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Return To Work Guide: An Employer’s Post-Pandemic Handbook
Dykema, May 2020

As many states and municipalities begin lifting stay at home orders and implementing steps for a phased reopening of businesses, employers should be developing a written “game plan” to minimize the risks of transitioning from a COVID-19 complete or partial shutdown to resumption of business as usual, or business in the post-Pandemic workplace...

PPP Loan Forgiveness Application: Key Observations
Dykema, May 2020

The SBA, in consultation with the U.S. Department of Treasury, issued the Paycheck Protection Program Loan ForgivenessApplicationand related instructions on May 15, 2020. While the application and instructions answer many of our questions about PPP loan forgiveness, it leaves many others open. Treasury has promised that the SBA also will soon issue regulations and guidance that we hope will address these questions...

Still Time to Appeal: Executive Order and Bills Aim to Extend Property Tax Assessment Appeal Dates in Michigan and Provide Additional Tax Relief in Illinois
Dykema, May 2020

The 2020 appeal season is moving and changing quickly, so be sure to not miss any filing deadlines. The deadline for filing petitions with the Michigan Tax Tribunal is set by statute as May 31. On May 14, 2020, Michigan Governor Gretchen Whitmer issued Executive Order 2020-87 (the “Order”), to extend the deadline to protest 2020 property tax assessments to grant some amount of relief to individuals and businesses amid the coronavirus/COVID-19 crisis...

Employer Considerations for Employee Return to Work
Dykema, May 2020

Dykema’s Labor & Employment Practice Group created a Q&A overview addressing best practices for employers to consider when businesses return to work. The document discusses frequently asked questions concerning employer recalls, pay and benefits, medical documentation, personal protective equipment (PPE) requirements, and more...

Michigan’s New COVID-19 Workplace Safety Rules: Enforcement of Regulatory Compliance May Increase – Is Your Business Compliant?
Dykema, May 2020

As more and more of Michigan’s economy is being reopened, Governor Whitmer set forth required workplace safeguards in a separate and standalone executive order. Executive Order No...

USCIS Proposes 10% Surcharge on Filing Fees
Dykema, May 2020

The USCIS on Friday, May 15, sent a request to Congress for $1.2 billion in emergency funding, proposing to pay it back with a 10% surcharge on application filing fees. The immigration service is entirely funded by these filing fees and has seen a significant drop in applications due to the coronavirus pandemic. It said in the statement it expects a 61% drop in revenue through the end of the fiscal year...

Is Your Business Ready to Reopen? Five Regulatory Items You Should Consider as Your Business Reopens in Michigan
Dykema, May 2020

Phased reopening of the economy is beginning all over the country. Unfortunately, there is no consistent or uniform way in which reopening is being handled. Every business should closely review not only state-level restrictions as they reopen but also local-level restrictions and federal guidance as well. Compliance with these requirements is not only important from a regulatory standpoint but also may help limit liability...

IRS Updates Guidance on Employee Retention Credits – What Employers Need To Know
Dykema, May 2020

On April 29, 2020, the Internal Revenue Service (“IRS”) issued updated guidance in the form of 94 Frequently Asked Questions (“FAQs”) in connection with the employee retention credits (“ERC” or “credits”) which are available to eligible employers pursuant to Section 2301 of the Coronavirus Aid, Relief and Economic Recovery Act, Pub. L. No. 116-136 (“CARES Act”)...

Bringing Employees Back to Work Post-COVID-19: What Is Michigan’s Work Share Program and Should Employers Take Advantage of It?
Dykema, May 2020

As Michigan employers begin to think about how many employees to bring back to work, one option to consider is Michigan’s Work Share program, whereby total work hours are spread across a large group of employees as opposed to having fewer employees return to work on a full-time basis...

Automotive Manufacturing Workers Allowed to Resume Work Next Week in Michigan
Dykema, May 2020

Michigan Governor Whitmer signed Executive Order 2020-77 today, permitting manufacturing workers to resume work as part of the MI Safe Start Plan. Manufacturing workers, including workers in the automotive industry, are allowed to resume work on May 11, 2020, one week ahead of the planned restart date of certain Michigan automakers. See Executive Order No. 2020-77, Section 10(k)...

Paycheck Protection Program Loan Forgiveness Not Impacted by Employees Who Won’t Return to Work, If Properly Documented
Dykema, May 2020

As borrowers use their loan proceeds from the Paycheck Protection Program (PPP) to continue or restore payroll and call back laid-off employees, they may encounter reluctance or refusal by employees to return to work, which could impede borrower’s ability to obtain full forgiveness on their PPP loan...

Dykema Real Estate and Tax Alert: 2020 Tax Appeal Season Is Upon Us, and Deadlines Are Quickly Approaching
Dykema, May 2020

Deadline to File Appeal With the Michigan Tax Tribunal Is Quickly Approaching The deadline for filing petitions for new 2020 tax appeals with the Michigan Tax Tribunal is May 31, 2020...

Life After Coronavirus: New Challenges for New Mobility Services
Dykema, May 2020

While the coronavirus has sent shockwaves through every service sector, the impact on the transportation industry has been especially severe. Automotive plants have shut down, new car sales have plummeted, and Uber and Lyft have reduced their workforce as social distancing has drastically reduced the demand for ride-hailing. In a world where stay-at-home orders are the norm, all forms of mobility have seen an abrupt decline and the entire transportation economy has suffered...

