labor relations

to properly classify their employees while respecting the desire of workers to have work autonomy and individual entrepreneurialism. Moving forward, in order to avoid potential fines and penalties, employers should take time to examine their current worker classifications to ensure that their independent contractors satisfy the economic reality test by, for example, maintaining a file for each independent contractor that identifies the legal name and address of the independent contractor’s separate business entity, invoices for the work performed by that contractor, and all written contracts that describe the duties and services provided by that independent contractor.

If you have any questions about the topics raised herein or about any other labor relations matter, please do not hesitate to contact the attorneys at Tobia & Lovelace Esqs., LLC at 973-746-6000 for further information.

will the incoming biden administration prioritize water infrastructure?

By: dan kennedy, director of environmental & utility operations

Congress ended 2020 with no major increases for the EPA’s primary water infrastructure programs. The 2020 omnibus package signed by outgoing President Trump does not contain an increase for either the Clean Water or Drinking Water State Revolving Funds (SRF) from Fiscal Year 2020 levels. Protecting water has long been a top priority for the American people, independent of political affiliation. In regular polling of environmental issues, water pollution and the safety of drinking water are routinely the top two issues of concern among Americans. “Infrastructure” has been a rallying cry during campaign season with results being far less than promised. We have essentially been (pun intended) treading water.

This bipartisan failure to deliver on a “mega-infrastructure package” despite tremendous public support is tempered only by the modest progress made in the last four years to increase funding for the Clean Water and Drinking Water SRF Programs. These federal funds come to New Jersey through the NJDEP and fuel loans (combined with loan repayments and other creative financing tools) from the NJ Infrastructure Bank. NJ’s program is high-performing—we just need more funding to support it. The federal government needs to do better, as does the State of NJ.

UTCA members are right to ask about the outlook for the incoming Biden-Harris Administration as it relates to bold infrastructure initiatives. At the federal level, we have heard a lot of talk on both sides of the aisle in terms of more work for water infrastructure. At the state level, we have seen some improvement—but not enough. Residents clearly want safer tap water to drink and cleaner natural water bodies for recreation, but lawmakers at all levels of government must come to the table. The primary way to achieve this end is through funding construction projects and streamlining the approval of projects so that our members can bid on these opportunities on an even playing field. Talk without action will not get the residents what they seek nor garner results for UTCA members. No one wins. to, former chief counsel to the House Committee on Transportation and Infrastructure, who serves as the Coalition’s lobbyist and key advisor. He and Bryan Esposito of Key Advocates, Inc. represent the CWCC (and the UTCA) in DC.

The UTCA is able to advocate for its members by working with and through the CWCC and, in recent years, by coordinating with the US Water Alliance and other partners. We put a lot of stock in the opinion of Key Advocates as their experience in DC goes back decades. Bryan Esposito, Managing Partner of Key Advocates, notes that “All indications from the Biden Administration are that infrastructure, including water resources, is an immediate high priority. What that means is more funding and more jobs for clean water, safe drinking water, recycled water, water storage, stormwater, and groundwater projects.”

The CWCC has set priorities for SRF Funding and other program improvements. We have been and will continue to push Congress and the incoming Biden Administration to reauthorize the Clean Water SRF with corresponding appropriations of at least $40 billion annually. This is double the current appropriation. In the same vein, we will be pushing to see the Safe Drinking Water SRF have an appropriation at least $25.4 billion annually. These funding levels would have a meaningful impact on the work available for UTCA members to bid on.

In addition to supporting other program improvements, the CWCC is continuing to advocate for the EPA to require State SRFs to streamline the review and approval process for replacing or improving existing water infrastructure assets past their useful life as a condition of these funds. With water utilities nationwide experiencing decreased revenues from customers, these losses must be offset to avoid impacting planned capital programs.

CWCC Role

Build Back Better Plan

The Clean Water Construction Coalition (CWCC) is a nationwide organization of infrastructure construction associations that have come together to improve water and wastewater infrastructure by supporting federal legislation and initiatives. In addition to lobbying independently, the Coalition collaborates with various organizational allies to meet its mission, including relevant partners in labor and water system operations. UTCA serves as the “backbone staff” to the CWCC with Sante EsposiPresident-elect Joe Biden’s “Build Back Better” plan stated that, coming out of this profound public health and economic crisis, he will launch a national effort aimed at creating the jobs we need to build a modern, sustainable infrastructure and deliver an “equitable clean energy future.” Biden’s team believes we are in a “climate crisis,” and much of his work will be cast in those terms.