Independent Electrical Contractors

Key Issues

As merit shop contractors, there are certain legislative issues that directly impact the business of IEC members. Labor, energy, tax, jobs, and workforce development are all major political issues taking place at the national level that can greatly affect the electrical and systems contracting industry.  

The Protecting the Right to Organize (PRO) Act, introduced in 2019 by Senators Patty Murray and Representative Bobby Scott, aims to overhaul federal labor law to favor labor unions over employers and employees. The bill has passed the House twice but is still pending in the Senate. It has strong support from Senate Democrats, with Majority Leader Chuck Schumer signaling willingness to advance it if it gains enough backing. 

The PRO Act includes provisions that would: 

  • Undermine workers’ choice and privacy in union elections. 
  • Codify a controversial joint-employer standard affecting small businesses. 
  • Restrict independent work opportunities. 
  • Eliminate Right-to-Work protections in states where they currently exist. 
  • Interfere with attorney-client confidentiality and complicate legal advice for businesses. 
  • Prohibit arbitration agreements in employment contracts. 
  • Undermine due process rights for employers. 
  • Remove protections against anti-competitive union practices. 
  • Exclude companies from federal contracts based on labor law allegations without proof. 

The bill seeks to reinstate labor policies rejected or abandoned in previous administrations and has gained more traction with the Biden administration’s support. President Biden has endorsed the PRO Act and proposed further measures to penalize corporate interference in union organizing. 

  1. NLRB “Ambush Elections” Rule: Implemented in December 2014, this rule significantly shortens the period for union elections from about 38 days to as few as 14 days, limiting employers’ and employees’ time to prepare and review unionization impacts. It also requires employers to provide union organizers with employees’ private contact information. Although there were efforts to nullify this rule, including legislation and court actions, it remains largely in effect with some recent modifications. 
  2. “Persuader” Rule: This rule, finalized in March 2016, aimed to make it more difficult for employers to consult legal counsel regarding unionization by narrowing the “advice” exemption. It would require more extensive disclosure of employer-consultant interactions. However, this rule was blocked by a court in 2016 and formally rescinded in 2018. The PRO Act seeks to reinstate similar provisions. 
  3. Secret Ballot: Legislation introduced in previous Congresses aimed to protect workers’ right to a secret ballot in union elections, countering efforts to replace it with “card check” procedures. The PRO Act, however, includes provisions to eliminate the secret ballot. 
  4. Joint Employer Standard: In 2015, the NLRB adopted a new standard making it easier to classify companies as joint employers, which could increase liability for labor law violations. This standard was later overturned but could be reinstated by the PRO Act, which aims to codify the broader standard. 
  5. Project Labor Agreements (PLAs): These agreements require union labor for federal contracts, potentially increasing costs and limiting competition. While Executive Order 13502 encouraged PLAs, the Trump administration did not act on it. IEC opposes PLAs and supports open competition. 
  6. Overtime: The DOL’s 2016 rule sought to increase the salary threshold for overtime eligibility significantly, but it was blocked and later revised. The final rule, effective January 2020, sets the threshold at $35,568 annually, lower than initially proposed. 
  7. Blacklisting: President Obama’s 2014 Executive Order required federal contractors to report labor law violations, potentially leading to contract loss without due process. This rule was blocked and later revoked under President Trump. 
  8. Paid Sick Leave: Implemented in 2016, this rule requires federal contractors to provide up to seven days of paid sick leave per year. IEC opposes this mandate due to its broad scope and burdensome requirements. 
  9. Davis-Bacon Act: This Act requires payment of prevailing wages on federal construction projects, often leading to higher costs and reduced competition. IEC supports repealing the Act and updating prevailing wage laws. 
  10. Salting: Union tactics involving undercover applicants (“salts”) to organize or harass contractors are a concern for IEC, which supports protections against such practices. 
  11. Prevailing Wage Rates: Current federal wage rates are determined by the DOL. IEC supports transferring this responsibility to the Bureau of Labor Statistics for more accurate calculations. 

Overall, IEC opposes various labor regulations and policies that it believes increase costs, limit competition, and infringe on employers’ rights. 

IEC is a strong advocate for expanding registered apprenticeship opportunities to enhance skills and practical experience in the electrical trade. In June 2017, President Trump signed an Executive Order aimed at expanding apprenticeships, leading to the creation of a Task Force on Apprenticeship Expansion. This Task Force, which included merit shop representation, recommended the establishment of Industry Recognized Apprenticeship Programs (IRAPs) to promote apprenticeships in sectors with insufficient programs. However, initial guidance and proposed rules have excluded construction from participating in IRAPs. 

In addition to supporting apprenticeship expansion, IEC is focused on reauthorizing the Carl D. Perkins Career and Technical Education Act, which funds career and technical education programs. The Perkins Act, renewed in 2018, is crucial for preparing students for skilled jobs. IEC supports increasing funding for this program to better address workforce demands. 

Overall, IEC advocates for more inclusive apprenticeship programs and greater funding for career and technical education to meet the needs of the skilled workforce. 

Tax Reform Overview: 

In late 2017, Congress passed a significant tax reform bill impacting small businesses and pass-through entities: 

  • Section 179 Expensing: Increased from $500,000 to $1 million, allowing small businesses to deduct the cost of equipment purchases. 
  • Pass-Through Deduction: Offers a 20% deduction for qualified pass-through businesses, reducing the maximum marginal tax rate to 29.6%. However, it limits business loss deductions to $500,000 for joint filers and is set to expire in 2025. 
  • Estate Tax: The exemption thresholds were doubled to about $11 million and $22 million, with inflation indexing. This exemption reverts to pre-2018 levels after 2025. 

