We are in uncharted territory since the advent of COVID-19. NYECA leadership is doing its best to stay on top of all the current information coming from Local Union #3, IBEW, the Joint Industry Board, the New York City Department of Buildings, the City of New York, the State of New York, the CDC, and OSHA.
We know you, as business owners, are paying attention as well. Moving forward, communication will continue to be key, so we encourage you to stay in touch with the Association Office.
We want to keep you up-to-date and information is changing daily.
New York City Releases Vaccine Mandate Requirements
As was expected, New York City released its guidance on the recent announcement by Mayor Bill de Blasio to require all employers of employees working in person in NYC to obtain proof of COVID-19 vaccination or request a religious or medical exemption by December 27, 2021. The Order is in effect today. Below is a summary of those requirements and what you as an employer need to know.
By December 27, 2021, employers must:
(i) obtain a copy of the full vaccination proof/ partial vaccination proof/ request for an exemption from each employee (working in New York City) to be held in a secure file.
OR
(ii) see the proof from each employee and create a record containing the: (a) name; (b) whether the employee is fully vaccinated; (c) if only partially vaccinated, note when 45 days from the first dose by which proof of the second dose must be provided; and (d) if a reasonable accommodation is requested, note of the status of such request (all employee supplied supporting documents for the request must be kept in a separate secure file).
When obtaining/viewing the proof of vaccination, the employee should also present a photo ID matching the vaccination proof.
This applies to ALL NYECA employers. The guidance dictates that it applies to employers with their offices located in New York City OR employers who maintain a workplace within New York City (even if their offices are located outside of New York City). A “workplace” is defined as any location, including a vehicle, where work is performed in the presence of another worker or member of the public.
Aside from the medical/religious exemptions discussed below, the Order provides a few exceptions to this requirement:
All employers must complete the Affirmation of compliance and post it in a conspicuous location at each location. Please click HERE for a copy of the affirmation form.
NYECA strongly advises all employers to keep a copy at each worksite (the proof of vax/records may simply be kept at the business’s office). All New York City agency inspectors will be permitted to check for compliance and issue violations, starting at $1,000, for failure to comply.
Regarding medical and religious exemptions, employees should make all such requests by December 27, 2021. Please click HERE for a copy of the accommodation checklist.
NYECA strongly recommends all employers have their employees submit the request in writing with all supporting documentation for the employee’s claimed exemption.
The City has provided a model checklist for your use when an employee requests a medical or religious exemption (we recommend that you do not provide the form to the employee, as it includes guidance for the employer to use in making its determination). An unvaccinated employee will be permitted to continue working while an exemption request is pending.
NYECA and Local Union #3, IBEW have come to an agreement to get the industry through the New Year as we wait for further guidance from incoming Mayor Eric Adams.
**If you have subcontractors at a workplace, instead of personally collecting those individuals’ vaccination proofs, you may request the subcontractor company comply with the Order. Your company must retain the proof of your request to the subcontractor and the confirmation of compliance from the subcontractor.
Please click HERE for a copy of the authorizing Department of Health order dated December 13, 2021.
Please click HERE for the Frequently Asked Questions relating to the New York City Department of Health order.
If you have any questions, please contact the Association Office.
NYC School Construction Authority Personnel and Vaccine Notice
We have received word from the NYC School Construction Authority (SCA) that they have begun notifying their CMs and GCs that in order to perform business as usual and be in compliance with the requirements of the Commissioner of Health and Mental Hygiene’s order the SCA is requiring all construction workers be expected to show their employer/ contractor proof that:
they have been fully vaccinated; or
they have received the first dose of an approved two-dose vaccine and must additionally provide proof that they have received the second dose of that vaccine within 45 days of the first dose.
Without showing proof, workers will not be permitted on DOE/school property after September 27, 2021. At this point there is no testing option.
We are sending this out as an FYI. Please wait to hear directly from your CM or GC about how to proceed.
Please let the Association Office know if you have any questions.
Information on City, State, and Federal COVID-19 Vaccination Policies.
As we continue to work through the rise of the Delta Variant, we want to make you aware of the following policies.
Can I ask my Employees if they are vaccinated?
Yes, you are allowed to ask your employees for proof of vaccination. Either a copy of their CDC vaccination card or state/city approved vaccine passports are acceptable. We encourage every employer to keep an up-to-date record of employees’ status.
Can I request vaccinated employees from the JIB Employment Department?
If you can’t fill the call from employees in your shop who are vaccinated, the employer may call the JIB Employment Department and request employees who are vaccinated.
Please be advised the JIB Employment Department will require proof of the jobsite vaccination requirement. The JIB Employment Department is currently requesting vaccination status of everyone on the unemployment list and whoever calls the department.
My customer is requiring proof of vaccination, can I comply?
Every NYECA member is obligated to follow the directions of their customer (local, state, federal agency, GC, CM, etc.). Like how we have handled drug testing in the past, if you are required by a contract you must comply.
What if an employed electrician refuses a job requiring vaccination?
Lay Off Procedure for Vaccinated Only Job Sites
If an employer is unable to fill a job site request for vaccinated only workers, the employer may terminate unvaccinated workers from that site and call Employment for vaccinated replacement workers.
If employers lay off an unvaccinated electrician or apprentice and replace the workers with a vaccinated unemployed worker, the layoff slip will read:
Reduction – non-vaccinated to be replace by vaccinated.
If worker is just laid off with no replacement, then lay off is a typical reduction. The slip should just say reduction.
All replacements must be sent initially to the site that requested vaccinated only workers.
Can I implement a vaccination requirement for my company?
No, at this point there is no industry-wide collectively bargained policy that requires employers to request their employees (in any division) get vaccinated. We encourage every employer to require masks be worn in accordance with the CDC requirements.
Information from the City of New York
The City of New York is requiring all City contractors to comply with two new mandates related to the COVID-19 vaccination.
The first involves Executive Order No. 74, issued on July 31, 2021, which provides that City contractors must require that their “covered employees” either submit proof of vaccination against COVID-19 or “wear a face covering” unless an individual is subject to an accommodation for face coverings. A “covered employee” includes any person: (1) who is employed by a contractor or subcontractor holding a contract; (2) whose salary is paid in whole or in part from funds provided under a City contract; (3) who performs any part of the work under the contract within the City; and (4) whose work includes physical interaction with City employees or members of the public. City contractors should be prepared to submit a certification that they intend to comply with the terms of Executive Order No. 74 in the time and manner required by any agency with which they have a contract. However, most agencies have yet to publish their certification requirements. While it appears that subcontractors under City contracts are not required to submit a certification to the contracting City agency, general contractors must ensure their subcontractors’ compliance. A copy of Executive Order No. 74 can be found HERE.
The second recent mandate imposes a weekly testing requirement for unvaccinated contracted employees. The City of New York has circulated a “COVID-Safe Requirement” FAQ sheet for contracted organizations. Please click HERE for more information. Under the “COVID-Safe Requirement,” employees of contractors working pursuant to a City contract who interact with City employees and members of the public must either:
Any employees who have not provided proof of full vaccination must wear a face covering, regardless of test compliance, unless they have been granted a reasonable accommodation. Any employees interacting with the public must also wear face coverings and a face covering is required for all individuals at all times when present in a pre-kindergarten to twelfth grade school, public transit, homeless shelter, correctional facility, nursing home, or health care setting.
All City contractors must submit an attestation certifying compliance with the City’s “COVID-Safe Requirement” signed by the organization’s Executive Director or equivalent by uploading it directly to their PASSPort vendor profile or sending it to their contracting agency if they do not have a PASSPort account. City contractors must also submit their updated internal policies that reflect this mandate. Note that this attestation is in addition to the certification of compliance for Executive Order No. 74, which requires face coverings for unvaccinated employees.
Further Information:
As of August 2nd, all Health and Hospital employers and most clinic-based employees must comply with the COVID-Safe Requirement. Click HERE for a list of hospital and clinical settings.
Effective August 16th, city employees and contracted employees working in residential and congregate settings pursuant to a City Contract must comply with the COVID-Safe Requirement. Click HERE for a list of residential and congregate settings.
By September 13th, all contracted employees interacting with City employees or the public must comply with the COVID-Safe Requirement (click HERE for the relevant FAQ). Specific agency requirements will be forthcoming on how these policies will be implemented. Most agencies have not published these requirements yet.
