Legal Updates Archive

During the summer months, when school is not actually “closed,” is an eligible employee entitled to paid leave under the FFCRA if the employee needs to care for his/her child(ren) because the child(ren)’s summer programming has been cancelled?

How will employment decisions affect my company’s PPP loan forgiveness?

In a rare twist of political cooperation, a bipartisan group of U.S. senators has introduced legislation to allow federal income tax deduction of expenses paid with a forgiven Paycheck Protection Program (PPP) loan.

The COVID-19 pandemic has unquestionably revealed several deficiencies in the U.S. healthcare system, not the least of which is the immigration-based constraints placed on international physicians.

When will the Equal Employment Opportunity Commission (EEOC) website portals open for the required EEO-1, EEO-3 and EEO-5 workforce surveys?

I am concerned about legal claims from employees or their family members who may allege that the employee contracted COVID-19 at the workplace and then spread it to family members. Does an employer have the right to require employees to waive such claims as a condition of returning to work?

Are RIA firms required to disclose to clients a successful PPP loan application? One can imagine circumstances requiring disclosure, but what if the circumstances were different?

Can employers complete I-9 forms with expired List B documents during the COVID-19 pandemic?

Due to the COVID-19 National Emergency, the DOL and IRS recognize that it may be difficult for plan sponsors to comply with various pre-established deadlines imposed under ERISA and the Code, and that it may be difficult for participants and beneficiaries to timely exercise their rights.

On April 30, 2020, the Federal Reserve announced that it is expanding the scope and eligibility for its Main Street Lending Program, a lending program designed to ensure credit flows to small and mid-sized businesses during the coronavirus pandemic.

The U.S. Patent and Trademark Office (USPTO) has again extended the time to file certain patent and trademark-related documents and to pay certain fees.

What are some best practices for conducting employee screening in response to COVID-19?

How does Minnesota’s Second Return to Work Order for Non-Critical Sectors (Executive Order 20-48) issued on April 30, 2020, affect my business?

Please explain the intersection of FFCRA and the FLSA, which sets the federal wage and hour rules for employers. Specifically, does reducing an eligible exempt employee's salary to two-thirds their daily rate of pay, capped at $200, as allowed under FFCRA, put the employee’s exempt status at risk under the FLSA?

Under U.S. law, a brand cannot advertise that its products prevent, treat or cure human disease unless the brand possesses competent and reliable scientific evidence substantiating that the claim is true.

What kind of litigation will arise out of COVID-19, and what can employers do now to prepare?

President Trump recently signed into law a bill providing additional funding for the SBA’s 7(a) Paycheck Protection Program (PPP) after the initial PPP funding of $350 billion under the CARES Act was exhausted on April 16.

How does Minnesota’s Return to Work Order for Non-Critical Sectors (Executive Order 20-40) issued on April 23, 2020, affect my business?

Can employers provide tax-free financial assistance to their employees during the COVID-19 outbreak?

The COVID-19 pandemic is forcing employers to make changes to the terms and working conditions of their workforce. This Q&A assists employers in navigating changes in business practices during this challenging time.

As social distancing methods and shelter-in-place orders during the COVID-19 pandemic have prompted many across the country to work from home, businesses have begun to wonder about the nexus ramifications of their newly-expanded telecommuting arrangements.

Mexico’s Ministry of Health extended the suspension of all non-essential activities through May 30, 2020.

What are best practices when you are ready to recall furloughed employees?

Can a furloughed employee refuse to come back to work when recalled?

President Trump has tweeted his intention to issue an executive order banning immigration into the U.S. The key words here are “into the U.S.”

How can your company’s actions impact your nonimmigrant employees?

Many taxpayers are asking, “Has the deadline to pay Minnesota property taxes been extended in light of the COVID-19 pandemic?”

We have all heard that “possession is nine-tenths of the law,” but is that true?

My company was either ineligible for, or did not receive, a loan under the Small Business Administration’s Paycheck Protection Program (PPP). Is there other financial relief we may be overlooking under the CARES Act?

How do your PTO policies interact with furloughs, Emergency Paid Sick Leave (EPSL) and expanded FMLA (EFMLEA) under the Families First Coronavirus Response Act (FFCRA)?

How will the post-COVID workplace be affected by current work situations, and what should I do now to prepare?

Copyright law plays an important role in the sharing of creative content. Whether you are an employer, an educator or a creative professional, legal guidance can help you avoid unintentionally violating copyright law.

On April 9, 2020, the IRS issued IRS Notice 2020-23, amplifying the relief for taxpayers affected by COVID-19 previously set forth in IRS Notice 2020-2018 and IRS Notice 2020-20.

While we are still waiting for Treasury to issue additional guidance on loan forgiveness terms under the Paycheck Protection Program (PPP), here is what we know now.

Two recent cases concern USCIS interpretations of qualifications for H-1B specialty occupations.

Under what circumstances do I need to include a COVID-19 case as a recordable event for purposes of OSHA’s record-keeping requirements?

Many Minnesotans know that “maximum load per axle” signs have something to do with road restrictions, but most Minnesotans don’t have an understanding of what the phrase actually means.

Does a loan under the CARES Act loan program limit an employer’s right to oppose a union?

With the COVID-19 pandemic continuing to disrupt business operations, the Minnesota Department of Revenue on April 10, 2020, offered additional relief to those businesses with upcoming MinnesotaCare tax payment obligations.

The Main Street Lending Program Summary Chart details the key terms of the New Loan Facility and the Expanded Loan Facility, as described on the term sheets provided by the Federal Reserve on April 9, 2020.

Should I consider a short-time compensation or voluntary shared work program as an alternative to layoffs?

On April 9, 2020, in its latest response to the COVID-19 pandemic, the Minnesota Department of Revenue offered expanded relief for businesses impacted by Emergency Executive Order 20-04. The expanded relief measures extend the payment deadline associated with these returns to May 20, 2020.