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In the Nick of Time: Department of Labor Issues Regulations Interpreting the Families First Coronavirus Response Act
Dykema, April 2020

On April 1, the DOL provided employers with further clarity on the FFCRA by publishing temporary regulations. These regulations will be effective from April 1, 2020, until December 31, 2020—the same effective period of the FFCRA. Also relevant to employers, the IRS issued guidance regarding the FFCRA tax credit...

SBA Issues Interim Final Rule for the Paycheck Protection Program
Dykema, April 2020

On April 2, 2020, the U.S. Small Business Administration (SBA) issued an interim final rule, providing additional guidance on the Paycheck Protection Program (PPP). Click here to read the full text of the Interim Final Rule. Here are some of the highlights of new and/or clarified information from the previous guidance issued by Treasury and SBA and the text of the CARES Act: Eligibility Only U.S...

Supplemental H-2B Rule Placed On Hold
Dykema, April 2020

The USCIS has announced, in a tweet, that its proposed rule that would have authorized up to 35,000 new H-2B visas has been placed on hold and no new visas will be issued due to the economic effects of the COVID-19 pandemic. The tweet states: To clear up various misreporting – DHS’s rule on the H-2B cap is on hold pending review due to present economic circumstances. No additional H-2B visas will be released until further notice...

Friday Deadline Looms for Pennsylvania Businesses Seeking Exemption from Shutdown Order
Spilman Thomas & Battle, PLLC, April 2020

According to the Pennsylvania Department of Community and Economic Development ("DCED"), Pennsylvania businesses have until 5 p.m. on Friday, April 3, 2020 to seek an exemption to Governor Wolf's order requiring "non-life sustaining businesses" to close physical locations. Businesses that do not file their exemption by the deadline may lose the opportunity entirely. The application can be found on the DCED’s website...

Food Law and Safety During COVID-19
Dykema, April 2020

The coronavirus pandemic has impacted the food industry, just as it has many others. The good news is that food-to-person transmission of the disease does not seem to be a risk. The challenge remains keeping workers safe from airborne and surface transmission. However, the FDA and the USDA have provided guidance and recommendations to food producers to deal with COVID-19, links to which have been provided below. The guidance focuses on stopping the person-to-person spread of the disease...

USCIS Extends Office Closures Until May 4, 2020
Dykema, April 2020

The USCIS has announced it will extend its suspension of in-person services at its field offices, asylum offices, and application support centers (ASCs) until May 4, 2020. It has also indicated it may extend these closures beyond that date if needed. USCIS will continue to provide limited emergency services during these closures...

Treasury Department Releases Preliminary PPP Guidance and Application
Dykema, April 2020

On March 31, 2020, the U.S. Department of the Treasury, which is supporting the U.S. Small Business Administration (SBA) in administering the Paycheck Protection Program (PPP), and SBA issued preliminary guidance on the program and made available the form of application...

Ministry of Economy Publishes Modifications to Mexican Official Standard NOM 051-SCFI/SAA1-2010, Which Sets Forth the Commercial and Sanitary Specifications Matters of Labeling for Pre-Packaged Food
Basham, Ringe y Correa, S.C., April 2020

Due to the reforms and additions to the General Health Act in matters of overweight, obesity and labeling of food and non-alcoholic beverages setting a frontal warning system, published in the Federal Official Gazette (DOF for its acronym in Spanish) on November 8, 2019; last March 27, 2020, the Ministry of Economy published, in the evening edition of the DOF, the Modification to Mexican Official Standard NOM-051-SCFI/SSA1-2010, General labeling specifications for pre-packaged food and non-alcoh

COFECE, Mexico´s Antitrust Regulatory Agency, Issues a Warning to the National Sugar And Alcohol Industry Trade Association (“CNIAA”) Due to an Increase in The Price of Alcohol and Its By-Products
Basham, Ringe y Correa, S.C., April 2020

On March 30, 2020, the Federal Economic Competition Commission (“COFECE” for its Spanish initials) issued a press release regarding a warning issued to the National Sugar and Alcohol Industry Trade Association (“CNIAA” for its Spanish initials) and several members of said industry group due to an increase in the price of pure alcohol, its-by-products, and some inputs used in its production, such as molasses...

Alberta Pauses Residential Evictions for Non-Payment and Prohibits Rent Increases and Late Payment Penalties During COVID-19 Pandemic
Lawson Lundell LLP, April 2020

 On March 27, 2020, the Government of Alberta announced new measures to address residential tenancy issues arising during and as a result of the COVID-19 pandemic. Max Carroll and Jeffrey Hernaez of our Vancouver office wrote yesterday about similar measures put in place in British Columbia...

OSHA Considerations and COVID-19
Spilman Thomas & Battle, PLLC, April 2020

Even though OSHA has advised that no specific standard covers the novel coronavirus, human resource and safety personnel must be mindful of the generally-applicable standards that might apply. In addition to recording requirements on OSHA 300 logs, there are five standards that merit particular attention in the COVID-19 context...