By September 27th, the Department of Education will require its contractors and workforce who are working in schools to provide proof of vaccination. At this point there is no weekly testing option, although a reasonable accommodation for medical or religious purposes under the Americans with Disabilities Act (ADA) may be sought. For more information, click HERE.
Information from the State of New York
Following suit, New York issued similar requirements that “all New York State employees . . . will be required to get vaccinated for COVID-19 by Labor Day” and that “State employees who do not get vaccinated will be required to be tested for COVID-19 on a weekly basis.” Moreover, all healthcare workers in New York State, including staff at hospitals and long-term care facilities such nursing homes, adult care, and other congregate care settings, will be required to be vaccinated by September 27, 2021 unless subject to an ADA exemption. Governor Cuomo stated that “New York State is working with state unions to implement the requirement quickly and fairly.” At this time, there is no further information and New York’s requirements do not presently extend to State contractors. The State of New York is deferring all policies to Local Governments in consultation with the Local Department of Health.
Information from the Federal Government
Federal employees and “on site” contractors must either provide “attestation of vaccine” or a) wear a mask on the job no matter their geographic location; b) physically distance from all other employees and visitors; c) comply with a weekly or twice weekly testing requirement; and d) be subject to restrictions on official travel. The Biden Administration further clarified that these rules are intended to be applicable not only to “onsite contractors,” but also to any contractor that is working pursuant to a federal contract. Agencies have been afforded discretion in how to implement the required procedures, meaning that federal contractors may be subject to differing requirements depending upon with which agency they contracted. The present guidance from the White House task force left it as an open issue whether or not employers with federal contracts must observe these same attestation requirements in their offsite offices. Click HERE to see the White House’s July 29, 2021 announcement.
Model policies and safety principles issued by the Safer Federal Workforce Task Force, a sub-group of the White House COVID-19 Response Team, may be found HERE.
Please send any information on jobsite specific requirements to the Association Office. We are compiling a list of all requirements.
While New York State and New York City have lifted their COVID-19 State of emergency declarations, the COVID-19 Sick Pay Laws have not expired, and you are still responsible for paying the individual in accordance with a combination of both the Federal and/or State law. We will continue to monitor any changes in guidelines.
Obligations under Federal Law
Reasons for leave are still the same:
(i) a notice of isolation or quarantine from a Federal, State, or Local Department of health; (ii) a positive test result; or (iii) you are seeking a medical diagnosis and were told to quarantine.
For employers of 500 employees or less. If the individual provides the necessary documentation, the employer must pay full wages and medical benefits to the individual seeking leave under Federal law. The employer will be able to receive a payroll tax credit of up to $511/day, no more than $5100 in the aggregate over 10 days. Please note the hourly rate together with the medical benefits will exceed the $511/day cap. Anything over the $511/day will not be covered when you apply for the tax credit, but you are still obligated to pay it despite the gap in coverage. The credit from the IRS now requires you to file a form 7600. Please speak to your accountants for more information.
It is important to note the 80-hour cap was renewed on March 31, 2021, when Congress passed the American Rescue Plan Act. The 80-hour cap is per individual.
If the individual has used all 80 hours of COVID-19 sick leave under the Federal law, the employer obligation now rolls to the New York State COVID-19 Sick Leave Law
Obligations under New York State Law
UNDER THE NEW YORK STATE COVID-19 SICK LEAVE LAW, YOUR OBLIGATION VARIES BASED ON YOUR SIZE.
Reasons for leave are still the same:
In the event of (i) a notice of isolation or quarantine from their Local Department of Health; or (ii) a positive test result, the employee must be compensated with paid sick leave. There is no tax credit available under the New York State program.
If you have ten or fewer employees and you had a net income greater than $1million last year you must provide your employees with at least 5 days of paid sick leave. Compensation for the remainder of the quarantine is provided through paid family leave and/or disability.
Employers with 11-99 employees must provide their employees with at least five days of paid sick leave. Compensation for the remainder of the quarantine is provided through paid family leave and/or disability.
Employers with 100 or more employees must provide 10 days of paid sick leave. Compensation for the remainder of the quarantine is provided through paid family leave and/or disability.
For employers of 500 employees or more, the New York State COVID-19 Sick Leave Law is still applicable, and you must provide paid sick leave.
Additionally, a January New York State Department of Labor guidance clarified that an individual can only receive COVID-19 sick pay from their employer three times. The first time can be based on either a close contact scenario or a positive test. The second two times must be based on a positive test.
As has always been the case, existing leave cannot be used to cover the required leave. COVID-19 Sick Leave is in addition to any other leave to which the individual is entitled. In all cases, the COVID-19 sick pay is in addition to the general sick or safe leave pay.
Paid Family Leave and Disability
Only after the COVID-19 Sick Leave is paid to the individual by the employer is the individual able to apply for the paid family leave and disability benefit. The worker will be entitled to the greater Federal or State sick benefits for which he or she qualifies. If the individual needs to go out longer than the 10 days under the Federal Sick Pay law or the State Sick Pay law, it will roll into a paid family leave benefit or disability benefit and a separate application will need to be made to EESISP at that time. The benefits application is available through EESISP and must be submitted by the individual to EESISP.
Job Shutdown and Temporary Lay Off
If the entire job is shut down by the General Contractor or owner, the workers do not qualify for sick pay. In this situation, the employer should utilize temporary layoff and put the individuals on unemployment, one full week at a time so they can get the maximum allowable under the state pay-out cycle. If the job shuts down in the middle of the week and the shutdown does not qualify the employee for sick pay under Federal or State Law, a wage replacement day can be utilized to bridge any gap days until the unemployment compensation kicks in. If you have any questions, please contact the Association Office.
The American Rescue Plan has extended the voluntary provision of FFCRA Paid Sick and Family Leave Tax Credit through September 30, 2021. The provision also “resets” the 80 Hours (10-day period) after March 31, 2021. It is important to remember these provisions only apply to employers with less than 500 total employees.
The Families First Coronavirus Response Act’s (FFCRA) sick and paid leave tax credit was previously structured as a payroll tax creditable against the Federal Old-Age, Survivors, and Disability Insurance program (OASDI.) As such, this credit flows to employers principally by allowing businesses to withhold Social Security taxes rather than making payments to the IRS.
However, the American Rescue Plan has changed the way employers can take the credit. The law no longer allows the employer to credit wages against the 6.2% OASDI, instead only including a credit against the Medicare Hospital Insurance Tax of 1.45%.
For most companies, it will take much longer to monetize the credit. Instead of simply withholding taxes, most businesses will have to file IRS Form 7200 to receive payment since the amount of the credit will be more than the federal employment taxes the employer owes. It is unclear whether the Treasury Department will release guidance allowing a credit against income tax withholding. As always, we will keep you updated when and if the Treasury Department releases any guidance.
Additionally, the American Rescue Plan also extended the Employee Retention Tax Credit (ERTC) – The ERTC was extended to apply to the third and fourth quarters of 2021. Employers are allowed a 70% credit for qualified wages up to $10,000 per quarter per employee. Generally, businesses that have experienced a 20% year-over-year decline in gross receipts are eligible for the credit.
We encourage all NYECA members to speak with their accountants about how these changes affects you.
This email is to notify you the agreement to utilize temporary layoff expired yesterday. All temporary layoffs will be converted to permanent layoffs and the individual members will be slotted on the unemployment list based on their previous work history.
The employment situation in Westchester has improved and continues to improve since March. On March 2, 2020, 188 AJs were unemployed, and 128 AJs were on temporary layoff. (Totaling 316). On August 17, 2020, 102 AJs were unemployed and 33 were on temporary layoff. (Totaling 135).
Moving forward, if you wish to utilize a temporary layoff for anything relating to COVID-19, you must request permission from Local Union #3, IBEW and it will be approved on a job by job basis. Proof of COVID-19 impact will be needed as part of any request to Local Union #3, IBEW.
Please contact the Association Office and we can help you work through the application process.
Thank you.
September 4, 2020 is the agreed upon date between NYECA and Local Union #3, IBEW that the provisions of the National Disease Emergency Response Agreement (NDERA) and the agreement making modifications to the ADM agreement will terminate. In addition, September 8, 2020 is when the BCTC re-mobilization agreement will terminate.
