Category: Advocacy

H.R. 133 Offers Relief, Opportunities and Challenges Going into 2021

The $2.3 trillion Consolidated Appropriations Act, 2021 (H.R. 133) provides badly needed COVID economic relief, construction market stimulus and a forward-looking prospect for market recovery in public sector infrastructure investments as the pandemic recedes. In a memo to the MCAA Government Affairs Committee, Chair Jim Gaffney provided a summary digest of the items most likely to impact MCAA members and the MCAA policy agenda. The President is seeking greater individual stimulus checks, so there may be an amendment or veto, but this summary will stand for most of what will be the final result. Correction: The latest COVID relief measure signed into law Sunday does not extend the requirement that employers offer paid sick and family leave as required under the Families First Coronavirus Relief Act passed last March as erroneously reported in the MCAA summary published in the Weekly Update on December 28, 2020. The latest COVID bill extends only the availability of the refundable tax credit as under the FFCRA until the end of March 2021 for those employers voluntarily providing such paid leave after December 31, 2020. MCAA regrets the error.

Congress Expected to Pass Stimulus Package. Join Withum’s December 23rd Webinar Covering Package Details.

Wednesday, December 23 | 1:00 PM – 2:30 PM EST

Join experts from Withum’s SBA Financial Services and Tax Services Teams as they navigate through the myriad of provisions included in the more than 5,000 page legislative package finalized early this week. Withum’s team will cover in detail the provisions of the legislation which cover the following topics:

  • PPP Loans: Another Round of Funding
  • PPP Loan Forgiveness Process (Round 1 and Round 2)
  • PPP Loan Forgiveness Deductibility

Withum will also cover the basics of the following provisions, but expect to have more detailed communications on these as guidance becomes more clear:

  • Unemployment Provisions
  • Stimulus Checks
  • Employer Focused Tax Credits

SAVE YOUR SEAT

Treasury Department Issues Guidance on Payroll Tax Deferral

By: Jim Paretti, Michael J. Lotito, and William Hays Weissman
August 31, 2020

On August 28, 2020, the U.S. Department of the Treasury issued guidance for employers with respect to the deferral of the employee portion of certain payroll taxes.  This guidance stems from a presidential memorandum issued earlier in the month authorizing employers to defer payment of these taxes.  That memorandum allowed for the deferral of the employee portion of federal payroll taxes (6.2% for Social Security and 1.45% for Medicare) from September 1, 2020 until December 31, 2020.  The memorandum allows employers to defer payment of the employee portion of these payroll taxes for workers earning less than $4,000 on a biweekly basis (roughly $104,000 annually). 

Treasury’s guidance makes clear that an employer may elect to defer the payment of the employee portion of these taxes on “applicable wages” until next year, when they would be owed in installments between January 1, 2021 and April 30, 2021.  “Applicable wages” are defined as those wages paid to an employee on pay dates between September 1, 2020 and December 31, 2020, “but only if the amount of such wages or compensation paid for a bi-weekly pay period is less than the threshold amount of $4,000 or the equivalent threshold amount with respect to other pay periods.”  The guidance specifies that applicable wages are determined on a pay period by pay period basis.  Finally, the guidance makes clear that employers are required to pay these taxes to the federal government, but goes on to state that employers “may make arrangements to otherwise collect the [due taxes] from the employee.”

The guidance leaves several clear takeaways.  First, it is clear that an employer is permitted to defer payment of these taxes, but is not required to.  Second, it is likewise clear that unless further action is taken (likely by Congress), these taxes are merely deferred, not forgiven, and will be due by the end of April 2021.  Finally, it is not clear what, if any, role an individual employee plays with respect to determining whether they want their share of these taxes deferred, or paid in the normal course.  Employers will want to keep each of these points in mind as they evaluate whether or not to participate in this elective deferral.

It is unclear whether Treasury will issue additional guidance regarding this program.  Littler WPI will keep you apprised of relevant developments.

MCAA PAC Appreciates Your Support

Throughout the COVID-19 pandemic, the MCAA Government Affairs Committee has been working tirelessly meeting with countless Congressional and Senate offices remotely to push our agenda forward. This vital work was made possible by PAC contributions to candidates who support our positions over the long term. Please join us in thanking those who gave and consider making a contribution to support these vital efforts.

The Government Affairs Committee’s legislative and advocacy work on issues like COVID-19 cost increases on Federal projects, change orders in the NDAA, pension issues, and the PBGC just to mention a few was made possible by:

  • Robert Beck
  • Robert Bolton
  • Tim Brink
  • Michael Cables
  • Don Chase
  • Jay Chase
  • Matthew Cunningham
  • Steve Dawson
  • Jim Dougherty
  • Charles Fell
  • Lyle Ferguson
  • John Feikema
  • John Ferrucci
  • Steve Fosdick
  • Greg Fuller
  • James Gaffney
  • Michael Gallagher
  • John Geiling
  • Don Giarratano
  • Jason Gordon
  • Brian Helm
  • Scott Hinton
  • Brian Hughes
  • Jay Lusita
  • William Lynch
  • Mark Magnuson
  • Rick Moreno
  • Edward Newville
  • David Quirk
  • Mark Rogers
  • Bob Snyder Jr.
  • Lawrence Verne
  • Frank Wall
  • Scott Wallenstein

MCAA’s 2020 advocacy efforts continue to need your help. Contribute to the MCAA PAC, a critical factor to our success in moving forward legislation that positively affects your business.

(Note: In order to comply with campaign finance laws, you will need to complete a solicitation authorization form before making a contribution. Find additional details and both the solicitation authorization and contribution forms via the button below.)

