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Tag: covid19
Dykema | October 2020

On October 2, 2020, the Michigan Supreme Court issued its opinion inIn re Certified Questions,Docket No. 161492, which essentially eliminated the Governor’s authority to issue any executive orders related to COVID-19 after April 30, 2020 ...

Dykema | February 2021

The 2021 tax assessment of real and personal property will be determined by local Assessors in February, at which time a Notice of Assessment will be issued and mailed to property owners. Property owners should make sure to check the mail for a copy of the Notice in order to determine whether an appeal of their taxable value should be filed ...

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 ...

Dykema | February 2021

In January 2021, the U.S. Dept. of Justice (DOJ) announced $2.2 billion in False Claims Act (FCA) recoveries for fiscal year 2020, which ended on September 30.[1] Although this amount is substantial, it nonetheless represents the smallest recovery figure in 10 years. These figures reflect the Trump administration’s unaggressive enforcement efforts and its restrictive view of the FCA. As recently as 2016, FCA recovery exceeded $4.5 billion. Recoveries in 2019 were $3 ...

Dykema | March 2020

In Michigan, additional coronavirus relief resources are available through the Michigan Small Business Relief Program established by the Michigan Strategic Fund (MSF) and administered by the Michigan Economic Development Corporation (MEDC) as either loans or grants. Separately from relief offered by the U.S ...

Dykema | August 2020

On Monday, August 3, 2020, a New York federal judge issued a decision invalidating portions of the DOL’s regulations implementing the Families First Coronavirus Relief Act (“FFCRA”). The decision’s impact changes the legal landscape employers confront as they strive to comply with the FFCRA—a landscape that is unstable as the DOL and the courts sort out the legality of the disputed regulations ...

Dykema | March 2020

With many companies facing increased teleworking, supply chain issues, or health uncertainties because of COVID-19, your corporate documents and policies must be ready to address potential issues that arise ...

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 ...

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) ...

Dykema | March 2020

The coronavirus disease continues to cause headaches for businesses all over the globe. Travel restrictions are leading to cancellations of small meetings and large-scale conferences; factory shutdowns are causing massive supply shortages; employees are being told to stay home from work. Whatever challenges you face in these uncertain times, it is important to remember that your business is not immune from government scrutiny ...

Dykema | April 2020

On March 27, 2019, the Coronavirus Aid, Relief, and Economic Security Act (the “Act”) was signed by President Trump. The Act provides significant relief for employee benefit plan participants and includes both required and discretionary changes. Plan sponsors should immediately review their benefit plans to ensure that amendments are properly and timely implemented to ensure that their plans continue to operate in accordance with applicable law ...

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 ...

Dykema | December 2020

The emergence of COVID-19 has changed the workplace as we once knew it. California employers need to be prepared for unprecedented compliance challenges in recent legislation related to the ongoing pandemic, expanding leave protections, wage and hour compliance risks, and much more. Employers will need to review and adapt their policies and procedures in order to keep up in the coming year with California’s ever-changing employment laws ...

Dykema | April 2020

Insight on Eligibility and Requirements for Obtaining Financial Assistance For Mid-Sized Companies and Eligible Businesses (other than Air Carriers and Businesses Critical to MaintainingNational Security) The Coronavirus Aid, Relief and Economic Security Act (“CARES Act”) provides for various loans, loan guaranties and other forms of financial assistance to U.S. businesses both small and large and in specific industries and sectors ...

Dykema | January 2021

The United States’ Centers for Disease Control and Prevention (CDC) has issued an order that will take effect on January 26, 2021, requiring all arriving international airline passengers to provide proof of a negative COVID test taken within three days of the flight’s foreign departure. For those who have had it, the CDC will require proof of recovery ...

Dykema | June 2020

Through the recently issued Paycheck Protection Program (PPP) Loan Forgiveness Application and Interim Final Rule on Loan Forgiveness, the Small Business Association (SBA) has once again demonstrated that the contours and requirements of the PPP program are constantly evolving. The SBA’s recent Interim Final Rule on SBA Loan Review Procedures provides some insights on how the SBA will enforce PPP qualification and forgiveness requirements ...

Dykema | April 2020

As all lenders know by now, the Coronavirus Aid, Relief, and Economic Security Act’s (“CARES Act”) guaranteed Paycheck Protection Program (“PPP”) loans are the key piece of economic relief for small businesses during the COVID-19 crisis ...

Dykema | March 2020

We regularly work with financial institutions to navigate the challenges of implementing, maintaining, and using security procedures for commercial customers’ use of treasury management services. Security procedures are an integral part of the relationship between the financial institution and its commercial customers ...

Dykema | February 2021

The de novo medical device process is a little-used but potentially valuable means of securing approval for your medical device. The pathway was established in 1997 subject to the Federal Food Drug & Cosmetic Act, Section 513 (f) (2). It was designed to employ a risk-based strategy for novel devices that have not yet been classified. Basically, it establishes a new device type including classification, regulation, appropriate controls and product code ...

Dykema | March 2020

Households and businesses across the country continue to take safety precautions in response to the COVID-19 pandemic. At the same time, the federal government is preparing an unprecedented federal response to the health, safety and economic challenges. In the coming weeks, we expect a wide variety of private businesses to partner with federal agencies and receive funds to address the health crisis ...

Dykema | March 2020

Gilda Radner’s character Rosanne Rosannadanna always ended her routines on Saturday Night live by saying, “It’s always something.” She might well have been talking about COVID-19, the effects of which are just beginning to be felt throughout the world. Schools are closed, supply chains may be cracked, travel is slowing and events are being postponed or canceled outright, with more impacts probably to come ...

Dykema | March 2020

Federal authorities have recently issued a large number of new policies, guidance, etc., in response to the coronavirus pandemic. These include the following: Flexibility in Submitting Required Signatures on Applications The USCIS has announced it will accept application forms with reproduced original signatures ...

Dykema | March 2020

Coronavirus Disease (COVID-19) is affecting companies across the nation and around the world in a variety of ways. Dykema is closely monitoring the legal ramifications of the crisis and evaluating the potential impact on businesses in a wide variety of industries ...

Dykema | April 2020

On March 27, 2020, the U.S. Court of Appeals for the District of Columbia addressed the question of discovery costs in a long-running False Claims Act case,U.S. ex rel. Barko v. Halliburton (No. 19-7064, March 2020) (“Barko”). In Barko, a former employee claimed that an affiliate of Halliburton, Kellogg Brown & Root Services (KBR), inflated costs and received kickbacks from subcontractors during the Iraq war during the early to mid-2000s ...

Dykema | April 2020

Even though the COVID-19 crisis has shuttered many government and commercial activities, the nation’s antitrust regulators are still very much open for business ...

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