The Association is asking you to complete the survey linked below so we can determine if certain provisions of any of the agreements need to be extended.
The best way the Association can advocate for you and your company is if we have all the correct information.
PLEASE CLICK HERE TO TAKE SURVEY.
If you have any questions, please contact the Association Office.
| Reminder: Employers must recall temporary laid off workers through JIB Employment Department. Please place call for Apprentices |
Please be advised, NYC and Westchester-Fairfield Employers must recall all of their temporary-laid off workforce through the JIB Employment Department.
Employers and their representatives should not notify the member directly.
Employers must do this by sending an email to employmentslips@jibei.com.
Please call the Association Office with any questions.
| BCTC RE- MOBILIZATION AGREEMENT EXTENDED UNTIL SEPTEMBER 8, 2020 |
The Building Construction Trades Council (BCTC) in NYC along with the Contractor Associations have agreed to EXTEND the re-mobilization plan until September 8, 2020. The full plan (with updated expiration date) can be accessed by clicking HERE.
ALL PROVISIONS OF THE AGREEMENT REMAIN THE SAME. IF YOU PLAN TO UTILIZE THE AGREEMENT, YOU ARE REQUIRED TO NOTIFY THE JIB USING THE FORM THAT IS LINKED AT THE END OF THIS EMAIL
The re-mobilization plan put forward by the BCTC and agreed to by Local Union #3, IBEW and NYECA is limited in nature. These terms and conditions apply to non-essential private construction sites that were demobilized for any period of time pursuant to Governor Cuomo’s Executive Order 202.13, which banned non-essential construction, as well as interior projects that were demobilized or delayed as a result of Executive Order 202.13. These changes are available for work performed on these jobs between June 8, 2020 and August 6, 2020. This agreement does not apply to any essential or public works construction projects.
The following was agreed to and is outlined in the agreement.
4.A second or third shift can be worked Monday through Friday based on a 5% shift rate as opposed to the shift rates in the Agreement and Working Rules. The rate of pay and hours worked shall be as follows:
a.Second shift: 7.5 work hours
$64.96 per hour X 7.5 hours = $487.20 per shift
b.Third shift: 7 work hours
$69.60 per hour X 7.0 hours -= $487.20 per shift
Benefits are paid pursuant to the Agreement and Working Rules (CBA) – contributions to the Annuity and HRA are based on eight (8) hours and all other contributions are based on the Agreement and Working Rules (CBA).
The Modification Agreement referenced above in point 5 can be accessed by clicking HERE. Please fill it out for each job where this agreement will be utilized. A signed form must be returned to Kevin Duffy at the JIB before work is started. Kevin’s email is kduffy@jibei.com.
Please make sure to forward this to your Superintendent if applicable.
If you have any questions, please contact the Association Office.
| NYECA Signs Westchester County Association Letter Advocating for Additional Federal Stimulus |
The New York Electrical Contractors Association’s Westchester-Fairfield Division, through its participation in the Westchester County Association, has signed onto a letter urging Congress to act immediately to pass additional stimulus legislation that:
1- Provides approximately $1 trillion dollars of aid to state and local governments in response to COVID-19
2- Provides targeted and temporary liability protection for COVID-19 related claims to responsible organizations that have followed health-based guidelines.
For a copy of the letter, please click HERE.
If you have any questions, please contact the Association Office.
| REMINDER: Fines being given for failure to comply with NYC DOB COVID-19 mitigation practices- GCs also cracking down. |
It has been brought to our attention that some contractors are being thrown off jobs by General Contractors and being fined by the New York City DOB for not complying with the Department’s approved COVID-19 mitigation plan. The most common violation that continues to be written is for failure of employees to wear masks. It is imperative and a matter of law that everyone on a job site wear a mask.
The Safety Plan you must have on-site should be filled-out completely and posted for all to see. The Safety Plan’s intent is to outline how your workplace will prevent the spread of COVID-19. You should follow the Safety Plan template located on the State’s website, which you can access by clicking here. Your State Affirmation should be posted as well, you can fill-out your Affirmation by clicking here. All sites must also provide and maintain (at least one) hand hygiene station that is accessible for all personnel. This could include a hand washing station with soap, water, and paper towels, or an alcohol-based hand sanitizer containing 60% or more alcohol for areas where hand washing is not feasible.
To understand what is expected of your site, please refer to the Interim Guidance for Construction Activities During the COVID-19 Public Health Emergency, our “Do’s and Don’ts” Document, and our “What To Know” One-Pager. Also please remember as City Employees performing essential regulatory duties, DOB Inspectors and other Field Staff with face coverings who visit construction sites are self-monitoring for any COVID-19 symptoms every day to ensure they do their work safely for themselves and the public. As such, Inspectors and Field Staff are not subject to screening and must be permitted access to a construction site. Failure to provide access will result in the issuance of a Stop Work Order.
For additional information on the Phase 1 re-opening, please visit nyc.gov/buildings. On our Phase-1 re-opening webpage, you will find resources including DOB’s Phase 1 Re-Opening Guidance, FAQs, and the State’s Interim Guidelines. If you have any questions, please reach out via email to COVID19@buildings.nyc.gov or by contacting the Association Office.
| Employers must recall temporary laid off workers through JIB Employment Department. Please place call for Apprentices |
Please be advised, NYC and Westchester-Fairfield Employers must recall all of their temporary-laid off workforce through the JIB Employment Department.
Employers and their representatives should not notify the member directly.
Employers must do this by sending an email and the appropriate form to employmentslips@jibei.com.
Additionally, please place calls for apprentices in New York City with the Employment Department. We are in conversations with Local Union #3, IBEW about the need for a new class and need to have an accurate reporting of what the industry needs.
Please call the Association Office with any questions.
It has been brought to our attention that some contractors are being thrown off jobs by General Contractors and being fined by the New York City DOB for not complying with the Department’s approved COVID-19 mitigation plan. The most common violation that continues to be written is for failure of employees to wear masks. It is imperative and a matter of law that everyone on a job site wear a mask.
The Safety Plan you must have on-site should be filled-out completely and posted for all to see. The Safety Plan’s intent is to outline how your workplace will prevent the spread of COVID-19. You should follow the Safety Plan template located on the State’s website, which you can access by clicking here. Your State Affirmation should be posted as well, you can fill-out your Affirmation by clicking here. All sites must also provide and maintain (at least one) hand hygiene station that is accessible for all personnel. This could include a hand washing station with soap, water, and paper towels, or an alcohol-based hand sanitizer containing 60% or more alcohol for areas where hand washing is not feasible.
To understand what is expected of your site, please refer to the Interim Guidance for Construction Activities During the COVID-19 Public Health Emergency, our “Do’s and Don’ts” Document, and our “What To Know” One-Pager. Also please remember as City Employees performing essential regulatory duties, DOB Inspectors and other Field Staff with face coverings who visit construction sites are self-monitoring for any COVID-19 symptoms every day to ensure they do their work safely for themselves and the public. As such, Inspectors and Field Staff are not subject to screening and must be permitted access to a construction site. Failure to provide access will result in the issuance of a Stop Work Order.
For additional information on the Phase 1 re-opening, please visit nyc.gov/buildings. On our Phase-1 re-opening webpage, you will find resources including DOB’s Phase 1 Re-Opening Guidance, FAQs, and the State’s Interim Guidelines. If you have any questions, please reach out via email to COVID19@buildings.nyc.gov or by contacting the Association Office.
