. For more information, contact Kevin Cannon at cannonk@agc.org. Return to Top

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AGC EVENTS
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 Get-Out-the-Vote efforts.

The webinar will take place on October 24 from 3:00pm - 3:45pm. You won’t want to miss it, register today!

For more information about webinar, please contact David Ashinoff at 202-547-5013 or ashinoffd@agc.org.   

 

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