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New PPP Legislation Provides Employers More Flexibility On Use Of Loans For Payroll Expenses (US)

In this post from Squire Patton Boggs’ Capital Thinking blog, our colleagues Kirk Beckhorn, Pablo Carrillo, Keith Bradley, Karen Harbaugh, George Schutzer and Tom Reems discuss changes to the Paycheck Protection Program established by the CARES Act as a result of the signing of the Paycheck Protection Program Flexibility Act of 2020 in to law on June 5, 2020. ***  ***  … Continue Reading

Treasury Department Eases Minds of Paycheck Protection Program (PPP) Loan Borrowers With Additional Informal Guidance (US)

The 2020 Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”), which Congress passed in late March 2020 in order to provide relief to businesses and taxpayers affected by the COVID-19 pandemic, included the Paycheck Protection Program (or PPP) loan program – which allowed small business concerns (generally speaking – albeit with some notable, high … Continue Reading

Navigating Employee Return-to-Work Issues (US)

On Friday, May 15, 2020, Arizona’s “Stay Home, Stay Healthy, Stay Connected” order will expire. At that time, only a handful of states (Connecticut, Illinois, Massachusetts, and New Jersey) will still be under broad stay-at-home restrictions, but even those remaining states will begin the phased reopening process between May 15 and 30. As employers begin … Continue Reading

US Department of Labor Issues Additional Informal Guidance on Families First Coronavirus Response Act (US)

The Families First Coronavirus Response Act (FFCRA) has been in effect for nearly six weeks and, as practical challenges with interpreting and implementing the Act surface, the Department of Labor (DOL) continues to update its informal guidance in piecemeal fashion. On May 12, 2020, the DOL added five additional questions and answers to its FFCRA … Continue Reading

City of Los Angeles Right of Recall and Worker Retention Ordinances Take Effect (US)

In the midst of the COVID-19 pandemic, Los Angeles, California Mayor Eric Garcetti signed the Right of Recall and Worker Retention Ordinances into law to protect employees in some of the industries hardest hit by the economic fallout caused by the coronavirus.  The Los Angeles County Board of Supervisors is considering extending these ordinances to … Continue Reading

Employer’s Guide to Return-to-Work Issues: COVID-19 Public Health Emergency (US)

The coronavirus disease 2019 (COVID-19) public health emergency has changed life as we know it, including by severely disrupting business on a nationwide scale.  In some cases, employers have been forced to temporarily close their doors and cease operations, while others have had to make radical changes to the workplace in order to maintain operations. … Continue Reading

US DOL Provides More Guidance On Pandemic Unemployment Assistance: Restrictions on Eligibility, Summer Break Limitations, Gig Worker Benefits, and More (US)

As most everyone now knows, among other things, the massive $2 trillion-plus CARES Act created multiple federal unemployment compensation programs for individuals impacted by the novel coronavirus disease (COVID-19). These programs provide federal funding to the states to administer and provide unemployment compensation assistance to a broad range of COVID-19-impacted employees including, notably, those who … Continue Reading

Extension of IR35 to the private sector, Part 17 – the House of Lords takes revenge, eventually (UK)

Trying to find the most depressing part of the new House of Lords’ Economic Affairs Committee report on IR35 is not easy.  There are so many possible candidates, for one thing, and as an insight into the legislative process it is little short of terrifying.  Not even law by twitter like the Job Retention Scheme, … Continue Reading

OSHA State Plan Agencies Issue COVID-19 Guidance (US)

Over the past several months, the federal Occupational Safety and Health Administration (OSHA) has steadily issued guidance to both employers and agency officials on strategies to navigate regulatory matters related to the COVID-19 pandemic, as we have discussed here, here, here, here, and here. However, federal OSHA is not the only government agency addressing the crisis at hand. Below is an … Continue Reading

OSHA Interim Response Plan for COVID-19 Issued to Guide Agency Action, But Just as Useful for Employers (US)

From our colleagues at the FrESH Law Blog comes a post analyzing the US Occupational Safety and Health Administration’s (OSHA) recent Interim Enforcement Response Plan for Coronavirus Disease 2019 (COVID-19). Since the COVID-19 pandemic first hit the United States in early 2020, OSHA has been issuing COVID-19 guidance to employers on appropriate ways to address … Continue Reading

WEBINAR April 21 – US ESH Webinar Series – COVID-19: Safety and Health Law on the New Frontier (US)

While COVID-19 has turned everyone’s focus toward safety and health generally, it has forced US employers specifically to focus on the safety and health of their employees during an unprecedented time. Employers in the US have common law and statutory duties to ensure safe workplaces, but the COVID-19 pandemic has greatly disrupted many of the … Continue Reading