This email serves as a final reminder that beginning today non-compliance with the Department of Buildings’ COVID-19 Guidance will result in in the issuance of a violation carrying a $5,000 penalty. In particular, failure to have either a COVID-19 Safety Plan, affirmation, or a hand-hygiene station on site will also result in the issuance of a Stop Work Order. Please be sure to be in compliance with the COVID-19 Guidance to avoid receiving a violation and Stop Work Order and to keep us all safe. Click HERE to find an updated FAQ document and Click HERE for a Service Notice that speaks to the process for submitting a request to lift a COVID-related Stop Work Order in DOB NOW. |
As New York City continues to re-open, the resumption of all permitted construction work can be seen across every corner of our City. In response, on Monday, June 8th, Department of Buildings (DOB) Inspectors began a citywide inspection sweep of every permitted site to verify compliance with State and City Phase 1 restart requirements. For the first month of the sweep, there are no monetary penalties associated with our Phase 1 restart enforcement actions, but effective this Wednesday, July 8th, 2020 sites found out of compliance will be subjected to violations that carry financial penalties of $5,000 per violation with the potential for a Stop Work Order. Continued noncompliance may result in additional summonses with accompanying civil penalties of up to $10,000 for each offense. To reiterate, if during DOB’s sweep, any Construction Code and Electrical Code non-compliance are observed, Inspectors will take appropriate enforcement actions, including the potential issuance of violations with monetary penalties. To be clear, if a single Phase 1 restart violating condition is observed on your site on or after this Wednesday, July 8th, 2020 – your site will be assessed a violation that carries a financial penalty of $5,000. If your site does not have a Safety Plan and State Affirmation conspicuously posted and/or is lacking a proper hand hygiene station, your site will be issued a Stop Work Order in addition to the financial penalty. The Safety Plan you must have on-site should be filled-out completely and posted for all to see. The Safety Plan’s intent is to outline how your workplace will prevent the spread of COVID-19. You should follow the Safety Plan template located on the State’s website, which you can access by clicking here. Your State Affirmation should be posted as well, you can fill-out your Affirmation by clicking here. All sites must also provide and maintain (at least one) hand hygiene station that is accessible for all personnel. This could include a handwashing station with soap, water, and paper towels, or an alcohol-based hand sanitizer containing 60% or more alcohol for areas where handwashing is not feasible. To understand what is expected of your site, please refer to the Interim Guidance for Construction Activities During the COVID-19 Public Health Emergency, our “Do’s and Don’ts” Document, and our “What To Know” One-Pager. Also please remember as City Employees performing essential regulatory duties, DOB Inspectors and other Field Staff with face coverings who visit construction sites are self-monitoring for any COVID-19 symptoms every day to ensure they do their work safely for themselves and the public. As such, Inspectors and Field Staff are not subject to screening and must be permitted access to a construction site. Failure to provide access will result in the issuance of a Stop Work Order. For additional information on the Phase 1 re-opening, please visit nyc.gov/buildings. On the Phase-1 re-opening webpage, you will find resources including DOB’s Phase 1 Re-Opening Guidance, FAQs, and the State’s Interim Guidelines. If you have any questions, please reach out via email to COVID19@buildings.nyc.gov or by contacting the Association Office. |
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As was discussed during the NYECA General Membership Meeting this morning, non-essential construction will resume on Monday June 8, 2020.
The Building Construction Trades Council (BCTC) in NYC along with the Contractor Associations have agreed to a re-mobilization plan. The full plan can be accessed by clicking HERE.
The re-mobilization plan put forward by the BCTC and agreed to by Local Union #3, IBEW and NYECA is limited in nature. These terms and conditions apply to non-essential private construction sites that were demobilized for any period of time pursuant to Governor Cuomo’s Executive Order 202.13, which banned non-essential construction, as well as interior projects that were demobilized or delayed as a result of Executive Order 202.13. These changes are available for work performed on these jobs between June 8, 2020 and August 6, 2020. This agreement does not apply to any essential or public works construction projects.
The following was agreed to and is outlined in the agreement.
4.A second or third shift can be worked Monday through Friday based on a 5% shift rate as opposed to the shift rates in the Agreement and Working Rules. The rate of pay and hours worked shall be as follows:
a.Second shift: 7.5 work hours
$64.96 per hour X 7.5 hours = $487.20 per shift
b.Third shift: 7 work hours
$69.60 per hour X 7.0 hours -= $487.20 per shift
Benefits are paid pursuant to the Agreement and Working Rules (CBA) – contributions to the Annuity and HRA are based on eight (8) hours and all other contributions are based on the Agreement and Working Rules (CBA).
The Modification Agreement referenced above in point 5 can be accessed by clicking HERE. Please fill it out for each job where this agreement will be utilized. A signed form must be returned to Kevin Duffy at the JIB before work is started. Kevin’s email is kduffy@jibei.com.
In addition, New York State has put out the following re-opening guidelines and documents that should be followed for reopening:
Interim COVID-19 Guidance for Construction
Business Re-opening Safety Plan Template
The re-opening guidelines issued by the NYC Department of Buildings can be found HERE.
Click HERE for a Guidance Document reflecting what DOB inspectors will be looking for if your site gets inspected. Please note, all sites will be inspected regularly for compliance with the Code and the Guidance Document.
Finally, EESISP has put together a reference guide that you can view by clicking HERE. It has over 30 pages of safety references relating to re-opening procedures and COVID-19.
Please make sure to forward this to your Superintendent if applicable.
If you have any questions, please contact the Association Office.
The original agreement extending relief to office ADM employees has been extended to June 26, 2020 by NYECA and Local Union #3, IBEW.
Please view the signed extension agreement HERE.
The original agreement (in effect previously until May 30, 2020) allows any ADM employees to work up 28 hours over (4) four days if they agree to do so. To cover the fifth day, ADM members are eligible to apply for one wage replacement day from their Deferred Salary Plan account. Benefits would only need to be paid on hours the ADM employee works.
It is important to remember that the ADM employee needs to agree to these provisions.
While a new agreement does not need to be signed to validate the extension, any new agreement needs to have both the employer and employee agree to the provisions by signing the agreement and returning it via email to ADM@local3ibew.org.
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Throughout the COVID-19 pandemic, the New York Electrical Contractors Association has partnered with our accountant, Grassi and Co.,to offer up to date information on PPP loans and overall best practices for our members. Below is a list of upcoming webinars we want to make you aware of. Each requires advanced registration, so please be sure to pre-register if you plan on joining. Please let the Association Office know if you have any further questions. Crossing the PPP Finish Line Part II: The PPP Flexibility Act Since the PPP Flexibility Act was signed into law, the SBA has been issuing guidance on how borrowers can take advantage of the extra time and flexibility to achieve maximum loan forgiveness through the Paycheck Protection Program. Join Grassi’s Emergency Loan Consulting team for the next episode in our webinar series, Crossing the PPP Finish Line, as we break down this guidance and help you prepare to finish the race to maximum PPP relief. Date: Thursday, June 18 Time: 2:00p.m. – 3:00p.m. Speakers: Jeff Agranoff, Lou Pizzileo Register: https://register.gotowebinar.com/register/1329858621895915792 Construction Delay Claims in the COVID-19 Era Insights for Recovering Damages Due to the Pandemic Emergency The COVID-19 pandemic has caused disruption to construction job sites and delayed projected completion dates. Who’s to blame and what costs, if any, can potentially be recovered? On June 18, join Grassi’s Construction and Forensic, Ligation and Valuation professionals and our special guest, Ron Williams of Fox Rothschild, LLP, for a live webinar discussing documenting and filing construction delay claims. The discussion will cover:
Date: Thursday, June 18 Time: 4:00p.m. – 5:00p.m. Speakers: Bill Fischer, Jim O’Brien, Ronald Williams (Fox Rothschild) Register: https://attendee.gotowebinar.com/register/1706624972781501967 Trial and Error: What’s Working and What’s Not as Job Sites Re-mobilize Once again, the Construction industry is leading the way to economic recovery after a crisis. As part of Phase One in many states’ reopening plans, contractors are the first to implement COVID-19 safety measures and risk management strategies. Facing this unprecedented event will require some trial and error. Learn from the experiences of your peers and the insights of industry professionals from Grassi’s Construction practice, Construction Risk Partners and Cole Schotz P.C. as we provide an insider’s look into how the industry is faring.
Date: Tuesday, June 23 Time: 11:00a.m. – 12:00p.m. Speakers: Carl Oliveri, Michael Hochman, Bill Linney (Construction Risk Partners), Brian Gardener (Cole Schotz P.C.) Register: https://attendee.gotowebinar.com/register/827344424451717136 |
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Date: May 29, 2020 To: NYECA Members From: Ben D’Alessandro, President
Edwin Lopez, Executive Secretary
Peter Rescigno, Assistant Executive Secretary
The NYC Department of Buildings continues to expands the online eFiling system to include more transactions for customers. The attached Service Notice begins the process of ramping up construction for when the suspension of non-essential construction is ultimately lifted by Governor Cuomo.
As of Monday, June 1st:
As of Wednesday, June 3rd:
The DOB will start to issue permits for non-essential work, but it is important to remember that work must not commence until the suspension of non-essential construction is lifted.
