Monthly Archives: December 2020

ILN Today Post

The Consolidated Appropriations Act and the impact on the Paycheck Protection Program:

Here we go again…

After months of negotiations, Congress finally passed the 2021 Consolidated Appropriations Act late Monday night. It is expected that the President will quickly sign the Act into law.

The act provides approximately $325 billion in business relief, including roughly $275 billion for another round of Paycheck Protection Program funding. The act also provides answers to questions regarding the first round of PPP loans that have so far gone unanswered.

While the act is extremely lengthy (5,593 pdf pages long), we have attempted to summarize the most important sections regarding the Paycheck Protection Program.

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ILN Today Post

FAQ: EEOC Issues Guidance for Employers Regarding COVID-19 Vaccinations

On December 16, 2020, the Equal Employment Opportunity Commission (EEOC) issued guidance regarding COVID-19 vaccinations in the workplace and how they may implicate the Americans with Disabilities Act (ADA) and other federal laws. In short, the ADA and related federal laws generally do not prohibit employers from requiring vaccines for their employees so long as the employer provides reasonable accommodations for disabilities and sincerely held religious beliefs. However, other laws may prohibit terminating the employment of an employee who refuses to get vaccinated.

Davis & Gilbert Labor & Employment attorneys Gregg Brochin and Sabrina Worthy summarize key questions and answers from the new EEOC guidance regarding COVID-19 vaccinations in the workplace. If you have additional questions, please contact any of the authors or the D&G attorney with whom you have regular contact. Read more…

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ILN Today Post

Congress reaches agreement on COVID-19 package breaking monthslong stalemate

Congressional lawmakers finally reached an agreement on a new $900 billion COVID-19 relief package during the evening of December 20. The feuding parties were forced to resume negotiations due to the looming expiration of several existing COVID-19 aid measures and a threatened government shutdown. Both Congressional chambers officially passed the Coronavirus Response and Relief Supplemental Appropriations Act on December 21, as part of the overarching $1.4 trillion spending package that will keep the government funded until September 2021. Read more…

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ILN Today Post

The Consolidated Appropriations Act and the impact on the Paycheck Protection Program: Here we go again…

After months of negotiations, Congress finally passed the 2021 Consolidated Appropriations Act late Monday night. It is expected that the President will quickly sign the act into law.

The act provides approximately $325 billion in business relief, including roughly $275 billion for another round of Paycheck Protection Program funding. The act also provides answers to questions regarding the first round of PPP loans that have so far gone unanswered.

While the act is extremely lengthy (5,593 pdf pages long), we have attempted to summarize the most important sections regarding the Paycheck Protection Program.   Read more…

Read full article
ILN Today Post

Due Diligence and Best Practices to Avoid Forced Labor in Supply Chains

The sad fact of forced labor in global supply chains cannot be denied. There are many indicators that forced labor is taking place, including restriction of movement and isolation, intimidation and violence, withholding of wages, retention of identification documents, reporting to immigration authorities, debt bondage, abusive working and living conditions, and excessive work schedules. Read more…

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Washington, D.C. Poised to Ban Most Non-Compete Agreements

Non-compete agreements may all but disappear from the Washington, D.C. employment landscape in 2021.  On December 15, 2020, the District of Columbia Council voted 12-0 to approve the Ban on Non-Compete Agreements Amendment Act of 2020 (B23-0494) (the “Bill”), which would prohibit the use and enforcement of non-compete agreements for all employees except certain highly paid physicians.  If enacted into law, Washington, D.C. will have adopted a much stricter policy than several other states  that have recently restricted the use of non-compete agreements—including its neighbors Maryland and Virginia.  The Bill is currently awaiting approval by the Mayor before, absent a veto, it is sent to Congress for the required 30-days of session Congressional review period.

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ILN Today Post

Ohio governor signs bill spearheaded by Senator Dolan, allowing “Benefit Corporations”

On Friday, December 18, Governor DeWine signed Senate Bill 21 (SB 21) into law to allow for-profit corporations to be classified as “benefit corporations.” SB 21 amends Ohio Corporation law, set forth in Revised Code 1701, to allow corporations and directors the flexibility to pursue beneficial activities in any area, such as arts, education, technology, ESG, and others. This is a change from general corporate law which creates fiduciary duties and potential liability to corporations and directors for pursuing missions that are not single-handedly aligned with corporate profits. Read more…

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Video: COVID-19 Vaccine Challenges in the Workplace – Employment Law This Week

As featured in #WorkforceWednesday: Employers considering mandatory COVID-19 vaccination programs need to address challenges. For example, how will your company handle reasonable accommodations or the potential risk of liability for health problems caused by employer-mandated vaccines? Read more.

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ILN Today Post

Can a bankruptcy court order rent abatement due to a pandemic? One (sympathetic) bankruptcy court says “No”

Pandemic-related case law of all stripes continues to work its way through the country’s federal and state court systems. Of interest to the franchise community or any business with a leased location is a recent bankruptcy court decision out of Houston, Texas. A judge sided with a group of landlords by denying a bankruptcy company’s motion seeking to abate rent for locations affected by government shutdown orders, finding that neither the Bankruptcy Code, the force majeure clauses of the leases, nor the doctrine of frustration supported the requested relief.  Read more…

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2021 Minimum Wage Increases Set to Take Effect

Many employers may be eager to put 2020 in the rearview mirror.  But before ringing in the New Year, employers should carefully evaluate whether they need to make any changes to their current practices to ensure that they remain in compliance with state and local laws, including those relating to minimum wage.

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