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LAARS Slashes Operating Costs with MobiliForms

LAARS Heating Systems adopted MobiliForms from iBusiness Technologies because they wanted to make their familiar site visit reports fully interactive and gain access to image capture, dictation, and cloud storage, which was not possible through their primary computer system. The new digital workflow saves LAARS significant time with each service visit, significantly reducing operating costs.

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3/21 Alston & Bird State Closure Tracker

3/20 Update: Families First Coronavirus Response Act (HR 6201)

The Families First Coronavirus Response Act (HR 6201) was passed by the Senate and enacted into law with the President’s signature on March 18, 2020. The new law takes effect on April 2, 2020 and will remain effective until December 31, 2020.

For MCAA employers, it has three areas of immediate impact: paid family leave for employees unable to work or telecommute for reasons relating to the COVID-19 health emergency, paid sick leave for employees unable to work or telecommute for reasons relating to the coronavirus emergency – both redeemable in large measure by quarterly tax credits against payroll taxes- and then a requirement of no-cost coronavirus testing by our joint health plans.

The measure is different from the earlier version of HR 6201 and will present significant technical corrections, as well as calling for significant regulatory guidance in the implementation process. Immediately upon enactment, Senate lawmakers called for yet further paid sick and family leave measures to be included in subsequent economic and health crisis emergency measures.

So, this digest supplants any earlier briefing of HR 6201 and should be taken as preliminary, pending further technical corrections, regulatory guidance, and then perhaps even further emergency legislation on these subjects.

HR 6210 – Division C – Emergency Family and Medical Leave Expansion Act

1.1 Eligible Employees & Employers: The new law applies to employers with fewer than 500 employees (for 20 or more weeks of the current or preceding year) and employees who have been employed for at least 30 days with their respective employer.

1.2 Points of Clarification: It will need to be clarified how either criteria operate if the employers choose to exercise the discretion permitted in the law to implement compliance through a multiemployer collective bargaining agreement joint benefit fund context. Similarly, for eligibility of non-bargaining unit employees, the 30-day period of employment also will need to be clarified. It is unclear whether the 30-day employment must be closely coincident with the request for leave or otherwise.

1.3 Reasons for Paid Family Leave: Eligible employees are entitled to paid leave for “qualified need related to a public health emergency” which means the employee is unable to work (including telework) due to the need to take care of a child under the age of 18 whose elementary or secondary school is closed, or place of care or is unavailable due to COVID-19 precautions

1.4 Compensation Required: The law says the first 10 days for which an employee takes leave is to be unpaid. The employee may elect to use any accrued vacation leave, personal leave, medical leave, or sick leave for that initial 10 days. After that, the law requires employers to provide paid leave for each day in the amount of no less than two-thirds of the employee’s regular rate of pay for the regularly scheduled number of hours that period. For employees with fluctuating schedules, the law requires employers to calculate a daily average over the exact preceding 6-month time period.

1.5 Other Requirements: Eligible employees are required to give the employer advanced leave, if foreseeable and practicable. Employers with 25 or more employees are required to reinstate a worker returning from leave to the worker’s former job. If that position is no longer available, employers are required to make reasonable efforts to find a comparable position for that worker over the course of one year. Employers with fewer than 25 employees are required to find a new position for reinstatement if the worker’s position has been eliminated during the leave.

1.6 Multiemployer Collective Bargaining Implementation: The laws says an employer with a Multiemployer bargain relationship, may – consistent with the terms of the CBA – fulfill it obligation under the law based on the paid leave each of its [bargaining unit] employees is entitled to under the law – and that those employees may receive mandated pay from the Multiemployer fund or plan provided for that purpose under the CBA.

1.7 Need for Further Clarification: There are several issues with this aspect of the law – whether the labor law restrictions against direct dealing with union-represented workers are affected by this provision. Also, it’s is unclear whether the reduced pay and regular rate provisions and possible lack of benefits contributions is overcome by the superseding provisions (in other Divisions of HR6201) saying that the law does not preempt the terms of any bargaining agreement pertaining to pay and benefits, perhaps including a provision relating to pay and benefits for hours worked or for hours paid.

HR 6201 – Division E – Emergency Paid Sick Leave Act

2.1 Covered Employers and Eligible Employees: Covered employers are those employing 500 or fewer employees. Eligible employees cover all employees, without the 30-day employment eligibility included in the Division C Family Leave as above. The law specifically says that the paid sick time shall be available for immediate usability by the employee for eligible reasons regardless of how long the employee has been employed.