COVID-19 Labor and Employment Update (March 30, 2020)
Basham, Ringe y Correa, S.C., March 2020

In the evening edition of the Federation’s Official Gazette of March 30, 2020, the General Health Council issued a resolution by which declared the epidemic caused by CoV2 (COVID-19) as a sanitary emergency due to force majeure...

Treasury Amps Up the Relief in Notice 2020-20 for Gift and GST Taxes
Dykema, March 2020

On Friday, March 27, 2020, the U.S. Department of the Treasury issued Notice 2020-20, which postpones the filing and payment deadline for any taxpayer who is required to file Form 709 (U.S. Gift and Generation-Skipping Transfer Tax Return) or who has Federal gift or generation-skipping transfer tax payments due on April 15, 2020...

How Insurance Companies Failure to Exclude Business Interruption Losses Caused by COVID-19 Impacts your Coverage
Waller, March 2020

Commentators and lawyers continue to make blanket statements regarding lack of business interruption coverage for losses caused by the novel coronavirus (COVID-19). They contend that coronavirus-related losses cannot satisfy the “direct physical loss of or damage to [covered] property” language contained in many policies to trigger coverage in the first place...

Federal Reserve Policies in Response to COVID-19
Waller, March 2020

The Board of Governors of the Federal Reserve System (the “Fed”) has implemented monetary policy and federal programs in response to COVID-19. The policies and programs primarily affect financial institutions in the business of lending, but an understanding of the policies will aid all borrowers in knowing the constraints of their lenders and the process by which they will receive funds...

CMS Adopts Greater Regulatory Flexibility Amid COVID-19 Outbreak
Waller, March 2020

On March 30th, the Centers for Medicare and Medicaid Services (CMS) announced a number of regulatory reforms aimed at giving healthcare providers more tools to combat COVID-19...

Section 4003 of the CARES Act Emergency Relief and Taxpayer Protections
Waller, March 2020

Pursuant to the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), $500 billion of emergency relief has been allocated to be used at the discretion of the Secretary of the Treasury (the “Secretary”) to make loans, loan guarantees, and other investments in support of eligible businesses, states and municipalities...

Delayed Effective Date for Revised Control Framework Under BHC Act
Waller, March 2020

On March 31, the Federal Reserve Board announced that it will delay for six months the effective date (from April 1, 2020 to September 30, 2020) for its revised control framework for determining when a company controls a bank, and vice versa, for purposes of the Bank Holding Company Act (referred to as the “BHC Act”)...

CMS Adopts Geater Regulatory Flexibility Amid COVID-19 Outbreak
Waller, March 2020

On March 30th, the Centers for Medicare and Medicaid Services (CMS) announced a number of regulatory reforms aimed at giving healthcare providers more tools to combat COVID-19...

As Employers Work Towards Compliance, The Department of Labor Provides Third Guidance Regarding the Families First Coronavirus Relief Act
Dykema, March 2020

It seems the DOL has stopped sleeping these days, but that means more guidance for employers. In itsQs&As 38-59interpreting the Families First Coronavirus Relief Act (FFCRA), the DOL shed light on the small business exemption, employees who can be exempted for the FFCRA leave provisions, and the interplay of the FFCRA and the Family and Medical Leave Act (FMLA). The FFCRA takes effect on April 1, 2020, so this guidance is, in a word, timely. Here are some highlights...

State of Illinois and City of Chicago Offer Businesses Additional Coronavirus Relief as Loans and Grants
Dykema, March 2020

The Illinois Department of Commerce and Economic Opportunity (the Department) and the City of Chicago (the City) are providing emergency assistance for Illinois small businesses. These grants and loans are separate from incentives and programs being offered by the U.S. Small Business Administration. Information about the programs and how to apply is set forth below...

Michigan Income Tax Deadlines Postponed by Governor Whitmer’s Executive Order 2020-26
Dykema, March 2020

On Friday, March 27, 2020, Michigan Governor Gretchen Whitmer issued Executive Order 2020-26 (the “Order”), postponing tax filing and payment deadlines for Michigan taxpayers in order to grant some amount of relief to individuals and businesses amid the Coronavirus/COVID-19 crisis...

Updated Summary of the Paycheck Protection Program Established by the Coronavirus Aid, Relief, and Economic Security (CARES) Act
Dykema, March 2020

The CARES Act has now been passed by both the House and the Senate and signed into law by the President on March 27, 2020. One of the highlights of the CARES Act for small businesses is the establishment of the Paycheck Protection Program (PPP)...

A Guide to FEMA Public Assistance Amidst the COVID-19 Pandemic
Dykema, March 2020

Much like the Spring tornadoes that tear through the Midwest each year leaving damage in their wake, COVID-19 is silently tearing through the entire United States leaving a wake of destruction that has and will continue to affect state and local governmental entities for months, if not years, to come...

Competition Commission Policy During Sanitary Emergency
Basham, Ringe y Correa, S.C., March 2020

On March 27, 2020, the Federal Economic Competition Commission, Mexico’s antitrust regulatory agency, (“COFECE”, for its Spanish initials) issued a press release in relation to its stance in relation to the health emergency in Mexico...

 

 

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