Legal Updates Archive

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.

If an employee contracts COVID-19, is he or she entitled to receive workers’ compensation benefits?

Minnesota’s Governor issued a stay-at-home Order on March 25, 2020, and then extended this order on April 8, 2020. How do I know if my employees are exempt from travel restrictions as critical sector employees under the stay-at-home Order?

The U.S. Patent and Trademark Office has issued Notice under the CARES Act to waive certain upcoming deadlines to keep applications pending until the COVID-19 disruption passes and applicants can resume normal commercial activities.

Since the passage of the Act, the Treasury Department and the SBA have issued some, albeit limited, guidance for lenders in the PPP application process. This article outlines general requirements for lenders under the CARES ACT with respect to PPP loans and addresses frequently asked questions.

SBA and the Department of the Treasury have published FAQs on the PPP, which they intend to update on a regular basis. Here are some key clarifications for borrowers as of April 7, 2020.

Can I deduct from, or reduce, the salary of an exempt employee without losing exempt status during these uncertain and unprecedented times?

How do the FFCRA Emergency Paid Sick Leave and Emergency Family Medical Leave Act provisions work together?

Mexico’s Ministry of Labor has announced that it will start inspecting businesses to verify compliance with the Ministry of Health’s stay-at-home order.

The staffing shortage faced by Minnesota's Community Residential Settings (CRS) has been exacerbated by the COVID-19 outbreak, making it even more challenging for CRSs to meet their staffing obligations.

Can an essential worker self-quarantine and refuse to come to work because they are afraid of contracting the virus?

Under what circumstances may a small employer who employs fewer than 50 employees be exempt from the leave provisions under the FFCRA?

An Interim Final Rule was released on April 2, 2020, that provides details regarding Paycheck Protection Program established by the Coronavirus Aid, Relief and Economic Security Act (CARES Act).

How are the leave payments taxed to the employee? What costs can be recouped through tax credits? How does an eligible employer claim the tax credit?

On April 1, 2020, the U.S. Department of Labor issued temporary regulations implementing the Families First Coronavirus Response Act (FFCRA). Here, we focus on some of the key areas addressed in the regulations and also on a number of open questions employers still face.

In light of the COVID-19 crisis, restaurants and businesses have shut down their operations. Tenants are struggling to pay their rent and landlords are left bearing the burden of vacancies and non-payment. Many property owners anticipate this will lead to a decrease in property values, and have already begun asking the question: Should I appeal my property taxes?

What is the difference between a furlough and a layoff and how do we know which term to use?

The Coronavirus Aid, Relief and Economic Security Act (CARES Act) recently passed by the U.S. Senate and House and signed by the President creates a specific loan program through the Small Business Administration to help small businesses retain employees and pay critical expenses in this challenging time.

The Minnesota Legislature has extended the deadline to file property tax appeals in connection with 2020 property taxes from April 30, 2020, to May 30, 2020, in response to the current COVID-19 pandemic and related “stay-at-home” directives by the CDC, local departments of health and state executive orders.

What is the process for obtaining the tax credit for COVID-19 related leave paid under the Families First Coronavirus Response Act (FFCRA)?

On March 31, 2020, Mexico’s Ministry of Health issued an order that may require most business operations in Mexico to shut down.

If the Coronavirus (COVID-19) has not yet affected your local construction projects, it will soon. How should you prepare for the potential impacts and damages?

The SEC issued an updated order regarding a temporary exemption from certain requirements of the Investment Advisers Act of 1940.

On March 27, 2020, the CARES Act was signed into law. There is a lot to digest and numerous sources of relief for businesses of all sizes, across a wide range of industries. This article highlights a few key sources of relief for our health care clients.

Under the CARES Act, borrowers with an HUD, Fannie Mae or Freddie Mac mortgage loan on a property with five or more residential units may be eligible for mortgage payment forbearance for a period of up to 90 days if they are experiencing financial hardship caused by the COVID-19 emergency.

I am a covered federal contractor/subcontractor subject to the various federal affirmative action laws. I heard there is an exemption from all OFCCP obligations, and my affirmative action plan year is coming to end. Do I need to update my affirmative action plans this year, or do I qualify for this exemption?

Executives and their companies facing a financial storm brought on by the pandemic can find themselves in an overwhelming spot. Fredrikson attorneys provide a next-steps checklist and wealth of resources to help weather the storm.

The CARES Act contains assistance for workers, families and businesses, support for the health care system to fight COVID-19, and programs to stabilize the economy and several provisions related to retirement plans and other employee benefit programs.

The CARES Act, signed into law on March 27, 2020, makes important changes to certain key tax provisions for businesses affected by COVID-19.

On March 27, 2020, the President signed the CARES Act—a $2 trillion emergency stimulus bill—intended to mitigate the economic impact of COVID-19. This article summarizes the provisions that most directly impact employers.

In response to the COVID-19 national emergency, many H-2A and H-2B employers may not be able to provide full-time employment pursuant to their filed H-2 petitions. This article provides advice concerning the three-fourths wage requirement regulation and the currently available guidance.

What do we need to know about the DOL’s Families First Act Model Notice and what do we need to do now?

The IRS announced on March 24 that it has indefinitely suspended nearly all functions and services requiring face-to-face contact with taxpayers.

Answers to frequently asked questions regarding the SBA Economic Injury Disaster Loans for small businesses impacted by COVID-19 in Minnesota, North Dakota and Iowa.

Minnesota Governor Tim Walz issued an emergency order on March 25, 2020, directing all persons living in Minnesota to stay at home as part of the state’s response to the COVID-19 pandemic. The order takes effect on Friday, March 27, 2020, at 11:59 p.m. and ends Friday, April 10, 2020, at 5:00 p.m.