The Department continues to perform inspections of both essential and non-essential construction sites.
Please let the Association Office know if you have any questions.
Date: May 14, 2020 To: NYECA Members From: Ben D’Alessandro, President
Edwin Lopez, Executive Secretary
Peter Rescigno, Assistant Executive Secretary
IMPORTANT: New York State Publishes Interim Guide for Construction Activities.
As we mentioned, in our communication on Tuesday, Governor Cuomo has issued his “New York Forward Reopening” to reopen regions of the New York State economy. While the New York City Region and the Mid Hudson Region still have not met the seven metrics needed to re-open, New York State released summary guidelines and mitigation plans for when that day does come. (The headings below are hyperlinked, please click on them to access the information)
Interim COVID-19 Guidance for Construction
Business Re-opening Safety Plan Template
In addition, COVID-19 mitigation plans must be conspicuously posted on the job site when work reopens. The Association Office and EESISP will be following up in a few days with template mitigation plans for your use and consideration if you have not created one for your company already.
In the meantime, NECA National has published a “COVID-19 Guideline for Construction Sites- Operation Standards.” The document can be accessed HERE and is worth your time and attention.
All additional information can be found online at: https://forward.ny.gov/industries-reopening-phase
Date: May 28, 2020 To: NYECA Members From: Ben D’Alessandro, President
Edwin Lopez, Executive Secretary
Peter Rescigno, Assistant Executive Secretary
The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has launched a website with coronavirus-related guidance for construction employers and workers.
The guidance includes recommended actions to reduce the risk of exposure to COVID-19. The website can be accessed by clicking here: https://www.osha.gov/SLTC/covid-19/construction.html
For more information, please visit www.ohsa.gov for more information.
Thank you.
Date: May 12, 2020 To: NYECA Members From: Ben D’Alessandro, President
Edwin Lopez, Executive Secretary
Peter Rescigno, Assistant Executive Secretary
IMPORTANT: NYC and Westchester County Remain Closed as May 15 Deadline Approaches.
Good Morning.
Yesterday, Governor Cuomo announced that the Southern Tier, the Mohawk Valley, and the Finger Lakes region of New York State have met the metrics to move to Phase 1 of the “New York Forward Reopening” plan on May 15.
Phase 1 of the reopening plan includes: construction, manufacturing and wholesale supply chain, retail (curbside pickup and drop-off), agriculture, forestry, and fishing.
The Governor’s larger reopening plan, “New York Forward Reopening,” can be found HERE.
A “Regional Monitoring Dashboard,” keeping track of the relevant metrics for reopening the state’s ten economic regions, is available HERE. At this link you will find seven metrics that must be met in order for each specific regions to reopen.
As of today, the New York City region has met only four of the seven metrics and the Mid-Hudson region (where Westchester County is located) has only met five of the seven metrics indicting the May 15 date of reopening does not apply to New York City and Westchester County.
As soon as a decision is made to reopen the New York City and Westchester County regional economy, we will be sure to let you know.
If you have any questions, please let us know.
Date: May 11, 2020 To: NYECA Members From: Ben D’Alessandro, President
Edwin Lopez, Executive Secretary
Peter Rescigno, Assistant Executive Secretary
IMPORTANT: NYC DOB extends Certificate of Authorization, License, and Permit Renewals
On May 9th Mayor de Blasio signed an Executive Order extending the NYC State of Emergency to June 7th. As such, licenses, registrations and permits are extended through that date.
Those sites with approval to work need to print and post a new Certificate of Authorization with the expiration date of June 7th. Please see the attached Service Notice for more information.
Please let the Association Office know if you have any questions.
Date: May 7, 2020 To: NYECA Members From: Ben D’Alessandro, President
Edwin Lopez, Executive Secretary
Peter Rescigno, Assistant Executive Secretary
IMPORTANT: Information on PPP Loan Forgiveness
Attached to this email is a Q/A put out by National NECA regarding PPP Loan forgiveness.
We are working on scheduling a follow up webinar with Grassi and Co. to address PPP Loan forgiveness in the coming days.
Please submit, to the Association Office, any questions you have so we can provide them ahead of time to Grassi and Co. so they can answer them during the webinar.
As soon as the webinar is scheduled, we will notify you.
Thank you.
NECA Legal Webinar 2 Q&A and Updated PPP Forgiveness Guidance – Download PDF >>
Date: May 7, 2020 To: NYECA Members From: Ben D’Alessandro, President
Edwin Lopez, Executive Secretary
Peter Rescigno, Assistant Executive Secretary
The attached Service Notice serves as a reminder that license renewals, through the NYC DOB, are being accepted online and effective tomorrow the DOB will not be accepting renewals in-person or by mail.
If you have any questions, please contact the Association Office.
Thank you
Concrete Safety Manager – Download PDF >>
Date: May 7, 2020 To: NYECA Members From: Edwin Lopez, Executive Secretary
Peter Rescigno, Assistant Executive Secretary
The Association Office is looking to compile a list of member firms who have experience installing vehicle charging stations. The NYC Metro area could be looking at a large scale project in the future.
Please reply to this email if your firm has experience installing them.
If you have any questions, please contact the Association Office.
Thank you
Date: May 6, 2020 To: NYECA Members From: Ben D’Alessandro, President
Edwin Lopez, Executive Secretary
Peter Rescigno, Assistant Executive Secretary
IMPORTANT: NYECA Suspends Minimum Dues Payment. NECA National Still Requires Minimum Dues Payment
The New York Electrical Contractors Association’s Executive Committee has voted to suspend the $50.00 minimum dues requirement for member firms, which do not currently employ productive manpower working for their company due to COVID-19.
The suspension will be in effect for April, May, and June. For those NYECA members that have paid the minimum dues already, the Association Office is prepared to issue refunds or credits against future dues payments.
It is important to note that while NYECA has suspended our minimum dues, NECA National has not waived their minimum dues requirement. According to NECA’s guide to membership and finance, if there is no payroll, there is a minimum dues (service charge) for NECA National.
To calculate the minimum service charge, use the prevailing rate for the A journeyman. The wage rate should be multiplied against 160 man-hours per month (40 hours per week x 4 weeks per month) x the rate of .002.
For example, if the prevailing wage was $56 per hour, this amount should be multiplied by 160 man-hours to yield a MONTHLY payroll of $8,960. The national share of this payroll would be $17.92. ($8,960 x .002).
To illustrate on a weekly basis: 40 hours x $56 = $2,240 weekly payroll
$2,240 x .002 = $4.48 NECA National’s weekly share
$4.48 x 4 = $17.92 NECA’s monthly share
If you have any questions or concerns, please reach out to Roe Fleming in the NYECA Office. She can be reached by emailingfleming@nyeca.org.
Thank you.
Date: May 4, 2020 To: NYECA Members From: Ben D’Alessandro, President
Edwin Lopez, Executive Secretary
Peter Rescigno, Assistant Executive Secretary
IMPORTANT: Additional Two Weeks Vacation Added to the NYC Employment Plan (certain provisions apply)
The New York City Employment Committee of the Joint Industry Board has approved the following:
Between May 4, 2020 and January 4, 2021, any member of Local Union #3, IBEW, who has returned from temporary lay-off and completed their 8- week furlough, may take two additional weeks of vacation.
The two additional weeks of vacation do not need to be taken consecutively and must be mutually agreed up by both the employer and the employee. Scheduling will take place with the Joint Industry Board and will be detailed in a letter that will be sent out in the coming days.
It is important to note that a member of Local Union #3, IBEW, that has been temporarily laid off and brought back for work, must use up all 8- weeks of furlough before the employee is eligible to schedule and receive the additional two weeks of vacation.
These changes only apply to the New York City Employment Plan. The Westchester-Fairfield Division Employment Plan will be addressed separately.
We continue to hear from many NYECA contractors about the dire need to maintain basic work forces through the end of the extended furlough period. We believe the addition of these two weeks of vacation will help NYECA members navigate through the fall and early winter.
If you have any questions, please contact the Association.
Thank you.
Date: May 1, 2020 To: NYECA Members From: Ben D’Alessandro, President
Edwin Lopez, Executive Secretary
Peter Rescigno, Assistant Executive Secretary
IMPORTANT: DOB Licensing renewals now available online.
Beginning on Monday (May 4), license and registration renewals can now be performed online. See the attached Service Notice for more information.
