ABC TESTIFIES BEFORE IRS ON THREE PERCENT WITHHOLDING TAX: ABC April 16 testified before the Internal Revenue Service on how section 511 of the Tax Increase Prevention and Reconciliation Act of 2005 should be implemented.  Section 511 requires that 3 percent of payments for goods and services made by federal, state and local governments and their agencies be withheld from government contractors.

ABC suggested that to address cash flow concerns, IRS implement reporting requirements instead of withholding requirements and pointed out that when reporting requirements were implemented, compliance rose from 57 percent to 96 percent, but adding withholding requirements only slightly improved compliance further.

addition, ABC commended IRS for proposing rules that would exempt certain payments from the withholding, but noted that the recommended limit of $10,000 for payments and a corresponding $300 impact threshold was too low to be meaningful and suggested that IRS raise the threshold to at least $100,000.

ABC recommended permitting the amount withheld from a contractor be applied against the estimated tax liability for the specific tax quarter in which the withholding takes place; exempting payments from withholding where the three percent rate is expected to exceed the income tax the taxpayer will owe; establishing procedures so that vendors who are in compliance are not subject to withholding; and excluding S corporations, limited liability corporations and other pass-through entities from the requirements.

ABC CELEBRATES EARTH DAY WITH NEW GREEN WEBSITE: ABC April 22 launched a new website, GreenConstructionAtWork.com, to serve as a resource for members of the construction industry who want to learn more about sustainable or “green” building practices.

GreenConstructionAtWork.comoffers information on how to find and access funding for retrofitting or purchasing construction equipment to become more environmentally friendly as well as industry news, a calendar of upcoming events and information on the U.S. Green Building Council’s Leadership in Energy and Design (LEED) green building rating system.  In addition, the site contains tips on how to green jobsites, offices and homes.  To learn 10 actions you can take now to help the environment and celebrate Earth Day, visit GreenConstructionAtWork.com.

E-VERIFY RULE SUSPENDED UNTIL JUNE 30: The federal government April 17 again suspended implementation of a new rule that requires federal contractors to utilize the Employment Eligibility Verification (E-Verify) system for verification of all new and many existing employees.

Last summer, President Bush issued Executive Order 12989, requiring federal contractors to electronically verify their employees’ work eligibility. The final rule implementing the order was set to go into effect Jan. 15, and then was delayed until May 21.  The Obama administration requested additional time to review the rule in light of pending litigation and announced last week that federal contracts awarded before June 30, will not require contractors to use the E-Verify.

The rule is the subject of a legal challenge brought by ABC and its coalition partners.  The challenge questioned the government’s authority to promulgate the regulation and sought an injunction from a federal court (Chamber of Commerce of the United States of America, et al. v. Michael Chertoff, et al., Civil Action No. AW-08-3444 (D. Md.)). The legal challenge echoed ABC’s previous comments on the rule and argued that to requiring broader use of E-Verify would be illegal and expose contractors to needless liabilities.

ABC SPEAKS OUT ON GREEN JOBS PLAS AND THE DAVIS BACON-ACT:ABC April 21 submitted testimony to the U.S. Senate Committee on Health, Education, Labor and Pensions on the role of green jobs in our economy.  In addition, ABC submitted testimony to the U.S. Senate Committee on Environment and Public Works on green jobs and on the negative impact project labor agreements (PLA), the Davis-Bacon Act and Buy American provisions have on construction projects.

In its testimony to the U.S. Senate Committee on Health, Education, Labor and Pensions, ABC expressed concern over the “Green Jobs Act of 2007,” enacted as part of the “Energy Independence and Security Act of 2007” which was signed into law December 2007 and establishes National Energy Training Partnership Grants.  The bill funds training programs targeted at creating an efficient energy and renewable energy skilled workforce, but excludes open shop training programs from receiving this funding.  “The advances in the technology and skill involved in green building, and the benefits of their use, is indeed a welcome trend for contractors, skilled workers and the end user,” ABC stated in its testimony. “It is our view that the most efficient path to encouraging this continued growth of this sector is by giving all training providers, regardless of union affiliation, access to federal training programs so that the greatest numbers of workers can be trained in green jobs.”

ABC also submitted testimony to the U.S. Senate Committee on Environment and Public Works about PLAs and Davis-Bacon Act prevailing wage requirements contained in the “American Recovery and Reinvestment Act of 2009 (ARRA).”  ABC noted that PLAs discriminate against nonunion contractors and raise the cost of projects.  ABC also pointed out Davis-Bacon Act requirements could significantly delay projects that are currently shovel-ready.  “For example, if a project is bid and the work is set to begin as soon as funding is procured and one dollar or more of project funding comes from the ARRA, the entire project would have to be re-bid taking into account Davis-Bacon wage rates for that project,”  ABC noted in its testimony.

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SPRING/SUMMER TRAINING SCHEDULE

Training Classes

Management & Safety Class Schedule

First Aid/CPR Classes

$50.00 each attendee – Member Price/$60.00 each attendee – Non-Member

Recertification only - $40.00 each attendee – Member Price/$50.00 each attendee – Non-Member Price

¨  May 5, 2009 – 7:00 – 11:00 a.m. – OMAHA

¨  May 27, 2009 – 7:00 – 11:00 a.m. – LINCOLN

¨  June 2, 2009 – 7:00 – 11:00 a.m. – OMAHA

¨  June 25, 2009 – 7:00 – 11:00 a.m. – LINCOLN

OSHA 10 Hour Class

OSHA requires a competent person on all job sites.  This course ensures that your people have the necessary training to comply with OSHA standards CFR 1926.32(f) for a competent person. Training includes OSHA Construction Standards CFR 29 1926, Scaffolds, Ladders and Stairways, Housekeeping, Personal Tools, Electrical Hazards, Fall Protection, Materials Handling, Hazardous Communications and much more!

**CFR 192 OSHA Regulations Book for the Construction Industry with new steel erection standards will be available for $25.00** each for class participants.

$135.00 each attendee – Member Price/$240.00 each attendee – Non-Member Price

¨  May 14, 2009 - 7:00 a.m. – 5:30 p.m. – OMAHA

¨  May 21, 2009 - 7:00 a.m. – 5:30 p.m. – LINCOLN

¨  June 17, 2009 - 7:00 a.m. – 5:30 p.m. – LINCOLN

¨  June 24, 2009 - 7:00 a.m. – 5:30 p.m. – OMAHA

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Omaha Classes are held at the Education Center, 2602 Harney Street, Omaha

Lincoln Classes are held at the Training Center, 830 Westgate Blvd., Lincoln

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Return Registration Form and Check Payable to Associated Builders & Contractors

830 Westgate Blvd., Lincoln, NE  68528    FAX 402-477-4522

Email-debh@abcnebraska.org