Federal Reserve Updates and Expands Loan Options of Main Street Lending Program
Dykema, May 2020

On April 30, 2020, in response to public input, the Federal Reserve Board announced it is expanding the loan options available to businesses under the Main Street Lending Program and published a related FAQ...

Expenses Paid by PPP Loan, Which Is Subsequently Forgiven, Are Not Deductible
Dykema, May 2020

On April 30, 2020, the Internal Revenue Service (“IRS”) issued Notice 2020-32, 2020-21 I.R.B. 1, providing guidance on the deductibility of certain expenses incurred pursuant to the Paycheck Protection Program (“PPP”) of the Coronavirus Aid, Relief and Economic Security Act, Pub. L. No. 116-135 (“CARES Act”)...

Easing of Restrictions on Michigan Construction Industry to Go Into Effect on May 7, 2020
Dykema, May 2020

The fight against COVID-19 has had a serious impact on businesses across the nation, and the construction industry is no exception. May 1, 2020, marked a step toward a new normal as Michigan Governor Gretchen Whitmer signed Executive Order 2020-70 easing restrictions on construction projects. The Governor’s office also issued a press release explaining how the Order applies to work on construction projects...

Modified Net Operating Loss Rules — Taxpayer Considerations
Dykema, May 2020

The Coronavirus Aid, Relief, and Economic Security Act of March 27, 2020, (“CARES Act”) amended Section 172 of the Internal Revenue Code of 1986 (the “Code”) with respect to net operating losses (“NOL”) arising in 2018, 2019 and 2020 by restoring some of the favorable provisions applicable to NOLs prior to the enactment of the Tax Cuts and Jobs Act of 2017 (“TCJA”)...

New Version of I-9 Required as of May 1, 2020
Dykema, April 2020

Dykema would like to remind U.S. employers that they must use the October 21, 2019, version of the I-9 Employment Eligibility Verification form beginning May 1, 2020. Since January 31, 2020, employers were allowed to use either the July 17, 2017, or October 21, 2019, version of the form. These dates are indicated in mm/dd/yy format in its bottom left corner. The Form I-9 is used to confirm the identity and employment authorization of people hired as employees by U.S. employers...

Illinois Supreme Court Order Limits Freezes on Judgment Debtor Bank Accounts
Dykema, April 2020

As the need for consumer protections amidst the COVID-19 pandemic continues to grow, the Illinois Supreme Court is helping to provide those protections. In its latest move, the high court has ordered limits to freezes on personal bank accounts...

Supreme Court Holds Willfulness Not Required For Disgorgement of Profits From Trademark Infringement
Dykema, April 2020

The United States Supreme Court recently held that a plaintiff need not show that a defendant willfully infringed the plaintiff's trademark as a requirement for recovering the defendant’s profits.Romag Fasteners, Inc. v. Fossil Grp., Inc., No. 18-1233, 2020 U.S. LEXIS 2408, at *12-13 (U.S. Apr. 23, 2020). Romag Fasteners, Inc. sued Fossil, Inc...

IRS Issues Guidance for COVID-19 Related Mortgage Loan Forbearance and Modification
Dykema, April 2020

On April 13, 2020, the Internal Revenue Service (the “IRS”) issued Revenue Procedure 2020-26 (the “Revenue Procedure”) providing guidance to lenders and loan servicers offering relief to borrowers with federally-backed residential and multifamily mortgage loans, including relief mandated under the Coronavirus Aid, Relief, and Economic Security Act, Pub. L. No. 116-136 (the “CARES Act”), as well as similar state programs...

Paycheck Protection Program SBA FAQ 31 – What Does the “Necessity” Certification Mean Today?
Dykema, April 2020

In a turn of events, likely in response to the headlines relating to companies and others returning PPP loan proceeds, on April 23, 2020, the Small Business Administration (SBA) and Department of the Treasury updated the Paycheck Protection Program Loans Frequently Asked Questions to include Question 31, which has been seen by many as a change in eligibility. The CARES Act specifically suspended the SBA 7(a) loan program requirement that borrowers be unable to obtain credit elsewhere...

What Do Eased Restrictions of Michigan’s Reaffirmed Stay-At-Home Measures Mean for Your Business?
Dykema, April 2020

On April 24, 2020, Governor Whitmer reaffirmed the stay-at-home measures set forth in Executive Order 2020-42, amended the scope of that order, and extended the duration of such measures through May 15, 2020 (unless modified earlier). While many of the restrictions from her prior executive orders remain in place, Executive Order 2020-59 includes some easing of in-person operation restrictions as well as some corresponding requirements for those operations...

Industry-Specific Considerations for Energy Companies Contemplating PPP Loans
Dykema, April 2020

With an additional $310 billion in funding for the Paycheck Protection Program (PPP) signed into law, energy companies should consider applying for PPP loans in order to maintain daily operations during the COVID-19 crisis. Generally speaking, companies may receive a maximum loan amount of the lesser of two-and-a-half times their average monthly payroll costs, or $10 million...

Recent Supreme Court of Pennsylvania Ruling May Impact Interpretation of Force Majeure in Future COVID-19 Disputes
Dykema, April 2020

A recent decision by the Supreme Court of Pennsylvania concerning a challenge to Governor Tom Wolf’s executive order relating to COVID-19 could impact disputes nationwide that arise out of the pandemic and involve a determination of whether COVID-19 constitutes a “natural disaster” or other like term within the context of force majeure clauses. In its April 13, 2020, decision inFriends of Devito v...

 

 

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