Los Angeles Implements Multiple Employment-Related Measures Responding to COVID-19 Crisis (US)

Ordinances and Executive Orders require paid sick leave, provide additional protections for grocery, drug store, and food delivery employees, and mandatory face mask use Like many other US cities and counties, the City of Los Angeles – the second most populous city in the US and home to four million citizens – has taken decisive … Continue Reading

Update on Federal Agency Activity – EEOC, NLRB, OSHA, and DOL – Amidst the COVID-19 Crisis (US)

The COVID-19 pandemic has had a major impact on all aspects of life for all Americans and we are all still adjusting to this new “normal,” which is anything but normal.  Federal administrative agencies and their employees of course have not been immune to the effects of the current crisis and they, like private sector … Continue Reading

REMINDER: Webinar on April 13 and Summary of Families First Coronavirus Response Act Analysis (US)

Throughout this past week, we have provided a comprehensive analysis of the various provisions of the federal Families First Coronavirus Response Act (FFCRA), the first ever federal law requiring the payment of paid sick leave and paid family leave for various COVID-19-related reasons.  These daily updates include consideration of employer and employee coverage; qualifying reasons … Continue Reading

SPB IN-DEPTH ANALYSIS – The Families First Coronavirus Response Act – Part Five of a Five-Part Series (US)

Previous installments of our series analyzing in detail the Families First Coronavirus Response Act (FFCRA) and the regulations interpreting that law issued by the US Department of Labor addressed the following issues: Part One – employee eligibility and employer coverage; Part Two – the coronavirus-specific circumstances why eligible employees may take paid leave; Part Three … Continue Reading

WEBINAR – April 13: Addressing COVID-19 Practically and Legally – Part Three: What US Employers Need to Know (US)

Please join us on Monday, April 13 at 1 p.m. EDT/10 a.m. PDT as Jill S. Kirila and Laura Lawless present the third webinar in our series discussing employment issues stemming from COVID-19.  We will dig deep into the recent federal regulations, including the Families First Coronavirus Response Act, and will discuss the CARES Act and how … Continue Reading

Update on Most Recent US DOL Guidance on Unemployment Provisions of CARES Act (US)

The US Department of Labor (DOL) has issued a number of publications offering guidance to the states for implementing certain federal unemployment insurance provisions contained in the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), including the Pandemic Unemployment Assistance (PUA), Federal Pandemic Unemployment Compensation (FPUC), and Pandemic Emergency Unemployment Compensation (PEUC) programs.  As … Continue Reading

SPB IN-DEPTH ANALYSIS: The Families First Coronavirus Response Act – Part Four of a Five-Part Series (US)

The first three installments of our five-part series analyzing the US Department of Labor regulations interpreting the Families First Coronavirus Response Act (FFCRA) examined eligibility and coverage issues.  Part One looked at which employees are eligible to take, and which employers are required to provide, emergency paid sick leave and public health emergency paid family … Continue Reading

SPB IN-DEPTH ANALYSIS:  The Families First Coronavirus Response Act – Part Three of a Five-Part Series (US)

The first two installments of our five-part in-depth analysis of the emergency paid sick leave and public health emergency paid family leave provisions of the Families First Coronavirus Response Act (FFCRA) – see here and here – analyzed the statutory language and regulations governing employer coverage, employee eligibility, the circumstances under which employees can request … Continue Reading

New York State Enacts Paid Sick Leave Program and Extends PAUSE Restrictions (US)

In light of the ongoing pandemic crisis, on April 6, 2020, Governor Andrew Cuomo announced that he is extending the “PAUSE” restrictions in New York State, which means that non-essential businesses will remain closed until at least April 29, 2020. Additionally, last week on April 3, 2020, Governor Cuomo signed the FY 2021 Executive Budget: … Continue Reading

SPB IN-DEPTH ANALYSIS:  The Families First Coronavirus Response Act – Part Two of a Five-Part Series (US)

In the first part of our in-depth analysis of the Families First Coronavirus Response Act (FFCRA) and its accompanying regulations, we addressed employer coverage and employee eligibility issues under the new law.   In the second installment of this series, we turn to looking at the coronavirus-specific reasons upon which an employee can obtain FFCRA leave, … Continue Reading

SPB IN-DEPTH ANALYSIS:  The Families First Coronavirus Response Act – Part One of a Five-Part Series (US)

During the second half of March 2020, the US Congress passed three landmark pieces of legislation addressing the COVID-19 (a/k/a novel coronavirus) pandemic.  One of these was the Families First Coronavirus Response Act (FFCRA).  Under this law, employers of fewer than 500 employees are required to provide eligible employees with up to 80 hours of … Continue Reading
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