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On June 10, ABC’s Construction Executive magazine held a webinar featuring ABC chief economist Anirban Basu that focused on how the COVID-19 pandemic has rocked a nearly invincible economy, wreaking havoc on the construction industry, and how the current recession might dovetail into prospective growth in the future.

Basu helped listeners grasp the impacts of the pandemic on GDP, inflation, employment, construction spending and materials prices as well as provided an update on ABC’s Construction Backlog Indicator and Construction Confidence Index survey results. He also conducted a Q&A session, where attendees received answers to questions such as:

• What are some of the positive impacts of COVID-19 on the economy?
• Which shape does Basu forecast for a recovery—“V,” “Swoosh,” “W” or something else?
• How would a change of administration impact the economic outlook?
• Which markets will struggle in the next 12 months?
• Given the “new normal” of social distancing, do you see a significant trend in the retooling of office space?

The webinar, sponsored by Hudson Insurance Group, Smith Currie, FOUNDATION Software and Autodesk Construction Cloud, is currently available for viewing via webinars.constructionexec.com.

ABC members can sign up for notifications on upcoming webinars and subscribe to CE’s weekly customizable newsletter, CE This Week, through CE’s subscription center. Visit ConstructionExec.com to read more.

https://webinars.constructionexec.com/webinar/2020-mid-year-construction-economic-forecast/

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Construction Executive has been named a regional Gold Azbee Award winner in the “best social media campaign” category for the magazine’s first annual CE Photo Contest. The American Society of Business Publication Editors’ annual Azbee Awards of Excellence celebrate the highest quality reporting, editing and design in business-to-business, trade, association and professional publications. The awards honor print publications, enewsletters, B2B websites and digital media.

The campaign was judged on general excellence and efficacy of use across multiple social media channels.

With jobsites looking and functioning far differently than in the past, Construction Executive asked its social media followers to show what it’s like to work in today’s building sector. As construction company recruiters are all too aware, industry perceptions don’t necessarily align with reality.

A recent BigRentz poll of 3,000 18- to 24-year-olds revealed only 11% think trade schools lead to high-paying jobs. Yet 84 percent of the nearly 500 nonresidential construction professionals surveyed for FireStarter Speaker and Consulting’s 2019 People in Construction Report said they would recommend working at their company to a friend, and 83 percent said they would reapply for their current job. 

To help move the needle, CE’s readers submitted nearly 200 photos of the interesting tools, equipment, technology, places and people they get to interact with every day. From working at height with stunning mountains as a backdrop to donning a virtual reality headset and watching a historic building come down, these images are a great representation of the variety of opportunities afforded by a career in the construction industry. The winning entries were featured in the magazine’s June 2019 issue and the first-place image is featured in the magazine’s 2020 Media Kit.

“We are excited to have been recognized by ASBPE in this highly competitive contest as a standout publication for our use of social media,” said Editor-in-Chief Lauren Pinch. “Our magazine will continue to promote positive perceptions of the construction industry by showcasing career opportunities and business success stories in every issue.”

Construction Executive, the magazine for the business of construction, reaches more than 55,000 commercial, industrial and institutional contractors and construction-related business owners and has won more than 20 editorial awards. Since first being published by Associated Builders and Contractors Services Corp. in 2003, the magazine has served as the leading source for news, market developments and business issues impacting the construction industry. For more information, visit constructionexec.com.

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Florida Gov. Ron DeSantis (R) signed a series of bills into law this week, two of which impact the state’s infrastructure and construction industry.

The first bill, House Bill 969, sets aside up to $5 million a year for Florida’s Turnpike Enterprise to develop broadband infrastructure as part of the effort to spur new or expanded toll roads. The bill also transfers the state’s broadband program and assigns development, marketing and promotion duties to the Department of Economic Opportunity, creating the Florida Office of Broadband. In a press release praising Gov. DeSantis for signing the legislation, Senate President Bill Galvano said, “the impacts of the coronavirus further highlight the need for the wide-ranging infrastructure improvements, including fixed broadband.”

The other piece of legislation, Senate Bill 7018, authorizes the Florida Department of Transportation to plan, design and construct staging areas for emergency response as part of the turnpike system to facilitate prompt emergency assistance in response to a declared state of emergency. The bill also provides a number of criteria for the Department of Transportation to consider when selecting where to locate these sites, but there was no appropriation for the construction of such facilities, and further funding will be required from other sources to see completion of these projects.  

The Florida Legislature adjourned March 19, but legislation approved during the session finally reached Gov. DeSantis’s desk after a two-month pause on transmitting bills to the governor due to the coronavirus pandemic.  

ABC will continue to update members with more infrastructure news from Florida and other states in Newsline.

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On June 4, President Trump signed executive order 13927, which directs federal agencies to expedite the delivery of transportation infrastructure projects, an action ABC said will streamline permitting and facilitate infrastructure improvements while protecting the environment, health and safety.

The order directs agencies, including the Transportation, Interior, Agriculture and Defense departments and the Army Corps of Engineers as well as executive departments, to take all appropriate steps to use their lawful emergency authorities and other authorities to respond to the national emergency and to facilitate the nation’s economic recovery. This includes measures to speed infrastructure investments and similar actions that will strengthen the economy and return Americans to work, while providing appropriate protection for public health and safety, natural resources and the environment, as required by law.

Specifically, the order requires the departments and agencies to advance infrastructure projects through relevant emergency and other guidelines to expedite the permitting process, provide a report that summarizes its actions under the order and provide a detailed status of the projects. The order also requires the relevant departments and agencies to proceed swiftly with permitting guidelines under various environmental protection laws, such as the National Environmental Policy Act, Endangered Species Act, Clean Water Act and other statutes and regulations.

