The Parliamentarian Has Spoken: Minimum Wage Can’t Be Raised Through Reconciliation. At this point, readers of this newsletter are assuredly aware of the substantive contours and the procedural hurdles Joe Biden’s COVID-19...more
The Fight For $1.9: Administration Remains Committed To Passing COVID-19 Legislation, Even Without Republican Backing. Unlike previous updates on the “will they won’t they” back-and-forth of COVID-19 / Stimulus Legislation...more
This Space – For Now – Will Continue To Summarize Congress’ COVID-19 Stimulus Attempts. To that end, before he was sworn in by the Chief Justice, President Biden released the contours of a $1.9 Trillion legislative package...more
A Tribute To The Late, Incomparably Great, Justice Ruth Bader Ginsburg. Exactly two weeks to the day, the Country began collective mourning over the loss of one of the greatest jurisprudential minds in a century. Justice...more
10/5/2020
/ Civil Rights Act ,
Coronavirus/COVID-19 ,
Department of Homeland Security (DHS) ,
Department of Labor (DOL) ,
Dukes v Wal-Mart ,
Epic Systems Corp v Lewis ,
Financial Stimulus ,
Gig Economy ,
Government Shutdown ,
Governor Newsom ,
H-1B ,
H-2B ,
Independent Contractors ,
Infectious Diseases ,
J-1 Visas ,
L-1 Visas ,
Legislative Agendas ,
Paid Leave ,
Preliminary Injunctions ,
Ruth Bader Ginsberg ,
SCOTUS ,
Sex Discrimination ,
Sexual Harassment ,
Title VII ,
Trump Administration ,
Vance v. Ball State University ,
Visas ,
Women in the Law
Additional Stimulus Negotiations — Along With A Long-Awaited Federal Liability Shield — Are Going Nowhere, Fast. The negotiations for a new stimulus before August failed. The stakeholders promised a negotiated stimulus...more
9/8/2020
/ Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Eviction ,
Families First Coronavirus Response Act (FFCRA) ,
Financial Stimulus ,
Lactation Accommodation ,
Legislative Agendas ,
Paid Sick Leave ,
Paid Time Off (PTO) ,
Payroll Taxes ,
Relief Measures ,
Social Security Taxes ,
Trump Administration ,
Undocumented Immigrants
Despite Big SCOTUS Win For Dreamers, President Trump Continues to Restrict Immigration Through Executive Action. As we noted here, just last week, SCOTUS issued its opinion in Department of Homeland Security v. Regents of...more
6/29/2020
/ Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Disparate Impact ,
Fair Labor Standards Act (FLSA) ,
H-1B ,
H-2B ,
J-1 Visas ,
L-1 Visas ,
Legislative Agendas ,
Liquidated Damages ,
Non-Immigrant Visas ,
Pending Litigation ,
Personal Protective Equipment ,
Quarantine ,
Re-Opening Guidelines ,
Trump Administration ,
WARN Act
An Exercise in Listening: Bipartisan Effort to Revamp the PPP. As we have noted here, here, and here, the PPP is simultaneously the most used and the most contentious provision in the CARES Act. ...more
5/22/2020
/ Administrative Appointments ,
Bonuses ,
CARES Act ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Equal Employment Opportunity Commission (EEOC) ,
Essential Workers ,
FEMA ,
Good Faith ,
Legislative Agendas ,
NLRB ,
OSHA ,
Paycheck Protection Program (PPP) ,
Re-Opening Guidelines ,
Trump Administration
House Phase Four COVID-19 Relief Package Sheds Additional Light on Dem Priorities; Package Expected to Pass House Today on Partisan Basis. On Tuesday, Nancy Pelosi unveiled the details of a $3 trillion COVID-19 relief package...more
5/15/2020
/ Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Drug Testing ,
Families First Coronavirus Response Act (FFCRA) ,
Financial Stimulus ,
Hiring & Firing ,
Job Applicants ,
Legislative Agendas ,
Liability ,
Marijuana ,
Re-Opening Guidelines ,
Retailers
Administration Issues Meat-Packing Executive Order Falling Short of Original Plan. On April 28, President Trump issued an Executive Order entitled “Executive Order on Delegating Authority under the DPA with Respect to Food...more
5/4/2020
/ Agribusiness ,
COBRA ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Farm Animals ,
Food and Drug Administration (FDA) ,
Food Manufacturers ,
Food Supply ,
Health Insurance ,
Layoffs ,
OSHA ,
Poultry ,
Re-Opening Guidelines ,
Return-to-Work Agreements ,
Trump Administration ,
WARN Act ,
Workplace Safety
Congress Replenishes Paycheck Protection Program (PPP) Through its Phase Four Coronavirus Relief Package. On Tuesday, via unanimous consent, the Senate passed the Paycheck Protection Program Increase Act of 2020...more
4/23/2020
/ Banks ,
Business Closures ,
Business Interruption ,
CARES Act ,
Centers for Medicare & Medicaid Services (CMS) ,
Compliance ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Department of Labor (DOL) ,
Families First Coronavirus Response Act (FFCRA) ,
Federal Loans ,
Financial Stimulus ,
Health Care Providers ,
Healthcare ,
Lenders ,
Lending ,
Liquidity ,
Medicaid ,
Medicare ,
New York ,
Nonprofits ,
Paycheck Protection Program (PPP) ,
Payroll Taxes ,
Phase Four Coronavirus Relief Package ,
Relief Measures ,
SBA ,
SBA Lending Programs ,
Small Business ,
Tax Relief ,
Unemployment Insurance
Summary -
Late yesterday, the Senate passed the Paycheck Protection Program Increase Act of 2020. The measure appropriates a total of $484 billion, mainly to refund the Paycheck Protection Program (PPP), but also to provide...more
4/22/2020
/ Banks ,
Business Closures ,
Business Interruption ,
CARES Act ,
Centers for Medicare & Medicaid Services (CMS) ,
Compliance ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Department of Labor (DOL) ,
Families First Coronavirus Response Act (FFCRA) ,
Federal Loans ,
Financial Stimulus ,
Health Care Providers ,
Healthcare ,
Hospitals ,
Lenders ,
Lending ,
Liquidity ,
Medicaid ,
Medicare ,
New York ,
Nonprofits ,
Paycheck Protection Program (PPP) ,
Payroll Taxes ,
Phase Four Coronavirus Relief Package ,
Relief Measures ,
SBA ,
SBA Lending Programs ,
Small Business ,
Tax Relief ,
Unemployment Insurance
Department of Labor Issues Regulations on the Families First Coronavirus Response Act (FFCRA). On April 1, the Department of Labor issued final “temporary” regulations interpreting the requirements of the FFCRA. As indicated...more