- Information Current as of April 9, 2020
On April 6, 2020, the U.S. Small Business Administration (SBA) issued FAQs in an effort to provide timely additional guidance to address borrower and lender questions concerning the implementation of the Paycheck Protection Program (PPP).
- Updated - Families First Coronavirus Response Act–Payroll Tax Credits for Required Paid Sick and Family LeaveApr 08 2020
Under the Emergency Family and Medical Leave Expansion Act (the “FFCRA”), employers who have fewer than 500 employees are required to provide emergency sick and family leave if an employee must take leave from work due to a coronavirus related event or condition under the Family Medical Leave Act (FMLA).
- Apr 08 2020
The impact of COVID-19 continues to be felt across the globe, including by the millions of workers who have been laid off in the United States. The CARES Act (the “Act”) has established a temporary, federally funded Pandemic Unemployment Assistance (“PUA”) program for individuals who are otherwise ineligible to receive unemployment benefits, such as gig workers, freelancers, and independent contractors.
- Information Current as of April 8, 2020
Under the Paycheck Protection Program (PPP) provisions of the CARES Act, generally a business is eligible for a PPP loan if the business has 500 or fewer employees whose principal place of residence is in the United States, or operates in a certain industry and meets the applicable Small Business Administration (SBA) employee-based size standard for that industry.
- Apr 03 2020
Effective Period. This Executive Order is effective from 6:00 P.M. on Friday, April 3, 2020, until 11:59P.M. on Monday, April 13, 2020.
Social Distancing. All residents and visitors of the State of Georgia shall practice social distancing and sanitation in accordance with this Order and guidelines published by the Centers for Disease Control and Prevention.
- Apr 03 2020
Highlights of the CARES Act
The Coronavirus Aid, Relief, and Economic Security (CARES) Act passed late last week provides emergency assistance for both employees and businesses. While all of the details are still being ironed out, below are some of the highlights of the Act.
- Apr 03 2020
On April 2, 2020, the Small Business Administration (SBA) released an Interim Final Rule implementing the Paycheck Protection Program (PPP) provisions and (the loan forgiveness provisions of the Coronavirus Aid, Relief, and Economic Security (CARES) Act. The U.S. Department of the Treasury (the Treasury) released informal guidance on PPP on March 31, 2020. The CARES Act was enacted a few days prior on March 27, 2020.
- Apr 01 2020
On Tuesday, the Treasury Department released guidelines to the market in the form of a Top-Line Overview of the Paycheck Protection Program (PPP), Lender Information Sheet, Borrower Information Sheet and Application Form, which can be found here: https://home.treasury.gov/policy-issues/top-priorities/cares-act/assistance-for-small-businesses.
- Mar 31 2020
Rent Abatement Requests
In light of the COVID-19 pandemic, tenants are looking closely at leases to see if any relief can be found or what defenses a landlord may have for the nonpayment of rent. Despite statewide, county or municipal orders that may restrict operations at leased premises, leases remain enforceable contracts. Generally speaking, both landlords and tenants are obligated to comply with lease terms by maintaining the property and paying rent.
- Mar 30 2020
The CARES Act, signed by President Trump March 28, 2020, legislates several amendments to the tax code in order to help businesses obtain higher levels of liquidity and give them cash. The relief is extended in hopes that employers who benefit from the emergency rules will be able to keep employees on the payroll during the COVID-19 pandemic.
- Coronavirus Aid, Relief, and Economic Security (CARES) Act Paycheck Protection Program and Loan ForgivenessMar 30 2020
On March 27, 2020, the bipartisan legislation, known as the Coronavirus Aid, Relief and Economic Security (CARES) Act, was signed into law and became the third aid package from Congress in the month of March to address the growing pandemic. Section 1102 of the CARES Act created a new loan product within the Small Business Administration’s 7(a) Loan Program known as the Paycheck Protection Program as discussed below.
- Mar 27 2020
The Families First Coronavirus Response Act (“FFCRA”) requires covered employers to post a notice regarding the law’s requirements.
- Mar 27 2020
Under the approved CARES Act, many small businesses are now able to obtain Section 7(a) SBA loans under the Paycheck Protection Program (which also allows for loan forgiveness). The regulations for the new Paycheck Protection Program Act may take time to implement and borrowers who have an extremely limited headcount may not be qualified. If you do not have time to wait for the Paycheck Protection Program Act to be implemented and have fewer salaried employees, you may ...
- Updated March 30, 2020 - CARES Act: Paycheck Protection Program (SBA 7(a) Covered Loans) and Loan ForgivenessMar 26 2020
The CARES Act signed by the President, creates a new loan product within the Small Business Administration’s 7(a) Loan Program called "Paycheck Protection Loans". The expressed intention of the program is to assist and incentivize businesses to keep their doors open and keep as many employees employed during the crisis, by providing them low-interests, partially forgivable loans, to cover expenses like rent, payroll, employee health insurance benefits, and ...