Sign-offs of non-essential construction and withdrawal inspections have resumed. Submit requests in the same manner as you have been.
If you have any questions, please contact the Association Office.
Date: April 30, 2020 To: NYECA Members From: Ben D’Alessandro, President
Edwin Lopez, Executive Secretary
Peter Rescigno, Assistant Executive Secretary
IMPORTANT: Information pertaining to NYC Furlough Schedules
As you know, we are in the middle of the furlough plan which commenced on November 4, 2019. The current plan requires “an 8 week furlough and 10% of the workforce subject to furlough shall immediately be hired in the first month of the first six-month period, and 10% of the workforce subject to furlough must immediately be hired in the first month of the second six- month period.”
NYECA and Local Union #3, IBEW have agreed to move the second six- month hiring period from the original start of May 4, 2020 to July 6, 2020. Additionally, the end date of the plan moves from November 4, 2020 to January 6, 2021.
Replacement workers hired during the first six-month hiring period must work a total of 26 weeks. As employers remobilize, any replacement worker that still has weeks on his or her 26-week work ticket must be rehired. However, each employer will be able to decide the ratio to which they are brought back to work.
It should be noted that you will still be required to hire your replacement workers when the second six- month hiring period commences. Any left over obligations from the first period will carry over to the second period.
If you have any questions, please contact the Association Office.
Date: April 27, 2020 To: NYECA Members From: Ben D’Alessandro, President
Edwin Lopez, Executive Secretary
Peter Rescigno, Assistant Executive Secretary
We continue to get questions about the temporary layoff vs. furlough and how they pertain to COVID-19. We recognize there might have been some misinformation circulating early on.
According to the NDERA and the clarifying MOA, “ The employer shall report all temporary furloughs pursuant to NDERA in the prescribed fashion, noting on the termination slip “ Temporary lay off due to Coronavirus impact,” and may include a return date or mark “TBD.”
If you have put your men on furlough, during COVID-19, we suggest you clarify and change their status to temporary lay off due to Coronavirus impact.
Thank you.
Date: April 23, 2020 To: NYECA Members From: Ben D’Alessandro, President
Edwin Lopez, Executive Secretary
Peter Rescigno, Assistant Executive Secretary
IMPORTANT: NYC Department of Buildings Update on Insurance Requirements.
The NYC Department of Buildings has made the following announcements:
Additionally, attached is Bulletin 2020-006 which supersedes previously issued Bulletin 2020-004. The updated Bulletin references permit and insurance requirements mentioned above, and that violations may result from failure to comply with the Bulletin.
Should you have any additional questions, please let the Association know.
Date: April 23, 2020 To: NYECA Members From: Ben D’Alessandro, President
Edwin Lopez, Executive Secretary
Peter Rescigno, Assistant Executive Secretary
On Behalf of President Ben D’Alessandro
I hope this email finds everyone safe and healthy.
We hope our communications have been helpful as you navigate your company though these unusual times.
The conversation within the New York City construction industry is starting to shift towards reopening and returning to work. Safety protocols are being discussed and circulated by various organizations; we encourage you to read them carefully. They most definitely will cost NYECA members money to comply, please fully understand them.
We have received a handful of questions regarding shift work and staggered start times. At this point, there has not been a decision made. The larger Building Trade unions are working through this. As soon as a decision is made, we will communicate it directly with you.
We encourage every NYECA member to be in contact with their client about how any return to work policies may impact you financially and contractually.
As more information becomes available, we will be in touch.
Thank you-
Ben
Date: April 20, 2020 To: NYECA Members From: Ben D’Alessandro, President
Edwin Lopez, Executive Secretary
Peter Rescigno, Assistant Executive Secretary
IMPORTANT: NYC License Renewal Extension and Essential Construction Requests Update
All licenses/registrations issued by the Department of Buildings and expiring from the beginning of the declaration of the state of emergency through the period of the emergency declaration are extended in accordance with Mayor’s Emergency Executive Order No. 107. Currently, this period runs March 12, 2020 through May 9, 2020. In addition, the Essential Active Construction Sites map has been updated and approved sites need to post a new Certificate of Authorization with the expiration date of May 15, 2020.
License Renewal Extension All affected licensees/registrants will be sent an email informing them of this update to their license/registration. Updated license/registration information will appear next week in the Buildings Information System. Affected licenses/registrations will be automatically extended by subsequent orders until the state of emergency in the City of New York is no longer in effect.
Insurance Requirements Licensees/registrants must ensure that all required insurances are active during this extension period. Current insurance information can be found in the Buildings Information System (BIS). See Licensing Insurance Guidelines for information about submitting certificates to the Department.
Renewal Applications Any licensee/registrant who is eligible and can satisfy the requirements for renewal of their license/registration may submit their application for renewal at any time during this period. NYECA expects to hear from the DOB this week about a new online renewal process. Following the extension period, licensees/registrants will be subject to all requirements for the renewal of their respective license/registration.
Please note: The NYECA Education Committee is offering the 8-hour renewal course on May 18 and 19 (4PM-8PM each night) via Zoom. To sign up, please email Leslie at aguilera@nyeca.org.
More information about license/registration requirements and the renewal process can be found at www.nyc.gov/DOBlicensing.
Essential Construction Request and Certificate of Authorization Update Projects and sites not listed on the Essential Active Construction Sites map are required to submit an Essential Construction Request at www.nyc.gov/dobnow. Please check the map before continuing work to ensure your project is listed. If your project is not listed, submit an Essential Construction Request for approval before continuing work. The map has been updated today and will be updated daily as new requests are approved.
If an address is categorized as Approved Work, then work is only approved for that specific approved job number. Any other job number at that BIN requires submission by the applicant of a new Essential Construction request. For all other categories (Affordable Housing, Homeless Shelter, Hospital/Health Care, Public Housing, Utility and Schools) an Essential Construction request does not need to be submitted because the BIN has already been approved as essential and a Certificate of Authorization is not required.
Once a request is approved in the Essential Construction portal, a Certificate of Authorization must be printed for each approved job and posted at the work site. The certificate has been updated with an expiration date of May 15, 2020 in accordance with the New York State Executive Order. If the state of emergency is extended, the certificate date will be automatically updated.
Any certificates printed prior to April 17, 2020 need to be reprinted with the May 15, 2020 expiration date. To print the certificate, go to www.nyc.gov/dobnow and from the Essential Construction tab (without logging in), enter the job number and select Print Certificate. The certificate can also be printed when logging in from the Essential Construction dashboard by opening the request and selecting the printer icon on the Actions column for each Job Filing No.
For additional service updates see the DOB COVID-19 Response page.
Should you have any additional questions, please let the Association know.
Date: April 16, 2020 To: NYECA Members From: Ben D’Alessandro, President
Edwin Lopez, Executive Secretary
Peter Rescigno, Assistant Executive Secretary
IMPORANT: You may be eligible for an Employee Retention Credit (ERC).
The CARES Act incentivizes employers to keep employees on payroll. One of the ways it accomplishes this is by providing a refundable Employee Retention Credit (REC). You can only take the Employee Retention Credit if you have not applied and received a PPP loan. It is important to note, you CANNOT take the PPP loan and the ERC, it is one or the other.
This provision would provide a fully refundable payroll tax credit for employers equal to 50 percent of qualified wages (including allocable qualified health plan expenses) paid by eligible employers to employees during the Covid-19 crisis. The maximum credit is $5,000 per employee. The credit applies to all qualified wages paid from March 13, 2020 to December 31, 2020.
The credit is available to employers carrying on a trade or business in 2020: (i) whose operations have been fully or partially suspended as a result of a government order limiting commerce, travel or group meetings; OR (ii) you have experienced a greater than 50 percent reduction in gross receipts in any 2020 calendar quarter, measured on a year-over-year basis.
For the details on the Employee Retention Credit, go to the IRS FAQ advisory: https://www.irs.gov/newsroom/faqs-employee-retention-credit-under-the-cares-act
Attached is a document prepared by Grassi and Co. that provides additional information about the ERC.
If you have any questions, please contact the Association Office.
Date: April 15, 2020 To: NYECA Members From: Ben D’Alessandro, President
Edwin Lopez, Executive Secretary
Peter Rescigno, Assistant Executive Secretary
Attached you will find a few DOB documents clarifying the updated guidance released by ESDC on Thursday:
A few notes to highlight:
Please click here for Thursday’s ESDC announcement: http://www.nyeca.org/contractortoolkit/5/
Should you have any additional questions, please let the Association know.
