Author Archives for michael

The Paycheck Protection Program Flexibility Act of 2020: What is it, and what’s next?

June 4, 2020 1:58 pm Published by Leave your thoughts

For many companies who received a Paycheck Protection Program (PPP) loan, unexpected problems arose alongside the payroll issues the PPP was designed to help solve. PPP provides forgivable loans to small businesses impacted by the COVID-19 pandemic (for background information, see our blogs about PPP here, here, here, and here). As the program nears the end of the covered period on June 30, however, it has become clear that borrowers are facing unintended complications.


CDC Reopening Guidelines

June 2, 2020 1:43 pm Published by Leave your thoughts

Last week, the Centers for Disease Control and Prevention (CDC) issued guidelines for reopening businesses, schools, day camps, health care facilities, mass transit, child care, and other industries.

The following is a snippet of a few topics addressed in the newly released guidance.


Workers’ Compensation Claims Likely to Skyrocket Thanks to New Legal Presumptions of COVID-19 Infection

May 18, 2020 6:53 pm Published by Leave your thoughts

As more states lift stay-at-home orders and give employers the green light to bring workers back on site, one thing employers need to be on the lookout for is an increase in workers’ compensation claims. Workers’ compensation statutes are no-fault, meaning that employees do not need to prove negligence on the part of the employer to establish liability. It also means the employer cannot use negligence on the part of the employee as a defense to a claim. In practice, then, employees who are injured or become ill on the job are entitled to benefits like wage replacement and medical expenses, and employer liability is limited, in most circumstances, to only those benefits available through workers’ compensation.


Main Street Lending Program

May 4, 2020 10:07 pm Published by Leave your thoughts

The Federal Reserve has announced that it is establishing a Main Street Lending Program (Program) to support lending to small and medium-sized businesses that were in sound financial condition before the onset of the COVID-19 pandemic but who may have been unable to access the Paycheck Protection Program (PPP) loans or who require additional financial support after receiving a PPP loan. Unlike PPP loans, Main Street loans are not forgivable.


What Do I Need to Know About F1 Visa Holders?

April 29, 2020 1:44 pm Published by Leave your thoughts

An F1 visa is a nonimmigrant visa for individuals who wish to pursue an education in the US. Every noncitizen who enters the US to attend school (from elementary school to post-graduate college) must apply for an F1 visa. To obtain an F1 visa, students must be able to show admission to a school approved by the Student and Exchange Visitor Program, official residency in a foreign country and intentions to return home, and sufficient financial support to remain in the US during their studies.


New Stimulus Bill Replenishes Small Business Loan Programs

April 25, 2020 1:35 pm Published by Leave your thoughts

On April 24, the President signed the Paycheck Protection Program and Health Care Enhancement Act (the “Act”) into law. Among other things, the Act allocates over $300 billion to replenish the Paycheck Protection Program (“PPP”), including $60 billion specifically set aside for loans made by community-based banks and smaller lenders. The Act also increases Economic Injury Disaster Loan (“EIDL”) program appropriations by $50 billion, and EIDL grant program funds by $10 billion.


Can I Reduce My Employees’ Wages and Salaries Due to Economic Slump?

April 13, 2020 7:40 pm Published by Leave your thoughts

The economic impact of the COVID-19 pandemic and related business closures and/or slowdown has been devastating for many. Employers are forced to cut costs, and many are considering reductions in hours, wages, and salaries to remain afloat. While this is a reasonable measure to minimize business interruptions and to keep as many employees on payroll as possible, employers should carefully implement wage, salary, and hour reductions to maintain legal compliance. The following provides general, federal guidance on these cost-cutting options, but employers should note that certain workers may be subject to additional laws (for instance those working on employment-based immigrant visas), and some states and local jurisdictions have stricter laws and regulations with which to comply.