Although the deadline for “incurring” CARES Act funds has passed, Alaska Native Corporations can still use CARES Act funds to pay for administrative and compliance related expenditures in 2022, including staff time spent administrating programs and CARES Act expenses incurred by December 31, 2022. According to U.S ...
For more than a century, since Winters v. United States, 207 U.S. 564 (1908), the Supreme Court has recognized that when the United States establishes a Native reservation, it impliedly reserves sufficient water rights to support that reservation. But many of these Winters rights, like those held by the Navajo Nation, remain unadjudicated and unquantified, creating uncertainty for junior right holders ...
On October 7, 2022, the White House released its National Strategy for the Arctic Region, further developing the federal government’s approach to the northernmost region, which is under intergovernmental purview. The document is an update to a policy released in 2013, and is intended to express the federal government’s “affirmative U.S ...
Unpacking the Economic Aid Act and American Rescue Plan Act: Consolidated First Draw PPP Interim Final Rule, New First Draw PPP Loans, and Increases to First Draw PPP Loans On January 6, 2021, the Small Business Administration (the “SBA”) and the Department of Treasury released an Interim Final Rule called “Business Loan Program Temporary Changes; Paycheck Protection Program as Amended by Economic Aid Act” (sometimes referred to as the “Consolidated First D
Update: On September 16, 2021, the Final Rule on Borrower Appeals of Final SBA Loan Review Decisions was posted and became effective on September 14, 2021 (the “Final Rule”). The Final Rule applies to all appealable final SBA loan review decisions under the PPP and applies to all appeals filed after the effective date and to those appeals filed before the effective date for which a notice and order has not been made ...
Knowing what to expect when going into the sale process and teaming up with experienced advisors is critical to making the sale of your business the crowning achievement of all of your hard work. This article discusses several steps in certain business sales, using a hypothetical company named ABC Manufacturing, and provides tips for success at each stage ...
In early 2020, most businesses found themselves unexpectedly pivoting their focus to unprecedented operational, workforce, supply chain, and legal changes in response to the COVID-19 pandemic. Businesses have had to prioritize those issues the past few years, and may not have had much, if any, time and resources available to devote to other non-pandemic-related employment law changes ...
Governor Inslee’s March 24, 2022 signing of House Bill 1329 marks the introduction of changes to the Open Public Meetings Act (OPMA), the focus of which concerns public meetings’ accessibility and participation in the same. While the majority of these changes take effect at the fast approaching date of June 9, 2022, the Governor’s signing immediately implemented others ...
Governor Inslee’s March 24, 2022 signing of House Bill 1329 marks the introduction of changes to the Open Public Meetings Act (OPMA), the focus of which concerns public meetings’ accessibility and participation in the same. While the majority of these changes take effect at the fast approaching date of June 9, 2022, the Governor’s signing immediately implemented others ...
On November 12, 2020, the Washington Supreme Court extended corporate attorney-client privilege protection to appropriate ex parte communications between defendant hospitals and their non-employee agents. The court’s decision in Hermanson v. MultiCare Health Sys., Inc ...
On November 5, 2020, the Washington Supreme Court altered a 60-year provision of Washington’s Minimum Wage Statute when it issued its decision in Martinez-Cuevas v. DeRuyter Brothers Dairy. The court held that the agricultural overtime exemption at RCW 49.46.130(2)(g), which exempted agricultural employers from paying overtime at a rate of 1.5 times the regularly hourly rate, violated article I, section 12 of the Washington State Constitution as applied to dairy workers ...
We previously provided an update regarding the enactment of a capital gains tax (the “Tax”) in the State of Washington (read about it here). In that article, we noted the Tax was subject to at least one lawsuit in Washington. That lawsuit resulted in the trial court striking down the Tax, which caused an appeal to the Washington State Supreme Court (the “Court”) ...
People hoping Washington would closely follow Oregon into the regulated use of psilocybin overseen by licensed practitioners faced a delay when a committee of the Washington legislature converted Senate Bill 5263 from legalizing psilocybin services to calling for more research. On March 7, 2023, the state senate passed the substitute version of SB 5263 with 41 votes for passage and 7 opposed ...
On January 27, 2022, Governor Jay Inslee signed two bills that delay implementation of the Washington Cares Act to July 1, 2023, including the 0.58% payroll tax, and provide additional exemptions from the program. The Act provides a long-term care benefit for Washington residents who pay into a long-term care fund as employees in the state via the payroll tax ...
Over the weekend, the Washington State Legislature passed a bill that would enact a tax on gains from the sale or exchange of certain capital assets ...
Over the weekend, the Washington State Legislature passed a bill that would enact a tax on gains from the sale or exchange of certain capital assets ...
“On the other side of a storm is the strength that comes from having navigated through it. Raise your sail and begin.” Gregory S. Williams Your business and employees have just experienced an extraordinary year. We have learned new ways of working, embraced new technology, and incorporated many new legal requirements, but most importantly, we have persevered ...
Despite their reputation, traditional defined benefit (pension) plans can be a valuable tool for small business succession planning. Defined benefit pension plans are often associated with unions and financial mismanagement resulting in severe underfunding and government bailouts. They are often viewed by many within the retirement plan industry itself as a relic ...
On January 19, 2023, the Federal Trade Commission (FTC) published its proposed rule barring most non-compete agreements that would apply to employees. We previously summarized the proposed rule here. The deadline for comments on the proposed rule is March 20, 2023. Comments can be submitted online at Regulations.gov or in writing to Federal Trade Commission, Office of the Secretary, 600 Pennsylvania Avenue NW, Suite CC-5610 (Annex C), Washington, DC 20580 ...
In Ultima Services Corporation v. U.S. Department of Agriculture et al., Case No. 2:20-CV-00041, Ultima Services Corporation filed suit in the U.S. District Court for the Eastern District of Tennessee (Greenville Division) challenging the constitutionality of the Small Business Administration’s 8(a) Business Development Program ...
There are several upcoming events and deadlines that are relevant to the Occupational Safety and Health Administration’s (“OSHA”) “large employer” emergency temporary standard (the “ETS”), which require businesses with 100 or more employees to adopt a policy that either (1) requires all employees to be vaccinated, unless otherwise entitled to a medical, disability, or religious accommodation, or (2) requires all unvaccinated employees to be maske
Horenstein Law Group of Vancouver is merging with Schwabe, Williamson & Wyatt’s Portland office, effective Wednesday. The combined offices will offer more real estate, land use and business services for Schwabe clients, as well as a “significant spectrum of business, employment, tax, intellectual property, data security for HLG clients, the two firms announced Wednesday ...
On January 28, 2022, the Small Business Administration announced that it had issued its Tribal Consultation Policy of 2022. In this policy, SBA stated that “it is the policy of the U.S ...
On December 14, 2021, Treasury issued an important update to its guidance on use of CARES Act funds. Currently, there is a deadline of December 31, 2021 to spend CARES Act funds on eligible expenses. While Congress is considering legislation that would extend that deadline to December 31, 2022, there is no assurance that legislation will pass ...
On January 6, 2022, the U.S. Department of the Treasury issued a final rule on the use of Coronavirus State & Local Fiscal Recovery Funds (SLFRF) provided to state, local, and tribal governments pursuant to the American Rescue Plan (ARP). While the final rule largely includes the eligible uses of SLFRF funds described in the interim rule issued in May of 2021, the Treasury expanded and provided more detail on eligible uses ...