Date: April 14, 2020 To: NYECA Members From: Ben D’Alessandro, President
Edwin Lopez, Executive Secretary
Peter Rescigno, Assistant Executive Secretary
IMPORTANT: Summary of COVID-19 Employee Benefits
Good Morning-
NYECA and the Joint Industry Board put together the attached summary of COVID-19 Employee Benefits for your use. The summary goes through all the applicable benefits and the pay out amounts if an employee fits the criteria for such benefits.
A reminder:
EESISP administers the Paid Family Leave/ Disability Benefit. On the Paid Family Leave and Disability Benefit application, specifically sections 2 and 3, require both the employer and employee to attest that the employee has “exhausted any paid sick leave.” The declaration and signature page for the employer specifically (last page) of the form provides penalties for inaccurate information included in the application form. Any Paid Family Leave/Disability Benefits are contemplated by New York law to commence after the new paid sick leave benefit for COVID-19 quarantine/isolation is exhausted. An application is attached to this email for your reference.
EESISP has notified the Association Office that these forms are being submitted from employer’s shops without the form fully completed. Please review any form before your company submits it to EESISP.
If you need more information, please consult the March 26, 2020 COVID-19 update that addresses NYS COVID-19 Sick Leave. It can be accessed by clicking HERE.
Just as a reminder, you can access all previously sent memos by visiting: www.nyeca.org/covid19.
Date: April 9, 2020 To: NYECA Members From: Ben D’Alessandro, President
Edwin Lopez, Executive Secretary
Peter Rescigno, Assistant Executive Secretary
The attachment is a questions and answers FAQ document dealing with Essential and Non-Essential construction in New York City during the COVID-19 pandemic. It was put together by the New York City Department of Buildings for your use.
Should you have any additional questions, please let the Association know.
Date: April 9, 2020 To: NYECA Members From: Ben D’Alessandro, President
Edwin Lopez, Executive Secretary
Peter Rescigno, Assistant Executive Secretary
Good Morning-
At yesterday’s Joint Industry Board meeting, the trustees took an emergency action to approve a temporary delinquency policy to offer relief to any employer who may need it during the COVID-19 pandemic. This temporary delinquency policy stands in place of the recently implemented policy that was effective on March 12, 2020. This temporary delinquency policy is in effect until June 30, 2020 and can be extended by both parties at its conclusion date.
The new policy lowers the interest rate charged on monies owed to the JIB plans back to 5% from the current 8%. It also gives any employer the opportunity to enter into a stipulation agreement before their employees are recalled to the JIB for nonpayment of benefits. Depending on the size of your shop that could be either the 6 week letter or the 9 week letter.
For the purpose of calculating the size of shop in determining whether your company receives the 6-week or 9-week letter, the number of employees reported on your oldest outstanding delinquent week should be used.
If a 6 or 9-week letter goes out to your employees, you will not be able to recall your employees from a temporary layoff. We strongly advise you contact the JIB if you are having any problems paying benefits and are approaching the 6 or 9 week delinquent mark.
The policy can be reviewed below or attached to this email.
The terms of the Temporary Delinquency Policy are in effect with respect to delinquency letters being sent at 5 & 6 weeks and 7 & 9 weeks, depending on the size of the employer. Employers will be able to enter into a repayment Stipulation from the Joint Industry Board to avoid the letters being sent.
To enter into a stipulation, the following must be met:
The interest on all money owed to the JIB Plans will revert to the IRS6621 rate, which is currently 5%.
If an employer is delinquent, to the extent that letters are sent to its employees (9 or 6 week letter) telling them to report to the Employment Department or they will lose their medical coverage, regardless of whether their employees are temporarily laid off or furloughed, those employees who report to the Employment Department will be slotted at the top of the list and will be referred out to a new employer.
All Employers who have not defaulted on a stipulation, as well as all other Employers who have not received a 9-week or 6-week letter, as applicable, will be entitled to recall the employees who were temporarily laid off.
It is important to note:
-The 9 week letter tells an employer’s employees to report to the Employment Department or they will lose their medical coverage and applies to shops of 125 men or less and shops with 125 men or more who have posted a bond proportionate to their average weekly benefits.
-The 6 week letter tells an employer’s employees to report to the Employment Department or they will lose their medical coverage and applies to shops of 125 men or more who have NOT posted a bond proportionate to their average weekly benefits.
Should you have any additional questions, please let the Association know.
This PDF is password protected. To access the pin, please contact the NYECA office at (212) 481-0530
Date: April 7, 2020 To: NYECA Members From: Ben D’Alessandro, President
Edwin Lopez, Executive Secretary
Peter Rescigno, Assistant Executive Secretary
As part of the NYC DOB’s efforts to reduce in-person interactions between industry professionals and Department personnel in response to COVID-19, effective tomorrow Certificate of Correction (COC) documents and Temporary Certificate of Occupancy (TCO) payments will be accepted online.
The attached Service Notice provides further information along with notice of additional service changes that are forthcoming.
Additionally, please be mindful that as part of the Department’s enforcement of the suspension of non-essential construction work, for those site that can continue performing essential construction, DOB inspectors are checking for site safety and adherence to social distancing requirements. Please see the guidance attached.
This PDF is password protected. To access the pin, please contact the NYECA office at (212) 481-0530
Date: April 8, 2020 To: NYECA Members From: Ben D’Alessandro, President
Edwin Lopez, Executive Secretary
Peter Rescigno, Assistant Executive Secretary
Good Afternoon-
We have received the following information from the Joint Industry Board about how each contractor should go about requesting their 2019 benefit information for any relief loan you might be applying for under the CARES Act.
Thank you.
The Joint Industry Board will provide certain information to Electrical Contractors who are applying for loans or relief under the CARES Act. The Joint Board will endeavor to provide the following information to each contractor who requests it.
Contributions for 2019 to the following plans:
Pension/Major Medical
Dental Fund
NEBF
Annuity/HRA
The Joint Board is also trying to provide a report for the employer contributions to the Deferred Salary Plan, although this may take more time.
The contributions to the above plans will be based on the payroll reported for weeks 1-52 of 2019.
Requests should be directed to Kevin Duffy via email: kduffy@jibei.com and cc: rrusso@jibei.com.
Chris Sessa will send the information back to the contractor (to the email address from which we received the request) with an email stating that the Joint Industry Board certifies that the attached benefit contributions were paid to the Joint Board for 2019.
In the event an electrical contractor is severely delinquent and owes weeks for 2019, we will have to address that separately.
Should you have any additional questions, please let the Association know.
This PDF is password protected. To access the pin, please contact the NYECA office at (212) 481-0530
Date: April 7, 2020 To: NYECA Members From: Ben D’Alessandro, President
Edwin Lopez, Executive Secretary
Peter Rescigno, Assistant Executive Secretary
IMPORTANT: Relief for ADM Employees
Attached to this email is an agreement reached by the Association Office and Local Union #3, IBEW to offer relief for your office ADM employees. The agreement, in effect until May 30, 2020, offers relief on the 35 hour work week as outlined in the ADM Collective Bargaining Agreement.
Under this agreement, ADM employees who agree to these terms, may work up to 28 hours over (4) four days. To cover the fifth day, ADM members are eligible to apply for one wage replacement day from their Deferred Salary Plan account. Benefits would only need to be paid on hours the ADM employee works.
Additionally, an employer may not retaliate against any employee who declines to agree to the reduction in workhours per week as spelled out in this modification, except that the employer may temporarily lay off the individual due to the impact of the Coronavirus.
If the ADM member agrees to these provisions, the agreement must be signed by the employer and the employee agreeing to this modification. A signed, scanned copy should be sent to ADM@local3ibew.org.
If you have any questions, please contact the Association Office.
