Merit Minute Header 
September 26, 2013: Volume 5, Issue 16

 

In This Issue
Prevailing Wage Repeal: Another Step Toward Stable State Economy
Notice to Employers Regarding the ACA
OFCCP Issues New Federal Contracting Rules
A Day to Thank our Tradesmen
John Doherty Retiring
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Prevailing Wage Repeal: Another Step Toward Stable State Economy

  

Gov. Rick Snyder and the Michigan Legislature have done much to improve Michigan's business climate in recent years. However, one archaic, nonsensical law remains on the books, and it costs taxpayers money every year.

 

Michigan needs to keep job numbers growing, but the state's outdated prevailing wage law is holding the construction industry back. The law forces construction companies to pay artificially high wages to workers on state-financed or state-sponsored construction projects, which in turn raises the total cost for taxpayers footing the bill.

 

It's a huge price tag for a major sector of the economy that's still recovering, and it's helping to drain the budgets of cash-strapped school districts and other governmental units. 

 

We now have a simpler, fairer tax system and a more streamlined regulatory process, helping Michigan's employers focus on what they do best - growing their businesses and creating jobs. Prevailing wage, however, which requires that workers on taxpayer-funded construction projects receive the "prevailing wage" for the area in which the project is located, results in unnecessary, wasteful spending at a time when local units of government are trying to stretch and manage their dwindling financial resources as best as they can.  

 

It's an unfair law that has been entrenched on the books since 1965. Michigan lawmakers need to continue their bold march toward reshaping the state's business climate by repealing the law. Legislation introduced earlier this year in both the House and Senate would eliminate the law and allow the construction industry to set competitive, market-based wages, instead of those established by the increasingly small union segment of the work force. 

 

The bills are based on common sense and fairness. Businesses in every other sector of Michigan's economy are allowed to compete for the best workers by paying them competitive wages - not those mandated by capricious public policy.

  

The law's name couldn't be more misleading. There's nothing "prevailing" about the wage rates the law dictates. Rather, they're based on union wage classifications and work rules, despite the fact that roughly 80 percent of Michigan's construction work force does not belong to a union.

 

Michigan's construction firms are already doing well by workers, paying them an average free-market wage of $23 an hour, which is significantly more than the average paid for all industries.

 

No other industry is subjected to the type of red tape required by prevailing wage. The law is a regulatory nightmare that greatly increases construction firms' paperwork expenses. Each geographic area has different wage rates, and they often change quarterly.

 

Construction companies also must monitor the classification under which each worker is paid. Considering that workers could perform several tasks each day, each requiring a different pay rate, it's easy to see how the red tape - and monitoring expenses - can quickly pile up.

 

Imagine if all businesses in Michigan had to operate under similar rules as those imposed by the prevailing wage law. The result would be job-killing inefficiency on a massive scale. 

 

Forty-three other states have no prevailing wage mandate, or they at least calculate wage rates based on an accurate sampling of all construction wages.  

 

Michigan has taken remarkable strides in remaking itself so that it can better compete economically on a national scale. Lawmakers can continue the momentum by repealing the state's wasteful, job-killing prevailing wage law.

  

Notice to Employers Regarding the Affordable Care Act

 

In accordance with the Affordable Care Act (ACA), employers must provide their employees a notice of the health insurance coverage options available through the online insurance marketplace, also referred to as the exchange. This notice must be provided to employees by October 1, 2013. New employees must be given the notice within 14 days of employment.

 

The ACA includes a variety of measures designed to control health insurance costs and improve access to affordable, quality coverage. They include the "individual mandate," which takes effect next year, and the "employer mandate," which has been delayed until 2015.

 

The act also created the Health Insurance Marketplace, a system of state-based, competitive private health insurance exchanges. Beginning on January 1, 2014, these exchanges will provide individuals and small businesses with a "one-stop shop" for comparing and purchasing health insurance products.


Open enrollment in the Health Insurance Marketplace begins on October 1, 2013, and the ACA requires employers to notify their employees about the Marketplace by that date.

 

The Department of Labor has provided employers with model notices that can be distributed to employees:

 

Model Notice of Online Marketplace for Employers with Health Plans

 

Model Notice of Online Marketplace for Employers without Health Plans


OFCCP Issues New Federal Contracting Rules Addressing Affirmative Action for Veterans and Individuals with Disabilities 

 

On Sept. 24, the U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) published two final rules drastically revising Section 4212 of the Vietnam Era Veterans' Readjustment Assistance Act  (VEVRAA) and Section 503 of the Rehabilitation Act, which require federal contractors and subcontractors to maintain affirmative action and nondiscrimination plans for veterans and individuals with disabilities, respectively. Both rules will go into effect on March 24, 2014. 