2.2 Permitted Reasons for Paid Sick Leave: Employees are entitled to paid sick leave to the extent they are unable to work or telecommute because:

2.2.1 The employee is subject to Federal, state or local quarantine or isolation order related to COVID-19;
2.2.2 The employee has been advised by a health care provider to self-quarantine due to concerns related to COVID-19;
2.2.3 The employee is experiencing symptoms of COVID-19 and is seeking a medical diagnosis;
2.3.4 The employee is caring for an individual who is subject to a quarantine order issued by Federal, state or local authorities, or who has been advised by a health care provider to self-quarantine due to concerns related to COVID-19;
2.3.5 The employee is caring for a son or daughter whose school or day care has been closed, or if other child-care is unavailable, due to COVID-19 precautions; and/or
2.3.6 The employee is experiencing any other substantially similar condition specified by the Secretary of Health and Human Services in consultation with the Labor and Treasury Departments.

2.3 Duration and Amount of Sick Pay: Covered full-time employees are entitled to 80 hours of paid leave. Part-time employees are entitled to the average number of hours they work over a two-week period. Employers are prohibited from requiring workers to use other paid leave in advance of using the allotted paid sick leave. Unused paid leave eligibility does not carry over from year to year and is not payable on termination of employment by terms of the law.

The amount of pay required by the law under this section is based on varying limits depending on the reason for the leave. If the leave is for the employee’s illness as set out in 2.1.1, 2.1.2, or 2.1.3 above, then the rate of pay is the regular rate of pay, subject to a maximum of $511 per day, with a maximum of $5110 in the aggregate. For paid sick leave relating to others’ illnesses as in 2.2.4, 2.3.5, or 2.3.6 above, the rate of pay required is two-thirds the regular rate, capped at $200 per day, and $2000 in the aggregate.

2.4 Collective Bargaining Implementation: Division E also sets out employer discretion to fulfill its requirements under collective bargaining and benefit fund administration, raising the same ambiguities as above. Similarly, Division E’s rules of construction recite that it does not operate to diminish rights and benefits that the employee is entitled to under a bargaining agreement or other Federal, state or local law, or employer policy.

Both Division C and E – paid family and paid sick leave can be waived by the Department of Labor for specific small business employers with fewer than 50 employees, upon showing that the imposition of the requirements would jeopardize the viability of the business.

In conclusion, the process of defining exactly what is intended and will be required at the end of the legislative and regulatory process on the issues is just beginning. MCAA will keep you up to date on developments as they become clearer.

RECALL – Guardian Fall Protection Self-Retracting Lifelines

Guardian Fall Protection is recalling specified Diablo Big Block Leading Edge Self-Retracing Lifelines (SRL) due to a potential manufacturing defect. If your company is using this product and it falls within the part numbers listed below, remove affected products from service immediately and follow the manufacturer’s instructions for returning the product for inspection and repair. The recall includes part numbers:

# 10967: 65’ Diablo Big Block SRL
# 10968: 50’ Diablo Big Block SRL
# 10979: 50’ Diablo Big Block SRL
# 10980: 65’ Diablo Big Block SRL
# 10982: 60’ Diablo Big Block SRL
Component of kit # 20055
Private labeled versions of listed part numbers

MCAA Recognizes John Gentille, Welcomes Tim Brink

After nearly 24 years, MCAA bid farewell to John Gentille, who has retired as the association’s leader and CEO. John left an indelible mark on MCAA and the entire mechanical construction and service industry. It is thanks to his vision as the “Education Association” that MCAA offers the breadth of programs and resources our member companies need to succeed, including safety and health training resources, an Innovative Technologies Initiative to help keep our members ahead of the technology change curve, and widely respected advocacy and career development programs, among many, many others.

His vision included building relationships with all of MCAA’s constituencies, from our affiliated association executives around the country, to the manufacturers and suppliers who bring value to our association, to our labor partners at the United Association. In honor of John’s dedication and passion for the association and industry, the foundation formerly known as MCERF, has officially been renamed the John R. Gentille Foundation.

Timothy Brink has been selected as Chief Executive Officer after spending time as MCAA’s Chief Operating Officer. He is also Executive Director of the John R. Gentille Foundation (JRGF). Tim brings a unique perspective to his work at MCAA and JRGF. He has served in virtually every role, including a member contractor, local association executive, and on many MCAA committees.

We wish John all the best and look forward to Tim’s leadership in the years to come.

3/20 Alston & Bird Coronavirus Flash Update

Explore the Latest from Jay R. Smith Mfg. Co.® and Parker Hannifin in MCAA’s Virtual Trade Show

MCAA’s Virtual Trade Show connects our contractor members with the members of MCAA’s Manufacturer/Supplier Council.