- Mar 25 2020
A $2T stimulus package deal was announced by Congress and Administration late last night after lengthy negotiations. It is expected that the package will be passed and enacted within days. The New York Times reports that portions of the bill are still being drafted as of early today, for a vote expected when the Senate convenes this afternoon.
- Department of Labor Releases Q&A Regarding Coronavirus Emergency Paid Sick Leave and FMLA Leave RulesMar 25 2020
The United States Department of Labor (DOL) on Tuesday issued a concise Q&A relating to the leave, pay calculation, employee count, overtime, and other technical details contained in last week’s Families First Coronavirus Response Act (FFCRA). The Q&A answers many of the immediate and common questions raised by the recently released emergency changes to the nation’s paid sick leave and paid FMLA leave requirements.
- Mar 24 2020
In the last 24 hours, we have seen three shutdown orders, only two of which affect Georgia child care centers. Under Mayor Bottom’s order, Atlanta residents are confined to their homes, but the order specifically exempts child care centers as essential businesses. The mayor of Savannah’s order exempts child care centers providing services to employees of other exempt businesses and has several restrictions.
- Mar 23 2020
With at least one in four Americans living under lockdown orders due to the Covid-19 pandemic, a new question has started to affect many US companies: can my company stay open during a lockdown?
- Mar 19 2020
Late on March 18, 2020, the Senate passed House Bill 6201, named the "Families First Coronavirus Response Act" and the White House promptly signed it that evening. House Speaker Nancy Pelosi and Treasury Secretary Steve Mnuchin, with the White House's authority, had negotiated and drafted the legislation, which had cleared the House late last week.
- Mar 19 2020
Tax Credits for Paid Sick and Paid Family and Medical Leave
The Act provides 100 percent refundable tax credits to employers with regard to two categories of paid sick and family leave (described below) that employers must grant to employees under the Act to address employment interruptions related to COVID-19.
- Mar 19 2020
For small businesses in Georgia (and many other states), relief from coronavirus-related economic losses may be available via a federal loan from the Small Business Association (SBA). These are low-interest federal disaster loans for working capital and can be used for bills and debts that the business cannot pay because of the virus’ impact, such as payroll, accounts payable, and fixed debts.
- COVID-19 triggering Georgia’s Mass Separation Notice Requirements and changes to Partial Claims processMar 18 2020
As businesses continue to grapple with ongoing closures and the effects of wide scale social distancing spurred by the COVID-19 pandemic, a spotlight has been cast on some lesser known state requirements related to mass separations.
- Mar 16 2020
On March 13, 2020, House Speaker Nancy Pelosi and Treasury Secretary Steve Mnuchin, acting on behalf of the White House, reached a deal for a coronavirus economic relief deal, and the House passed it that evening. H.R. 6201, named the "Families First Coronavirus Response Act" could affect employers with less than 500 employees in a number of ways, including requiring paid FMLA and sick leave. (Employers with 500 or more employees will not be affected.)
- Feb 14 2020
Employment law attorneys Raanon Gal and Billy DeClercq routinely advise clients on the topic of appropriate workplace conduct and will be facilitating an upcoming webinar on sexual harassment prevention. Mr. Gal and Mr. DeClercq will also offer key insights to guide California-based clients to ensure compliance with the state and federal laws.
- Nov 04 2019
The California Consumer Privacy Act (CCPA) comes into effect on January 1st, 2020. It is a sweeping law about the confidentiality and security requirements relating to individuals’ “personal data.”
- Oct 24 2019
The U.S. Patent and Trademark Office (USPTO) recently announced that, starting on August 3, 2019, all foreign-domiciled trademark applicants, registrants, and parties to Trademark Trial and Appeal Board (TTAB) proceedings must be represented by a licensed U.S. attorney.
- Oct 03 2019
Georgia has a complex web of laws governing mandatory reporting, and the responsibility includes more than traditionally-understood abuse or neglect. The law imposes a responsibility to report such things as emotional abuse, exposure to drugs, driving under the influence, and some cases of domestic violence.
- Sep 24 2019
Last week, California enacted a bill known as AB 5, despite intense opposition from businesses and aggressive lobbying from gig-worker companies that have relied on classifying their workers as independent contractors. Every business who hires workers of any kind in California needs to take prompt action to respond.
- Sep 24 2019
On September 23, 2019, the United States Department of Labor (“DOL”) issued its final rule regarding the Fair Labor Standards Act’s (“FLSA”) salary test for the executive, administrative and professional exemptions. The final rule runs 245 pages but its changes to the exemption test is relatively uncomplicated.
- Aug 06 2019
The so-called “Company Model” for providing anesthesia services at ambulatory surgical centers (“ASC’s”), modern health care facilities which provide same-day surgical care, continues to offer potential profits to physician-owners of ACS. But along with the economic opportunity comes long-standing legal controversy beset with civil and criminal sanctions. Georgia has taken center stage in the fight.
