Alerts Archive

  • Information Current as of May 29, 2020

    Georgia Governor Brian Kemp has issued two executive orders governing Georgia childcare and camping programs, dated May 21, 2020 and May 28, 2020. Together, the two orders extend the new rules through June 15, 2020, allow more children and staff in groups, and allow overnight camps beginning May 31. 

  • Information Current as of May 26, 2020

    On May 22, 2020, the U.S. Small Business Administration (SBA), in consultation with the Department of Treasury, issued an interim final rule on review procedures and related borrower and lender responsibilities with respect to Payroll Protection Program (PPP) loans. This interim final rule provides information to borrowers who have received a PPP loan as to what to expect in the SBA’s review of an individual PPP loan and/or audit of a PPP loan. Additionally, the ...

  • Information Current as of May 26, 2020

    On May 22, 2020, the U.S. Small Business Administration (SBA), in consultation with the Department of Treasury, issued an interim final rule (regulations) on the forgiveness process, requirements and considerations with respect to Payroll Protection Program (PPP) loans. This interim final rule provides information to borrowers on forgiveness and is in line with the guidance contained in the Loan Forgiveness Application published on May 15, 2020.

  • Information Current as of May 26, 2020

    Because of required closures and other challenges facing businesses during this pandemic, many tenants are unable to meet lease obligations and/or asking for concessions from landlords. Rather than wasting precious resources arguing about whether the tenant’s performance is excused based on force majeure, frustration of purpose or other legal concept, consider strategizing with your tenant to come to a mutually acceptable solution. When developing a ...

  • Information Current as of April 18, 2020

    Under the Paycheck Protection Program (PPP) provisions of the CARES Act, generally a business is eligible for a PPP loan if the business, together with its affiliates, has 500 or fewer employees or operates in a certain industry and meets the applicable Small Business Administration (SBA) employee or revenue based size standard for that industry. Using the SBA permitted size standards, in some circumstances, a business (when considered together with its ...

  • Information Current as of May 13, 2020

    On May 12, 2020, Georgia Governor Brian Kemp issued an updated Executive Order regarding continued social distancing, sanitation and other measures for businesses, and continued prohibition of Gatherings (more than 10 people if they cannot be kept six feet apart). The Order can be found here.

  • Information Current as of May 13, 2020

    Governor Kemp has issued a new executive order (the Order) that extends the state’s social distancing and other protocols to mitigate spread of the coronavirus through May 31, 2020, changes some rules for childcare programs, and sets out specific rules for summer camps. 

  • Information Current as of May 4, 2020

    On April 30, 2020, the IRS announced in Notice 2020-32 (the Notice), its position regarding the disallowance of certain otherwise allowable tax deductions for a borrower (taxpayer) that is forgiven repayment of a Paycheck Protection Program (PPP) loan. While the notice is apparently contrary to the intent of Congress and not entitled to judicial deference because it was issued without prior notice and comment, the IRS nevertheless will attempt to enforce it. 

  • Information Current as of April 29, 2020

    As Georgia businesses consider reopening or expanding after Gov. Kemp’s most recent executive order, many are considering liability waivers to have clients and/or customers sign. To date, no courts have reviewed any waivers specifically in light of COVID-19, but there are some general principles available.

  • Information Current as of April 28, 2020

    Gov. Kemp’s most recent executive order (the “Order”) has specific rules for licensed child care facilities and general rules for other youth-serving organizations. The order does not change many rules, but it does put all of them in one place. If you are thinking about whether to open your program, these are the rules you will have to follow.

  • Information Current as of April 27, 2020

    On April 23, 2020, Governor Kemp signed an Executive Order allowing many Georgia businesses to resume in-person operations. The Order, which is available here, provides a framework for re-opening the state and sets forth detailed health and safety guidelines for many businesses to follow during this first phase of re-opening.

  • Information Current as of April 27, 2020

    Now that employers may start bringing employees back into the workplace or hiring new employees, they should be aware of permissible actions to avoid subjecting workers to the COVID virus.   

  • Information Current as of April 27, 2020

    As the shelter-at-home (SAH) orders for many states expire this week, companies across the country are starting to think about how and under what circumstances they will reopen. While it is early in the process, some themes have emerged. 

  • Information Current as of April 24, 2020

    Earlier this week, the Governor’s office announced that restaurants in Georgia could re-open as early as Monday (April 27) UNDER certain guidelines and protocols. The guidelines and protocols weren’t released at the time the announcement was made as the Governor’s office wanted to give time for the industry to weigh in. We have some clients who will be opening on Monday – particularly in jurisdictions that have not had many cases of coronavirus. Other ...

  • Information Current as of April 21, 2020

    Georgia will permit some non-essential businesses to reopen this week and next, subject to social distancing measures. Governor Brian Kemp announced the loosening at an afternoon press conference on Monday April 20. Other states including South Carolina, Ohio, Tennessee, and Florida also made announcements yesterday regarding initial moves toward statewide reopening. 

  • Information Current as of April 15, 2020

    Over the past several weeks the federal government has passed a number of employment related laws in an effort to minimize the harsh economic impact of COVID-19 and the subsequent shutdowns ordered by state and local governments. Two of these are the Emergency Paid sick Leave Act (EPSLA) and the Emergency Family Medical Leave Expansion Act (EFMLEA).

  • Information Current as of April 15, 2020

    Manufacturers, distributers and others involved in the production and supply of certain devices and drugs needed in the fight against COVID-19 are provided a higher level of protection from liability under both State and Federal law with respect to claims for loss related to the use of the products by individuals.

  • Information Current as of April 14, 2020

    The CARES Act legislated several amendments to the tax code in an effort to help businesses maintain higher levels of liquidity during the COVID-19 pandemic. One of these amendments, set out in Section 2302 of the Act, allows an employer to delay the payment of the employer’s share of social security taxes. This article is an update to our previously issued law alert, “Tax Provisions in the CARES Act.”

  • Information Current as of April 10, 2020

    We have prepared this alert for our clients based primarily on questions we have received on the some of the provisions of the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”).

  • Information Current as of April 10, 2020

    For those businesses that were unable to take advantage of the small business loan forgiveness program known as the Paycheck Protection Program, the CARES Act also offers another provision to help businesses obtain funding to help with expenses during the COVID-19 pandemic. 

  • 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).

  • Apr 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, 2020until 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.

  • Mar 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 ...

  • Mar 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. 

  • Mar 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. 

  • Mar 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.

Date published