 

Of most concern to construction contractors are provisions requiring written documentation and tracking of workforce statistics to determine whether the percentage of protected employees meets affirmative action requirements for federal projects. Such paperwork and reporting provisions are completely new to the construction industry.

 

ABC has serious legal and practical concerns with the agency's new rules, and is considering a legal challenge.

 

ABC has prepared a guidance document that summarizes the main provisions in the VEVRAA and Section 503 rules. Please view ABC's guidance document

 

ABC also recently held a webinar, OFCCP Finalizes Veterans and Individuals with Disabilities Rules: What Every Federal Contractor and Subcontractor Needs to Know, on the major provisions of the newly revised VEVRAA and Section 503 rules. To view the archived webinar, please visit the Academy for Construction Ethics, Compliance and Best Practices.

 

For additional information on the rules, please visit OFCCP's resource pages for the VEVRAA and Section 503 rules. 

 

Sen. Booher Op-Ed: A New Day to Thank Our Community's Tradesmen

 

There's a day to honor administrative assistants, bosses and teachers, but what about those folks who show up at your house when the toilet is overflowing or the A/C quits? When do we say thanks to the tradesmen who built America and keep it running strong?

 

Have you ever stopped to think what would happen if there were no mechanics in Michigan to repair our cars or if there were no tradesmen with the skills to build the roads that we travel every day? What would we do?

 

According to a recent Talent Shortage Survey by ManPower Group, jobs for skilled tradesmen go unfilled more than any other category of employment. That's right: plumbers, electricians, welders, mechanics and more-there are simply not enough youth considering professions as tradesmen. Why don't more people want to learn a skilled trade so they can work with their hands and make a good living?

 

The answer may lie, in part, to the fact that Americans show very little appreciation for the men and women employed as professional tradesmen.

 

It's time that we did something to change that perception, which is why I introduced Senate Resolution 86 to recognize Sept. 20 as National Tradesmen Day in Michigan this year. 

 

A simple day to say "thank you" is at the heart of a campaign started in 2011 by IRWIN Tools. National Tradesmen Day is the centerpiece of the campaign to recognize America's tradesmen and is held the third Friday of September.

 

I first learned about National Tradesmen Day from the Wexford-Missaukee Career Technical Center in my district. The center held a celebration in honor of this day on Sept. 20 and invited all tradesmen to attend. 

 

I encourage more schools and centers to do something similar to help thank our workers and encourage more young people to pursue a skilled trade. Reports show that by 2030, 79 million tradesmen will retire with only 41 million new workers replacing them; and only 6 percent of high school students consider a career in the trades. Most vacated jobs will require training and expertise our young people are not getting, so we must do all we can to better educate them about the opportunities available. 

 

I hope that National Tradesmen Day becomes a part of this state's traditions. Maybe it's a day to hold a celebration, like the career center is doing, or drop a box of doughnuts off at the body shop. Maybe it's just a good excuse to call a trusted skilled tradesman who has helped you and say "thanks."

 

To work with one's hands-to build something-has always been and should be commendable. With this resolution, we now have an official day to honor the hardworking tradesmen of Michigan. Please join me in celebrating tradesmen on every National Tradesmen Day moving forward, and let's encourage more of our young people to explore the skilled trades.

 

For more ideas and information about how to thank tradesmen, visit www.nationaltradesmenday.com

 

John Doherty Retiring After 42 Years
                         
                       
Legislators and ABC Members from across the state have been invited to a reception honoring John Doherty on the occasion of his retirement from 42 years of service to the ABC Western Michigan Chapter.
  
The reception is being held on October 10, 2013 at the JW Marriott Hotel in Grand Rapids beginning at 5:30 p.m.  Those interested in attending to celebrate John's career with ABC are being asked to RSVP. 
  
An invitation and response form is attached for your convenience.
    
Associated Builders and Contractors of Michigan is a statewide trade association, working in partnership with three local chapters, dedicated to providing Michigan with high-quality, affordable, safe and on-time construction.  ABC of Michigan is an equal opportunity organization that opposes all discrimination in the construction industry including discrimination based on union affiliation. A leading construction industry voice with state government, ABC provides many member services including legislative advocacy, networking opportunities, member benefits, legal updates, business development and educational opportunities.