The U.S. Equal Employment Opportunity Commission (EEOC) recently announced a six-month pilot program that will greatly expand not only the number of charges that are eligible for mediation, but also the time period in which mediations will be allowed. The ACT (Access, Categories, Time) mediation pilot began on July 6, 2020, and was implemented as an effort to […]
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The summer edition of Snell & Wilmer’s Under Construction newsletter is out now! This issue addresses: Recovering Construction Costs For A Virus Outbreak – Shifting the Risk for Unforeseen Epidemic Costs Was Not Allowed; Delay and Disruption Claims in the Time of COVID-19; New Consensus Contract Template Offers Lean Practices to Enhance Design-Build Project Delivery; […]
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On June 19, the Small Business Administration (SBA) published an update to its Interim Final Rules (New IFR) to reflect changes to the Paycheck Protection Program (PPP) put in place under the new Paycheck Protection Program Flexibility Act of 2020 (Flexibility Act). In addition, the SBA provided a new PPP Loan Forgiveness Application and Instructions as […]
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President Trump’s Proclamation suspending the entry of foreign nationals on certain employment based nonimmigrant visas into the United States takes effect at 12:01 EST on June 24, 2020. The Proclamation suspends the issuance of visas for those in the following non-immigrants categories: H-1B (specialty occupation), H-2B (non-agricultural workers), J (exchange visitors) and L (intra-company transferees). […]
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Section 7(i) of the Fair Labor Standards Act (FLSA) provides an often overlooked, but useful, exemption to an employer’s overtime obligations for certain commission-based employees of retail and service establishments. However, to claim the exemption, employers must first determine: are they a “retail or service establishment?” Click here to continue reading.
Courts have struggled to uniformly decide whether Title VII of the Civil Rights Act of 1964, which makes it unlawful for employers to discriminate because of a person’s “sex,” protects employees from discrimination based on their sexual orientation or transgender status. Specifically, courts have not consistently interpreted Title VII’s prohibition on discrimination “because of . […]
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The EEOC has once again updated its COVID-19 guidance. Here is a quick summary of the new questions and responses: D.13. Is an employee entitled to an accommodation under the ADA in order to avoid exposing a family member who is at higher risk of severe illness from COVID-19 due to an underlying medical condition? […]
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On June 3, the United States Senate passed the “Paycheck Protection Program Flexibility Act” (Act), which is designed to create additional flexibility for borrowers under the terms of the Paycheck Protection Program (PPP). The Act previously passed the United States House of Representatives and now heads to the President for signature, which is expected in the […]
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On May 22, the Small Business Administration published its long-awaited Interim Final Rule regarding loan forgiveness requirements (IFR) for the Paycheck Protection Program. The new IFR confirms several key terms included in the Loan Forgiveness Application and also provides some additional guidance. Click here for a summary of the forgiveness guidance as set forth in […]
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On May 15, the Small Business Administration (SBA) published its long-awaited Loan Forgiveness Application and Instructions for Borrowers (Application). The Application clarified certain forgiveness rules and calculations for the Paycheck Protection Program, although there remain several open issues that we expect the SBA to continue to clarify through an additional Interim Final Rule and FAQs. Click here […]
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