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FFCRA Update: Court Strikes Four Employer-Friendly Rules

On August 3, 2020, a federal court in New York struck four key Department of Labor (DOL) employer-friendly rules implementing the Families Firsts Coronavirus Response Act (FFCRA). Pursuant to the court’s ruling, more employees will be able to take…
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Treasury Releases Guidance on Temporary Deferral of Employee Payroll Taxes

On Friday, August 28, Treasury released Notice 2020-65, which provides guidance to employers that wish to implement President Trump’s Executive Order allowing a temporary deferral of employee-side Social Security taxes.
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What Does the Trump Order on Tax Deferrals Mean for Employers?

On August 8, 2020, President Trump issued an Executive Order directing Treasury Secretary Mnuchin to allow employers a temporary deferral on withholding, collecting, and remitting certain employment taxes. This is not a tax forgiveness, at least at…
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Oregon OSHA Releases Proposed Temporary Workplace Safety Rules for COVID-19

On August 17, 2020, Oregon OSHA released its draft temporary rules aimed at addressing the COVID-19 pandemic. Oregon OSHA will accept public comment on the proposed rules through Monday, September 7, and will implement the temporary rules – which…
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Court Decision Favors Businesses Claiming Insurance Coverage for COVID-Related Losses

Companies across the state, and around the country, have suffered significant loss of income due to interruptions to their business caused by the spread of COVID-19 and the ensuing government-ordered closures. These companies have been disappointed…
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Learning Pods as a Pandemic-Era Education Choice – Where to Start

It's a sad fact that many parents with school-aged children are living in a state of anxiety, whether they are preparing for a fall of remote learning or bracing themselves to send their children back to in-person school. A supportive and safe…
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How Employers Should Handle Political Speech in the Workplace

During this time when we are seeing protests related to Black Lives Matter and COVID-19, and as political campaigns start to heat up, it can be expected that employers will start to hear more discussion of a political nature in the workplace…
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PPP Loan Updates: EZ Forgiveness Application, Updated Guidance, and More

On June 17, 2020, the U.S. Small Business Administration (“SBA”) published an abbreviated “EZ” forgiveness application and accompanying instructions (“EZ Forgiveness Application”) for certain eligible borrowers under the Paycheck Protection Program…
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Trump Proclamation Suspends Entry of Certain Nonimmigrant Visa Applicants

On June 22, 2020, President Trump issued a Presidential Proclamation temporarily suspending entry into the United States of foreign nationals seeking certain nonimmigrant (temporary) work visas.
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PPP Update: Passage of Paycheck Protection Program Flexibility Act

On Wednesday, June 3, the Senate passed the Paycheck Protection Program Flexibility Act (“Flexibility Act”), a bill that loosens the restrictions for obtaining loan forgiveness under the Paycheck Protection Program (“PPP”). The bill passed by…
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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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