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Reopening the Pacific Northwest: A Checklist for Employers

With Governors Brown and Inslee announcing their respective phased approaches to reopening the Oregon and Washington economies, employers need to start planning for how they will resume operations in a safe and legally-compliant manner given the…
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Market Conditions in Oregon and Washington Evidencing Uncertainty for PPP Loan Certification

In its continuously updated FAQ Guidance, the Small Business Administration (“SBA”) has advised that it will review the individual loan files for businesses that have received a Paycheck Protection Program (“PPP”) loan of more than $2 million (see…
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SBA Allows Some Borrowers to Increase PPP Loan Amounts, but You Must Act Fast!

On May 13, 2020, the Small Business Administration (“SBA”) published an interim final rule (“IFR”) allowing certain partnerships that applied for Paycheck Protection Program (“PPP”) loans but did not include partner income in “payroll costs” to amend…
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Was My PPP Loan "Necessary"? Updated SBA Guidance on Loan Certification

Over the past few weeks, many of our clients who have received Paycheck Protection Program (“PPP”) loans have expressed concern about whether they had adequate basis to certify that their PPP loan request was necessary to support ongoing business…
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New DOL Guidance on Joint Employers, Summer School Closures, and Domestic Workers

The Department of Labor released new Q&A guidance regarding the Families First Coronavirus Response Act (FFCRA). Among other things, the guidance provides new insight on various coverage issues relating to whether domestic service workers are covered…
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4 Ways PPP Loan Forgiveness Can Be Reduced

Reducing Employee Headcount – If the average number of a borrower’s full-time equivalent (FTE) employees during the eight-week period following origination is reduced compared to a pre-crisis comparison period, then the forgivable amount of your loan…
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Governor Releases Phase One Reopening Guidance for Oregon Employers

On May 7, 2020, Governor Brown and the Oregon Health Authority (OHA) released a series of guidelines and resources concerning the prerequisites to “Reopen Oregon.” Among the guidelines, and of immediate interest to many Oregon employers, is the…
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5 Practical Tips for Maximizing Forgiveness of Your PPP Loan

1. Designate a PPP Point Person: Someone internal to your organization should have a good handle on the rules for forgiveness. The rules are complicated, and they could shift before you apply for forgiveness, so it’s a good idea to have a specific…
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PPP Loan Certification Guidance – Should I Give the Money Back?

Over the past week, many clients who have received Paycheck Protection Program (“PPP”) loans have inquired about whether (a) they satisfy the PPP loan certification requirements following provision of additional guidance from the Small Business…
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Earn-OUCH: Post-M&A Transaction Earn-Outs in Light of COVID-19

Often, the parties in a business sale will designate a portion of the purchase price to be paid out over time or otherwise made contingent on the performance of the business after the transaction is complete. An earn-out can be one of the most…
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To Be or Not to Be a Deductible – That Is the Current PPP Question

Now that Paycheck Protection Program (PPP) funds are landing in business accounts, it’s time to dig into how PPP loan forgiveness is taxed. Tonkon Torp attorneys have detailed how PPP loans work at our firm’s COVID-19 Resources page, but in short…
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FAQ: COVID-19 Impact & Financial Resources for Businesses

s businesses are required to remain shut down as a result of the COVID-19 pandemic, access to capital resources continues to be a pressing issue for our clients. This FAQ addresses many questions that businesses may have about governmental programs…
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Further DOL Guidance on Interaction Between EPSL, EFMLA, and Employer-Provided Leave

On April 20, 2020, the Department of Labor (DOL) released further Q&A guidance (questions 80-88) regarding the Families First Coronavirus Response Act (FFCRA).
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Trump Proclamation Suspends Entry of Immigrant Visa Applicants Into U.S. for 60 Days

On April 22, 2020, President Trump issued a Presidential Proclamation temporarily suspending entry into the United States of certain foreign nationals outside the United States seeking immigrant visas. The Proclamation has several exceptions, and…
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Hemp and the Pitfalls of the USDA’s Interim Final Rule

Despite regulatory uncertainty and increased competition, we continue to see explosive growth in the amount of hemp production in the United States, with the amount of total acreage increasing by approximately 550% since the passage of the 2018 Farm…
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Tips on Looking for Funding for Your Cannabis Company

Funding a business with startup or growth capital is a universal challenge, but cannabis businesses face at least one unique hurdle in the continuing federal illegality of the industry. Aside from the difficulty in accessing banking resources…
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DOL Issues Corrections to FFCRA Regulations

The Department of Labor ("DOL") issued corrections to the regulations implementing the Families First Coronavirus Response Act. While most of DOL’s corrections are technical, one of them is significant and clarifies whether employers can require…
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Business Interruption Insurance and COVID-19: Tender Your Claim

Now that many businesses have been shut down for weeks as a result of the COVID-19 virus, there have been a number of important developments affecting the availability of business interruption insurance to help mitigate the losses experienced as a…
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Pre-Employment Drug Screening Policies Are Changing for Oregon Employers

While the use of cannabis is still illegal at the federal level, 33 states now allow medical use and 11 of those states and Washington, D.C. have also legalized recreational use.
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OSHA Issues Guidance on COVID-19 Recordkeeping, Work-Relatedness Determinations

Recognizing the difficulty in assessing whether an employee contracted COVID-19 at work, OSHA released interim guidance on April 10, 2020 for how it will enforce its recordkeeping requirements. This guidance should be of interest to employers who are…
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