This PDF is password protected. To access the pin, please contact the NYECA office at (212) 481-0530
Date: April 7, 2020 To: NYECA Members From: Ben D’Alessandro, President
Edwin Lopez, Executive Secretary
Peter Rescigno, Assistant Executive Secretary
CRITICAL INFORMATION FROM GRASSI for NYECA MEMBERS
After a few days of gathering data from lenders executing the PPP, last night at around 11p, the Treasury released the following FAQ, which is for both lenders and borrowers. The link is below.
https://home.treasury.gov/system/files/136/Paycheck-Protection-Program-Frequenty-Asked-Questions.pdf
The FAQ which will be updated periodically by the treasury, is intended to clear up uncertainty in the application/execution of the section 1100 of the Cares Act and the previously issued, related SBA guidelines. Some highlights are included below. We intend to issue a more formalized communication later today, but I wanted to get this out to you all ASAP.
As with all of the treasury’s guidance, ultimate execution has been and will continue to be varied depending on the lender. We continue to advise and encourage a dialogue with your specific lender.
Please contact the Association Office if you have any questions.
Date: April 7, 2020 To: NYECA Members From: Ben D’Alessandro, President
Edwin Lopez, Executive Secretary
Peter Rescigno, Assistant Executive Secretary
NECA National is hosting a webinar this afternoon (12:00pm-1:00pm) on SBA loans and the CARES Act.
Information is below. Registration is required.
NECA has begun a regular schedule of FREE webinars to provide our members with quality, time-sensitive educational opportunities. Take advantage and train yourself on the latest best business practices, leadership, technology trends and more!
Today, April 7, 2020 | 12:00-1:00 PM ET | CARES Act and Small Businesses Webinar
This webinar will discuss the provisions of the new Coronavirus Aid, Relief, and Economic Security (CARES) Act which are most important for you to know about now with a special emphasis on the Paycheck Protection Program. Please note this webinar is offered by a 3rd party organization and promoted by NECA.
Please contact the Association Office if you have any questions.
Date: April 3, 2020 To: NYECA Members From: Ben D’Alessandro, President
Edwin Lopez, Executive Secretary
Peter Rescigno, Assistant Executive Secretary
IMPORTANT: Real Time-Map of Essential & Emergency Construction Sites in NYC
This morning, the NYC Department of Buildings released a Real-Time Map of Essential & Emergency Construction Projects on their website.
The map can be found by clicking the link below.
https://www1.nyc.gov/assets/buildings/html/essential-active-construction.html
A press release announcing the map is posted below.
Please keep in mind that this map is an evolving representation of essential and emergency construction sites that will be updated regularly as inspections are performed and Essential Construction Requests are responded to.
DOB RELEASES REAL-TIME MAP OF ESSENTIAL & EMERGENCY CONSTRUCTION SITES
To help implement the ban on non-essential construction due to the COVID-19 pandemic, DOB’s new map tool identifies essential or emergency construction sites which are allowed to continue working
NEW YORK, NY – Department of Buildings Commissioner Melanie E. La Rocca today announced the launch of a new interactive map tool that identifies construction sites that are considered emergency or essential work during the COVID-19 pandemic, and therefore allowed to continue working. This map presents constantly updated data from multiple sources to create an evolving database of essential and emergency construction projects throughout the City as defined by the Governor’s Order and guidance from ESDC and DOB. You can see the map here.
“An unprecedented crisis requires an unprecedented response,” said Commissioner La Rocca. “To help keep New Yorkers safe during these uncertain times, we will be out in force to confirm non-essential sites have been closed down, and essential construction work continues in a safe manner. At the same time, this real-time map will provide the public with greater transparency about ongoing construction across the city. Anyone breaking these rules should expect stiff enforcement – we simply cannot afford to continue business as usual.”
This interactive, real-time map identifies essential and emergency construction work involving affordable housing, hospitals, health care facilities, and utilities. It also includes emergency work to protect the safety or health of building occupants, restore essential service like heat and electricity, or projects where stopping the work would create an unsafe condition. It does not include construction sites not under DOB jurisdiction – for example, sites in NYC under the jurisdiction of Port Authority, the MTA or the Federal government. The map will be updated daily as we receive new information through inspections, requests for projects to be deemed essential, notifications of projects through our sister agencies, or as work is completed on different sites. You can read more about DOB’s specific guidance to implement this ban on non-essential construction here.
DOB is regularly conducting inspections of sites citywide to ensure compliance with this ban. Any construction site that has been halted due to this emergency order must be properly secured and maintained at all times in order to safeguard the public throughout the duration of time while operations at the site are suspended. The owner of the site is legally responsible to ensure the sites are kept safe. In addition, all sites that remain open must also maintain appropriate social distancing measures, including for construction elevators, meal areas, and egress routes. Non-compliance will lead to a violation and fines of up to $10,000.
DOB also rescinded all previously issued After Hours Variance (AHV) permits in New York City. Going forward AHV permits, required to perform any work at night or on the weekend, will only be issued for approved essential or emergency work. Work sites that wish to continue operations but are unsure if they are considered essential, as well as all emergency work and solitary work applications must submit a request with the Department and obtain approval before work can resume.
We are encouraging any member of the public who suspects that a construction site is not in compliance with this emergency order to contact the Department of Buildings through 311, so that we can route an inspector to the scene to investigate.
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This PDF is password protected. To access the pin, please contact the NYECA office at (212) 481-0530
This PDF is password protected. To access the pin, please contact the NYECA office at (212) 481-0530
The New York City Department of Buildings has sent out the following information to General Contractors that we want to make you aware of. Perhaps some electrical prime contractors on NYC DOB work will find this helpful.
Closed Construction Sites: Construction sites closed for a prolonged period can themselves pose a hazard to the public. In the event you chose to close a construction site due to illness, cleaning, or merely as a precaution, we ask the following:
Construction Safety Personnel. Construction sites requiring a Department-licensed safety professional cannot operate without one. If your safety professional is out sick, they must be replaced or permitted work cannot be performed.
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As you know, there is an ongoing and developing situation regarding the outbreak of COVID-19, commonly know as the Coronavirus. It is not yet clear what the impact of COVId-19 will be on employers and businesses as Coronavirus spreads; however, employers are encouraged to take the following reasonable steps recommended by OSHA and the CDC to prevent community spread in their workforces. For these reasons, it is important to follow the reasonable guidance of OSHA and the CDC. View PDF Here>>
If your job is affected by the coronavirus, a worker is sick, someone on the jobsite is infected, the job gets shutdown, or child care obligations as a result of the schools being closed, register the employee on a temporary layoff with the JIB Employment Department. That employee will be returned to your job. Keep in contact with Local Union #3, IBEW Business Representative in the respective borough, JIB Employment Department, and the Association Office as these layoffs are being made.
During the temporary layoff, the employee will be able to take a wage replacement day, accessed through their 401k. (The Industry has agreed to allow the employee to take up to 30 wage replacement days out of their 401k. Until this point, they were allowed 5 wage replacement days.)
In the event the general contractor shuts down a job or the customer you are working for shuts down a specific job due to the Corona Virus, the following are the suggested steps you should take regarding your manpower on the affected job. Please note NYECA will be maintaining a master list of closed job sites.
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Local Union #3, IBEW adopt National Disease Emergency Response Agreement (NDERA)
NYECA and Local Union #3, IBEW have collectively agreed that an agreement titled National Disease Emergency Response Agreement (NDERA) that National NECA and the International Office of the IBEW has agreed to is the present governing policy of the New York City Electrical Industry during these ever changing times. View PDF here>>
NYECA and Local Union #3, IBEW are currently drafting a comparable agreement to cover the ADM division employees for the New York City employers. We envision this agreement to be very similar to the NDERA governing the construction agreement. As soon as the agreement is signed, it will be sent out. At this time, it is expected that time spent away from the jobsite on a temporary layoff will be counted towards the worker’s furlough obligation.
JOINT INDUSTRY BOARD OF THE ELECTRICAL INDUSTRY
The Joint Industry Board of the Electrical Industry/ Employment Department/ Local Union #3, IBEW Updates:
Some PDFs are password protected. To access the pin, please contact the NYECA office at (212) 481-0530
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Education Classes. All education classes have been canceled. We are currently in the process of adapting some of the essential classes you have all come to rely on, into an online format. >>More information coming soon.
General Events. At this time, all events have been cancelled.
Annual Gala & Holiday Celebration. This event has been rescheduled to December 5, 2020 at Capital.
If you have any questions, please contact:
Peter Rescigno at rescigno@nyeca.org
Leslie Aguilera at aguilera@nyeca.org
The information posted on this webpage is for informational purposes only. Please consult your attorney and business advisors for additional information and legal and financial guidance.