Articles

FORGIVENESS OF PPP LOANS EASIER UNDER PAYCHECK PROTECTION PROGRAM FLEXIBILITY ACT of 2020

The Paycheck Protection Program Flexibility Act (the “PPPFA”), signed into law on June 5, 2020, dramatically alters critical elements of forgiveness of PPP loans. Key changes in the proposed new legislation include: Tripling the “covered period” from 8 weeks to 24 weeks from the date of the loan’s origination, or December 31, 2020, whichever is […]

DOL Guidance on Federal Pandemic Unemployment Compensation and Pandemic Unemployment Assistance

The United States Department of Labor (“DOL”) recently published two Unemployment Insurance Program Letters (“UIPL”) to assist states in implementing Federal Pandemic Unemployment Compensation, UIPL 15-20, and Pandemic Unemployment Assistance, UIPL 16-20, which are programs available under the CARES Act. Below is a brief overview. Federal Pandemic Unemployment Compensation (“FPUC”) Under FPUC, individuals receiving regular […]

LABOR DEPARTMENT GUIDANCE ON FAMILIES FIRST CORONAVIRUS RESPONSE ACT Effective April 1, 2020

The Department of Labor (“DOL”) issued preliminary guidance to employers on the recently passed Families First Coronavirus Response Act (“FFCRA”). The FFCRA brings emergency paid sick leave (“EPSL”) and expanded Family and Medical Leave Act leave (“EFMLA”) to employees for circumstances related to the COVID-19 pandemic. For background on the FFCRA view Paid Sick Leave […]

PROVING EMPLOYER LIABILITY IS NOT ALWAYS NECESSARY TO IMPLICATE COVERAGE UNDER EMPLOYER AUTO INSURANCE POLICIES

Good plaintiff contingency cases require: (1) established liability; (2) adequate damages; and (3) a source from which to fully recover those damages. In auto accident cases, often liability is clear, and the injuries suffered (or death) create significant damages. But if the negligent driver has minimal auto insurance coverage, in most cases the recovery is […]

Arizona Unemployment Insurance Expanded in light of COVID-19

By Executive Order, Arizona expanded eligibility for unemployment benefits to individuals whose employment is affected by COVID-19 and forbid the adjustment of employers’ contribution rates based on benefits paid under the Executive Order.  The Executive Order waives certain requirements for terminated employees: Individuals need not wait a week after they lose their job to apply […]

Paid Sick Leave in the Age of Coronavirus

The Families First Coronavirus Response Act (the “Act”) became law on Wednesday, March 18, 2020. In addition to mandating free testing for COVID-19, appropriating money to shore-up programs providing food to low income Americans and appropriating money to stabilize the state unemployment compensation funds and federal agencies affected by the Act, Congress mandated Emergency Paid […]

EEOC Releases 2019 Statistics on Charges of Discrimination

The Equal Employment Opportunity Commission (“EEOC”) released its Fiscal Year 2019 Enforcement and Litigation Data, breaking down which charges of discrimination were the most common. Continuing the recent trend, charges for retaliation were the most common, making up 53.8% of all charges filed. Following closely in second, third, and fourth place were charges of disability […]

DOL Finalizes Rule Excluding Certain Perks from the “Regular Rate of Pay”

The Department of Labor’s new rule raising the salary level for overtime exemption to $35,568 goes into effect on January 1, 2020. With this rapidly approaching change, many employers are considering whether to increase employee salaries or begin paying overtime. For employers whose employees consistently work 40-hour weeks, it may be more cost-effective to pay […]

Helpful Tips for Terminating an Employee

Terminating an employee is not an easy task, but it is a necessary part of running a business. Unfortunately, it’s also an action that can create vulnerabilities for a company, spawning lawsuits or other forms of retaliation from former employees. Even if the termination was fully justified, becoming the focus of a wrongful termination lawsuit […]

Spotlight on History’s Famous Whistleblowers

Authorities rely on whistleblowers to uncover fraudulent or wrongful acts committed by corporations and government agencies. Many whistleblowers are individuals motivated by a strong sense of professional ethics. While most cases of whistleblowing never become headline news, there have been quite a few famous ones over the years. Jeffrey Wigand Jeffrey Wigand was a high-level […]