In a recent Construction Dive article, Kristen Swearingen, ABC vice president of legislative and political affairs, commented on the executive order, saying, “By emphasizing the need to improve our country’s crumbling infrastructure and creating additional flexibility, […] the construction industry will be better able to plan and execute even the most complex projects while safeguarding the health of our workforce, communities and the environment.”  

ABC will continue to track and report administration and congressional infrastructure news in Newsline.

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Advocate for small businesses and fair and open competition by joining the Free Enterprise Alliance’s Plus-none Party, a 72-hour online fundraiser benefiting the main issue advocacy arm of ABC. The party will kick off on Sunday, June 14 at 12 p.m. EDT and will close on Wednesday, June 17 at 12 p.m. EDT. Check out the website and donate today!

https://freeenterprisealliance.org/plus-none-party/

The Free Enterprise Alliance advocates for small businesses and fair and open competition, and provides funding to issue advocacy campaigns around the country.

This is a critical year for our industry, our businesses and our families, and FEA needs your support.

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On June 8, the U.S. Department of Labor’s Wage and Hour Division published its final rule on the Fluctuating Workweek Method of Computing Overtime in the Federal Register. The rule will go into effect on Aug. 7, 2020. On Dec. 5, 2019, ABC submitted comments on the fluctuating workweek proposed rule expressing support for the proposed revisions.

According to a DOL news release, the final rule revises the agency’s regulation for computing overtime compensation for salaried, nonexempt employees who work hours that vary each week (a fluctuating workweek) under the Fair Labor Standards Act. Additionally, the rule clarifies that bonuses, premium payments, commissions and hazard pay on top of fixed salaries are compatible with the fluctuating workweek method of compensation, and that employers must include supplemental payments in the calculation of the regular rate as appropriate under the FLSA.

More information on the final rule can be found on the DOL website.

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This week, Associated Builders and Contractors of Michigan was among the plaintiffs that won a case in the Michigan Court of Claims, which challenged parts of Gov. Whitmer’s 96^th and 97^th executive orders. Filed on behalf of ABC Michigan and a private landscape company by Mackinac Center Legal Foundation, the lawsuit said the executive orders, which outlined safety standards for local businesses to reopen during the COVID-19 outbreak, striped local authorities of their enforcement power, set impossible legal compliance standards and threatened workers and employers with draconian penalties from state agencies.

Specifically, the challenge targeted parts of the executive orders that hijacked the Michigan Occupational Health and Safety Administration’s enforcement mechanisms and threatened job sites with unfair punishments and potential charges, despite good faith efforts to follow COVID-19 safety requirements.

“The court defended Michigan workers today, striking down Gov. Whitmer’s attempt to weaponize MIOHSA and other state departments against safe jobsites that are taking good faith precautions to combat COVID-19,” said Jeff Wiggins, the ABC Michigan state director. “This Court of Claims decision allows more than 100,000 craft trades professionals to continue operating safely without the threat of multiple, arbitrary and significant fines or other MIOHSA penalties.” 

In the early days of the COVID-19 public health crisis, Michigan’s builders and contractors pioneered and implemented proven work-safe plans to protect the state’s more than 100,000 craft trade professionals and to prevent the spread of coronavirus.

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On June 8, the U.S. Department of Labor’s Occupational Safety and Health Administration and the OSHA Alliance Program issued an updated list of COVID-19 resources from various federal and state agencies and nongovernment organizations.

The document includes both a list of general COVID-19 resources grouped by agency and additional industry-specific COVID-19 resources, including resources for the construction industry.

OSHA has also published Guidance on Preparing Workplaces for COVID-19  and other recommendations to educate workers and employers on how to protect themselves and their workplaces during the ongoing pandemic.

For more comprehensive coronavirus resources, visit abc.org/coronavirus.

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In March, the AFL-CIO sued the National Labor Relations Board to block its 2019 final election rule, officially known as Representation-Case Procedures, which would modify procedures for union elections and scale back provisions of the Obama-era “ambush” election rule. On May 30, the U.S. District Court for the District of Columbia blocked several aspects of the NLRB’s 2019 final rule, which were scheduled to go into effect on May 31. The District Court remanded the rest of the rules changes to the NLRB for reconsideration.

The District Court’s decision prevents five changes in the 2019 final rule from going into effect, which include:

• Reinstitution of pre-election hearings for litigating eligibility issues;
• Timing of the date of election;
• Voter list timing;
• Election observer eligibility; and
• Timing of regional director certification of representatives.

On June 1, the NLRB issued a press release announcing that it would move forward with the amendments that were not impacted by the court’s ruling, which include:

• Scheduling the hearing at least 14 days from issuance of the notice of hearing instead of the previous eight days;
• Posting the notice of election within five days instead of two days;
• Changes in timeline for serving the nonpetitioning party’s statement of position;
• Requiring a petitioner to serve a responsive statement of position;
• Reinstatement of post-hearing briefs;
• Reinstating regional director discretion on the timing of a notice of election after the direction of an election;
• Ballot impoundment procedures when a request for review is pending;
• Prohibition on bifurcated requests for review;
• Certain changes in formatting for pleadings and other documents; and
• Terminology changes and defining days as “business” days. 

In addition, the NLRB general counsel issued guidance (GC-20-07) on implementation of these provisions.

The NLRB indicated it intends to appeal the D.C Circuit’s decision. However, the situation remains fluid, and we will keep you posted in Newsline.

NOTE:  Any company that receives a union organizing petition during this period of uncertainty should be advised to seek legal counsel immediately.

The information contained in this article is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.

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