A PAC Update from MCAA Government Affairs Committee Chairman, Jim Gaffney

In March, as a majority of the country slowed down, the MCAA Government Affairs Committee continued to work tirelessly meeting with countless Congressional and Senate office’s remotely to push our agenda forward. The committee has been working on COVID-19 cost increases on Federal projects, change orders in the NDAA, pension issues, and the PBGC just to mention a few.

What has helped the committee through this period has been PAC donations. The reality we face during today’s political time is the need for donations. MCAA’s PAC fund has been hit hard as many political fundraisers have been cancelled and political leaders have requested help.

Today, we ask for your help.

I, Jim Gaffney, am making a donation to the MCAA PAC fund, and have asked the M&SCA of Eastern PA to match my donation. If each association and member contractor could make a donation to the PAC we can continue to fight for the political needs of our association. I know times are hard for many, but please realize the organizations against our issues are not letting up and many have deep pockets. For those who have and continue to support the PAC, I want to personally thank you for your help. The PAC makes a difference for all of us and our industry.

MCAA’s 2020 advocacy efforts need your help. Donate to the MCAA PAC, a critical factor to our success in moving forward legislation that positively affects your business.

(Note: In order to comply with campaign finance laws, you will need to complete a solicitation authorization form before making a contribution. Find additional details and both the solicitation authorization and contribution forms via the button below.)

Contribute

Second Chance at Paycheck Protection Program Loan

As the new Senate bill was passed by the House on April 23, 2020, the Paycheck Protection Program (PPP) gained additional emergency funds. MCAA partners and law firm, Lindabury, McCormick, Estabrook & Cooper, P.C., provide an overview of the program application and loan forgiveness requirements to assist MCAA members.

DOL Releases Field Assistance Bulletin 2020-1 & FFCRA Posters for Employers

The DOL Wage and Hour Division has updated their COVID-19 webpage to include Field Assistance Bulletin 2020-1, “Temporary Non-Enforcement Period Applicable to the Families First Coronavirus Response Act (FFCRA),” states that the DOL will not bring enforcement actions against any public or private employer for violations of the leave requirements in the FFCRA for a 30-day period ending on April 17, 2020, provided that the employer has made reasonable, good faith efforts to comply with the Act.

Separately, the Wage and Hour Division have released the posters that employers are required to display outlining the rights of federal employees and non-federal employees under the FFCRA. The Wage and Hour Division has also made available a FAQ addressing issues related to the posters (e.g., where the posters must be displayed, etc.)

UA-MCAA Labor Relations Conference Convenes in Las Vegas

The 2019 UA-MCAA Labor Relations Conference: Succeeding Together will convene October 29 – 30, 2019, at The Mirage in Las Vegas, Nevada. The conference, jointly hosted by the United Association (UA) and MCAA, will feature panel discussions focused on topics such as growing apprenticeships, expansion of service, and attracting tomorrow’s diverse workforce.

Register Today for the UA-MCAA Labor Relations Conference

The 2019 UA-MCAA Labor Relations Conference: Succeeding Together is scheduled to take place October 29 – 30, 2019, at The Mirage in Las Vegas, Nevada and registration is now open!

The conference, jointly hosted by the United Association (UA) and MCAA, will feature panel discussions focused on topics such as growing apprenticeships, developing a joint labor-management strategic planning committee and retention of workers.

Acknowledging the importance of engaging the future of our organizations, the UA is asking all locals to bring one apprentice to the conference this year. MCAA will be hosting a breakout session with these apprentices to give them an opportunity to really dig into and ask questions about the management of the business with MCAA leaders one-on-one. Because apprentices are not only the future of the UA, they are the future of the MCAA as well.

To maximize our time together, MCAA is asking its members to plan joint dinners with their local labor partners following Tuesday’s reception. Exchanging ideas and experiences is how we will continue to thrive in this industry we all love, it is how we will be Succeeding Together.

Emily Murphy Confirmed to Lead the U.S. General Services Administration

Emily Murphy, a former procurement policy consultant for the MCAA Government Affairs Committee and daughter of former MCAA President Jim Murphy and Mimi Murphy, was confirmed by the Senate as the new leader of the U.S. General Services Administration. The GSA is the lead civilian agency focusing on procurement policy and government operations.

Ms. Murphy’s confirmation hearing was held on October 18, 2017. She was introduced by Missouri Senator Claire McCaskill, the Ranking Democrat on the Senate Homeland Security and Governmental Affairs Committee.

Lawmakers on both sides of the aisle were supportive of Ms. Murphy’s appointment and exceptionally strong credentials for the position.

Watch the confirmation hearing

It’s Not Too Late to Reserve Your Room for the 2017 UA/MCAA Labor Relations Conference

The UA/MCAA Labor Relations Conference will be held at The Mirage in Las Vegas, November 14-15, 2017. The conference theme is “Highlighting Best Practices.” This will be a very positive and forward-looking event. There will be substantial UA attendance as the UA is holding a Business Managers Meeting in conjunction with the Labor Relations Conference. It will be great, therefore, to have robust attendance from MCA affiliated associations. To encourage maximum attendance there will be NO registration fee.

To reserve your room at The Mirage:

Reserve Online

To reserve by telephone:

Call: 800-627-6667
Reference code: SUAM1117

Room rates begin at $180.00/night and must be booked no later than Friday, October 20, 2017.

Registration for the conference will open in August. The conference will begin with a reception the evening of Tuesday, November 14. The conference program will be all day on Wednesday, November 15. That evening MCA local associations and UA local union attendees are encouraged to hold joint dinners. MCAA participants should, therefore, not plan on departing before the morning of November 16.

For more information, contact John McNerney.