DOL Issues New FMLA Model Notices and Forms
July 17, 2020
Much like the rest of us, the U.S. Department of Labor apparently needed a break from COVID-19 news, so it has turned its attention to FMLA classic and released new model notices and forms for administration of FMLA leave.
Here are some highlighted changes:
Paycheck Protection Program Extended
July 07, 2020
The original deadline to apply for a Paycheck Protection Program (PPP) loan was June 30, 2020, but over the weekend, the President signed S. 4116 into law, extending the program for another five weeks. The program will now remain open until August 8, 2020. This program extension comes on the heels of The Paycheck Protection Program Flexibility Act which already provided good news to borrowers by making important changes to some of the original program terms.
Liability Waivers: Can I Force my Employees to Sign Before Returning to Work?
July 02, 2020
Even as many businesses begin the reopening process, COVID-19 is still very much a public health concern. While you may be implementing liability waivers for your customers and clients to limit the risk to your organization, when it comes to your employees, think again.
Supreme Court Rules That Title VII of the Civil Rights Act of 1964 Prohibits Employment Discrimination Against Gay and Transgender Individuals
June 24, 2020
By now, you’ve likely heard about the landmark Supreme Court ruling issued last week in Bostock v. Clayton County, Georgia. Bostock is a consolidation of three cases involving employees who were fired either for being gay or transgender. In a 6-3 opinion written by Justice Neil Gorsuch, the Court stated that “it is impossible to discriminate against a person for being homosexual or transgender without discriminating against that individual based on sex.” Of course, discrimination on the basis of sex is specifically prohibited by Title VII of the Civil Rights Act of 1964.
SBA Releases New Guidance and PPP Loan Forgiveness Application
June 22, 2020
In response to changes made to the PPP loan program by the Paycheck Protection Program Flexibility Act of 2020 (which... Read More
SCOTUS Rules that Gay and Transgender Workers are Included in the Title VII of the Civil Rights Act of 1964
June 15, 2020
In a landmark ruling on Monday June 15, 2020, the United States Supreme Court has ruled that gay and transgender... Read More
The Paycheck Protection Program Flexibility Act of 2020: What is it, and what’s next?
June 04, 2020
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 02, 2020
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.
Paycheck Protection Program Update
May 19, 2020
By now, you’re likely familiar with the Paycheck Protection Program (PPP), which provides forgivable loans to small businesses impacted by the COVID-19 pandemic (for background information, see our blogs about PPP here, here, and here). As many business come to the end of their 8-week covered loan period, the SBA released a loan forgiveness application and instructions.
Workers’ Compensation Claims Likely to Skyrocket Thanks to New Legal Presumptions of COVID-19 Infection
May 18, 2020
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.
Pandemic Preparedness and Response Plan What is it and why do you need one?
May 12, 2020
As stay-at-home orders expire and restrictions loosen, many employers are thinking ahead to their reopening phase. Organizations are generally encouraged... Read More
Main Street Lending Program
May 04, 2020
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
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
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
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.
State of the HR Industry- a Note from our CEO Mark Young
April 13, 2020
At 53 years of age, and as a leader of my sixth business, this is not my first economic crisis or downturn, and in each... Read More
FFCRA Tax Credits
April 07, 2020
On April 1, 2020, the Families First Coronavirus Response Act (FFCRA) went into effect, requiring employers to provide employees with paid sick leave (PSL) and expanded leave under the Family and Medical Leave Act (EFMLA) and enabling employers to recoup the cost of these leaves through tax credits. The IRS has issued guidance for employers with regard to obtaining and processing these tax credits.
The Small Business Administration Issues an Interim Final Rule for the Paycheck Protection Program
April 07, 2020
The Small Business Administration (SBA) has issued an interim final rule to announce implementing regulations for the new Paycheck Protection Program (PPP), which was created by the Coronavirus Aid, Relief, and Economic Security (CARES) Act to offer low-interest loans to small businesses affected by the COVID-19 crisis. The PPP encourages businesses to maintain employee numbers and compensation by offering loan forgiveness, subject to certain conditions. General information on the PPP and eligibility requirements can be found here.
USERRA- COVID19
March 30, 2020
In response to the recent COVID-19 pandemic, governors from all 50 states, Puerto Rico, Guam, the U.S. Virgin Islands and Washington, D.C. have chosen to mobilize National Guard troops to aid the government’s response. Some of the activities Guards members are being asked to assist in include delivering food to those in the hardest hit regions, providing critical personal protective equipment to medical personnel and first responders, supporting testing facilities, and providing transport assistance to support health care providers. In this time of crisis, our troops are being relied upon to assist with many critical functions to ensure the success of the United States’ COVID-19 response.
The Relief for Workers Affected by Coronavirus Act: Changes in Unemployment Insurance
March 30, 2020
The Relief for Workers Affected by Coronavirus Act (Title II, Subtitle A of the CARES Act) has made several changes to federal unemployment insurance law. The Act extends benefits to groups of individuals who previously would not have been eligible for unemployment insurance benefits, but whose employment has been adversely affected by the COVID-19 pandemic. The Act also provides a financial supplement for all unemployment insurance recipients.