Participating companies highlight and link to new products, product lines, services, solutions or web pages of particular interest. Here are just a few of the recent additions:

Jay R. Smith Mfg. Co.® a Member of Morris Group International
When you think of the Trap-Defender™, think of the number 3. This patented pressure-drop trap primer is activated by a pressure drop as low as 3 PSI and has a 3-year warranty. Learn more about the Trap-Defender and the entire line of Smith Fluid Controls™ Trap Primers and Distribution Units.

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Parker Hannifin
Transair® is the original aluminium pipe work system for industrial fluids and your best solution for Compressed Air, Inert Gas and Vacuum applications.

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Find many more smart solutions in MCAA’s Virtual Trade Show!

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Speaking of Smart Solutions

Visit the Smart Solutions Case Studies area of our website to learn how other mechanical contractors found their win-win with cost-saving and productivity-enhancing applications from members of MCAA’s Manufacturer/Supplier Council.

This section of our website also includes tips and ideas to help your company save money and enhance your productivity. Don’t miss it!

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Department of Homeland Security Identification of Essential Critical Infrastructure Workers During COVID-19 Response

Webinar #1: Safely Working Remote – Nick Espinosa

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Letter of Opposition Waiving HVACR Inspections

UA and MCAA’s Joint COVID-19 Statement

Update Your Service Techs’ Arc Flash Safety Training with this Webinar

Make sure your service techs have the up-to-date safety training they need to protect themselves from arc flash and electrical shock hazards while working on equipment pushing 480 volts or less. The session covers all applicable OSHA requirements, NFPA 70E provisions, best practices, and real-world accident information.

Take advantage of the MCAA/MSCA member discounted webinar prices. The next two webinars are being presented on April 16, 2020. The first is from 7:00 a.m. to 9:00 a.m. Eastern Time, and the second is from 10:00 a.m. to Noon Eastern Time.

Pricing

# of trainees from your company	$/person
1-5	$200/person
6-10	$175/person
11-25	$150/person
26-50	$125/person
51-100	$ 100/person
101+	Email for Pricing

BROCHURE

If you can’t make it in April, the webinar will be taught again twice on May 14, 2020.

Questions? Contact Pete Chaney.

MCAA Safety Talk: COVID-19

Washington State University Student Accepts Internship at McKinstry Company

Dylan Sterling has accepted a summer internship with MCA of Western Washington member McKinstry Company. Dylan is a junior studying Construction Management and a member of the MCAA Student Chapter at Washington State University.

Dylan discusses what he will be doing as an intern this summer and how he learned about McKinstry:

I will be working as a project engineer this summer focusing on new construction projects, and will get an opportunity to participate is some of the prefabrication process as well. I wanted to try to get into an internship with a specialized MEP contractor. While at school I work with the Integrated Design + Construction Lab (ID+CL) on campus, and one of our current sponsored projects is to develop a comprehensive tenant engagement program for a new multi-tenanted building in Spokane that considers social interaction, occupant health, and building energy performance to reach the project’s net-zero goals. Throughout this process I have had the opportunity to meet many McKinstry employees and really enjoyed the culture of the company.

I am very interested in the use of technology in this industry to reduce waste and help streamline delivery, and being involved in local projects has given me opportunities to explore these while still in school.

MCAA Student Chapter Experience

As a Washington State University MCAA Student Chapter member, Dylan has used his past internship and class experience to work on the annual MCAA Student Competition. His role with the competition has been focused on outlining the BIM and prefabrication capabilities of the project. Dylan says, “this led me to look deeper into the many ways that MEP contractors across the country are utilizing new technologies to help push the construction industry in a more sustainable direction. My past internship experiences helped me put together a proposal that described our use of BIM throughout previous projects, how we manage coordination, and how we utilize prefabrication to save time and money during construction.”

Being a part of the MCAA competition has allowed me to network with contractors from all over the country, building invaluable professional skills and relationships along the way. I am beyond grateful for the opportunities that the MCAA Student Chapter has offered during my time in the WSU Construction Management program.

Find other student chapter members like Dylan by visiting mcaagreatfutures.org and previewing students’ resumes.

Joint Letter Regarding HVAC Techs as Essential Employees

MCAA COVID-19 Contingency Plan Webinar Series

All webinars will be recorded and made available to those who are unable to join live. The recorded versions will be made available shortly after each live webinar concludes.

Webinar #30: Navigating the PPP Loan Forgiveness Process – Daniel Mayo and Matthew Walsh

As the 24-week period finishes up for many borrowers, the time is now to start putting together that application for loan forgiveness. Join Withum Paycheck Protection Program (PPP) leaders Daniel Mayo and Matthew Walsh as they discuss the application process and what your lenders will be looking for when applying for forgiveness.

This webinar was recorded Tuesday, October 20, 2020.

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