Death Tax: 

  • The federal Estate Tax, or Death Tax, was retained with higher exemption thresholds. IEC supports repealing this tax entirely. 

Energy Policy: 

  • IEC advocates for expanded incentives for renewable energy, including solar and wind, and supports reducing the recovery period for investments in electricity transmission and smart grids from 20 to 10 years. 

Tenant Star: 

  • A proposed initiative aimed at improving energy efficiency in buildings through voluntary measures. IEC supports its provisions but notes limited progress in Congress. 

Commercial Building Tax Deduction (179D): 

  • Provides a tax deduction for energy-efficient improvements in commercial buildings. IEC supports making this deduction permanent and increasing it from $1.80 to $3.00 per square foot, as well as extending it to retrofit projects. 

Solar Investment Tax Credit (ITC): 

  • Offers a federal tax credit for solar energy investments, currently 30% but set to decrease in the coming years. IEC supports extending this credit. 

Overall, IEC supports continued efforts to enhance tax benefits and incentives related to energy efficiency and renewable energy. 

In the 113th Congress, several bills aimed to improve procurement processes for construction services: 

  1. Design-Build Efficiency and Jobs Act (H.R. 2750): Limits the number of teams in single-step and two-step design-build procurements to three to five, enhancing competition by involving more qualified competitors.
  2. Common Sense Construction Contracting Act of 2013 (H.R. 2751): Bans the use of reverse auctions by federal agencies, which can decrease competition and lower work quality.
  3. Security in Bonding Act (H.R. 776): Addresses surety bond fraud by requiring bonds to be backed by legitimate, tangible assets.

These proposals, which were reintroduced in the 114th Congress as H.R. 838, aim to save taxpayer money and improve competition for federal construction contracts. IEC supports these measures for more efficient and cost-effective procurement.

In the 116th Congress, two bills were introduced—Corporate Transparency Act of 2019 (H.R. 2513) and ILLICIT CASH Act (S. 2563)—requiring small businesses with 20 or fewer employees to report detailed information about their beneficial owners to the Treasury Department’s Financial Crimes Enforcement Network (FinCEN). The bills mandate annual updates and grant broad access to this information by various law enforcement agencies without a subpoena. 

These proposals increase the risk of misuse of private data and impose severe penalties for non-compliance, including up to $10,000 in fines or three years in prison. The National Federation of Independent Business estimates the cost of compliance for small businesses at $5.7 billion over ten years, with a significant time burden. IEC opposes these proposals, arguing they unfairly burden small businesses. 

In the 116th Congress, two bills were introduced—Corporate Transparency Act of 2019 (H.R. 2513) and ILLICIT CASH Act (S. 2563)—requiring small businesses with 20 or fewer employees to report detailed information about their beneficial owners to the Treasury Department’s Financial Crimes Enforcement Network (FinCEN). The bills mandate annual updates and grant broad access to this information by various law enforcement agencies without a subpoena. 

These proposals increase the risk of misuse of private data and impose severe penalties for non-compliance, including up to $10,000 in fines or three years in prison. The National Federation of Independent Business estimates the cost of compliance for small businesses at $5.7 billion over ten years, with a significant time burden. IEC opposes these proposals, arguing they unfairly burden small businesses. 

Metal theft has surged in the U.S., rising by 36% since 2010, with copper wiring being a major target. This issue affects many IEC members, who have experienced theft at business locations or construction sites. 

To address this, the Metal Theft Prevention Act (S. 394) was introduced in the 113th Congress. The bill aims to enhance federal protections by criminalizing metal theft from critical infrastructure, requiring recyclers to keep purchase records, and banning cash payments over $100 for resold metal. It also ensures that state and local laws remain in effect. The bill did not advance in the 114th Congress. 

IEC supports measures that protect businesses and infrastructure from metal theft. 

IEC contractor members value the competitive wages and benefits they offer and have long advocated for health care reforms to reduce costs, increase efficiency, and ease the burden on both employers and employees. They support market-driven reforms that ensure affordability, expand consumer choice, and make it easier for small businesses to provide quality health care. 

IEC opposed the Patient Protection and Affordable Care Act (PPACA) due to its costly mandates and uncertainty for small businesses. While complete repeal of PPACA seems unlikely, IEC backs amendments to reduce its negative impacts. In 2017, President Trump signed an Executive Order for association health plans, with final rules released in 2018, though these faced legal challenges. A 2019 court ruling invalidated the rules, and an appeal is ongoing. 

The PPACA also included a health insurance tax (HIT) expected to raise premiums for small businesses. Although this tax was temporarily lifted and permanently repealed in December 2019 (effective January 2021), it was still in effect for 2020. 

IEC supports Association Health Plans and medical liability reform to further improve health care affordability and accessibility. 

IEC supports expanding foreign worker visa programs to address labor shortages and aid economic recovery but is concerned about the Senate’s “Border Security, Economic Opportunity, and Immigration Modernization Act” (S. 744) from the 113th Congress. The bill’s cap of 15,000 annual “W visas” for construction workers, out of a total 200,000, is seen as inadequate and likely to cause labor shortages in the construction industry. This restriction could lead to project delays and higher costs, impacting small contractors and consumers. 

On employee verification, IEC emphasizes the importance of vetting employees to ensure legal work status and supports a mandatory verification system with a “knowing” intent standard for employer liability. The proposed S. 744 included this standard, preempting state regulations, and the “Legal Workforce Act” (H.R. 1772) also proposed a robust E-verify system with provisions for small businesses. IEC supports the verification standards outlined in S. 744.