- Jul 11 2019
Amazon’s recent classification as a “seller” under Pennsylvania law could expose it to additional liability for product sales made on its massive online marketplace. A recent ruling issued by the Third Circuit Court of Appeals could expose Amazon to claims for strict product liability and negligence in states having similar laws to those in Pennsylvania.
- Jun 27 2019
As Bitcoin* continues to rise in value relative to the U.S. dollar (currently trading at $12,843 on Coinbase), renewed interest in the non-sovereign currency is sparking the question among some intrepid employers: Can I pay my employees in Bitcoin?
- Jun 26 2019
Trustees who have been paying taxes in Georgia on accumulated fiduciary income may want to reevaluate that practice based upon the language of the Georgia statute and the Supreme Court decision on the Kaestner case.
- Jun 25 2019
Brand owners often struggle to maintain their “minimum advertised price” (or “MAP”) in a world of ubiquitous online resellers. A recent decision issued by the U.S. District Court for the District of Utah involving a consumer brand provides guidance to trademark owners who want to limit the unauthorized resale of their products.
- May 23 2019
On May 9, 2019, the state of Washington joined Massachusetts, Utah, Idaho, Colorado, Illinois and Nevada in curtailing the use of employee non-competition covenants.
- Apr 30 2019
The Georgia Department of Revenue will be holding an auction Wednesday, May 1, 2019, at Century Center to sell a large quantity of distilled spirits and wine that their agents have seized over a period of time.
- Apr 29 2019
Based on an April 25, 2019, ruling by the U.S. District Court for the District of Columbia, employers who submit an EEO-1 Report must also submit the 2018 Component 2 pay data by September 30, 2019.
- Apr 25 2019
On Wednesday, April 24, 2019, the Supreme Court issued another decision supporting the use of individual arbitration agreements, and limiting employee and consumer access to class and collective claims.
- Mar 27 2019
On March 21, 2019, the Eleventh Circuit Court of Appeals issued its en banc decision in Lewis v. City of Union City.
- Mar 26 2019
New Jersey Senate Bill 121 bans nondisclosure provisions for discrimination, harassment, and retaliation claims, deeming future confidentiality agreements unenforceable and forcing employers to reevaluate their policies.
- Mar 18 2019
On March 7, 2019, the United States Department of Labor (“DOL”) issued a proposed rule regarding the salary threshold for treating employees as exempt under the administrative, executive, and highly compensated employee exemptions.
- Mar 18 2019
One of the more helpful aspects of the change in administrations is the resumption of the United States Department of Labor’s (“DOL”) use of Opinion Letters to provide guidance to employers.
- Feb 19 2019
After several revisions and months of debate, Congress enacted The Tax Cuts and Jobs Act (“TCJA”) on December 22, 2017, the largest change to the Internal Revenue Code since 1986. The sweeping changes resulted in more take-home pay for some employees, but many employees will find that they did not have enough Federal income tax withheld from their paychecks to cover their entire tax liability for 2018. Employees that routinely get refunds may actually owe tax when ...
- Jan 31 2019
Attorneys Jeff Kuester and Brad Czerwonky discuss the importance of timely filing patent applications based on the Supreme Court’s Helsinn Healthcare decision. Mr. Kuester and Mr. Czerwonky specifically discuss best practices regarding on-sale events. They explain interpretations under the America Invents Act (AIA), qualifications for “on-sale” events, the availability (or unavailability) of grace periods, the effect of non-disclosure ...
- Jan 22 2019
With The Big Game quickly approaching, we wanted to remind you that the NFL is an aggressive enforcer of its trademark rights in the term “Super Bowl.” The City of Atlanta has extended hours for alcohol sales the week of The Big Game.
- Jan 01 2019
Georgia has a complex web of laws governing mandatory reporting, and the responsibility includes more than traditionally-understood abuse or neglect. This survey discusses only the mandated reporter statute in Georgia.
- Nov 26 2018
On November 19, Institutional Shareholder Services, the leading proxy advisory firm (“ISS”), announced revisions to its 2019 proxy voting guidelines. While the revisions consist largely of minor tweaks to existing policies, two of the 2019 revisions are noteworthy.
- Aug 30 2018
A recent Delaware Court of Chancery case, ChyronHego Corp. v. Wight, C.A., explores the interaction between several of the typically relevant provisions.
- Aug 29 2018
On August 28, 2018, the United States Department of Labor Wage and Hour Division (“DOL”) issued an opinion letter that could be a game changer for organizations that employ inside sales representatives.
- Aug 20 2018
On August 10, 2018, Massachusetts’ governor signed into law a bill that significantly changes the Commonwealth’s law on covenants not to compete in the employment/independent contractor context. The law narrows the categories of workers who can be bound by a covenant not to compete, specifies the notice to the contractor or employee and consideration required, and limits the circumstances in which such covenants can be enforced against former employees.