Federal Equal Employment Opportunity Law – Recent Developments

2020 brought employment law practitioners several federal court decisions that proved to be interesting, instructive and, at times, entertaining. Some decisions were victories for employees, and others were victories for employers. No matter the outcome, however, all the opinions continue … Continue reading

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Can Companies Use the Outside Sales Exemption During a Pandemic?

COVID-19 has altered the way nearly every employee performs their work. Videoconferencing and phone calls have largely replaced in-person visits and face-to-face meetings in many workplaces. By extension, many sales employees who used to visit customers in person now do … Continue reading

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President Trump’s Four Executive Actions Extend Certain Coronavirus Relief Programs, but Create Legal Uncertainty

On August 8, 2020, President Trump issued four executive actions–one executive order and three Presidential Memoranda–aimed at extending various coronavirus relief programs that have already expired, or are set to expire, in the absence of congressional action. These executive actions … Continue reading

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Court Rules That DOL Exceeds Authority in Its Coronavirus Paid Leave Regulations

On Monday, August 3, 2020, a federal judge in New York ruled that the U.S. Department of Labor (DOL) exceeded its authority by limiting employees’ eligibility for paid coronavirus leave under the Families First Coronavirus Response Act (FFCRA). While portions … Continue reading

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SBA Publishes PPP Flexibility Loan Forgiveness Interim Final Rule and Updated Applications

On June 19, the Small Business Administration (SBA) published an update to its Interim Final Rules (New IFR) to reflect changes to the Paycheck Protection Program (PPP) put in place under the new Paycheck Protection Program Flexibility Act of 2020 … Continue reading

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Modernizing the FLSA: DOL Gives the 7(i) Exemption a Makeover

Section 7(i) of the Fair Labor Standards Act (FLSA) provides an often overlooked, but useful, exemption to an employer’s overtime obligations for certain commission-based employees of retail and service establishments. However, to claim the exemption, employers must first determine: are … Continue reading

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Congress Adds More Flexibility to Paycheck Protection Program

On June 3, the United States Senate passed the “Paycheck Protection Program Flexibility Act” (Act), which is designed to create additional flexibility for borrowers under the terms of the Paycheck Protection Program (PPP). The Act previously passed the United States House … Continue reading

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SBA Publishes Loan Forgiveness Interim Final Rule

On May 22, the Small Business Administration published its long-awaited Interim Final Rule regarding loan forgiveness requirements (IFR) for the Paycheck Protection Program. The new IFR confirms several key terms included in the Loan Forgiveness Application and also provides some … Continue reading

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SBA Publishes Loan Forgiveness Application for Paycheck Protection Program

On May 15, the Small Business Administration (SBA) published its long-awaited Loan Forgiveness Application and Instructions for Borrowers (Application). The Application clarified certain forgiveness rules and calculations for the Paycheck Protection Program, although there remain several open issues that we expect … Continue reading

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Employees’ Refusal to Work Over Coronavirus Concerns

As a result of the COVID-19 pandemic, most businesses were faced with making difficult decisions regarding their workforce. The U.S. Bureau of Labor Statistics reported that, in April, the unemployment rate rose to 14.7 percent totaling 23.1 million unemployed. While the number … Continue reading

Posted in ADA, FMLA, NLRA, OSHA, Sick Leave, Snell & Wilmer, Whistleblower | Tagged , , , , , , , , , ,

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