UPDATE: President Trump signed this bill into law without changes on December 27, 2020.
Payroll Protection Program Update: Congress Passes Second Stimulus Bill Which Includes PPP Second Draw Loans
The CARES Act created the Paycheck Protection Program (“PPP”), which amended the Small Business Act (“SBA”) to provided short term loans to companies with fewer than 500 employees and other companies (such as those in the Accommodation and Food Services Industry). Such loans may be eligible for full forgiveness if used for payroll and other business expenses and all other statutory requirements are met. Now, Congress has passed a second Stimulus Bill called the Coronavirus Response and Relief Supplemental Appropriations Act which is on President Trump’s desk for signature. The bill, among other things, creates a second loan from the PPP called a PPP Second Draw Loan for smaller and harder-hit businesses. Below is an overview of the terms of the PPP Second Draw Loan.
NYC City Council Passes “Just Cause” and Other Restrictions Covering Employers in Fast Food Industry
On Friday, December 17, 2020, the NYC Council passed two bills that will end “at-will” employment for fast-food workers in New York City. The bills will take effect 180 days following Mayor de Blasio’s expected signing of bills. The bills may prove to be the proverbial “camel’s nose under the tent,” portending greater incursions into the traditional at-will principles that have defined New York’s public policy with respect to the employment relationship for well over a century.
Destiny Washington Selected to Profiles in Diversity Journal’s 2020 Black Leaders Worth Watching List
FordHarrison LLP, one of the country’s largest management-side labor and employment law firms, is pleased to announce that Destiny S. Washington, Counsel in the firm’s Atlanta, GA office, was featured in the inaugural 2020 Black Leaders Worth Watching Issue of Profiles in Diversity Journal.
EEOC Updates its Technical Assistance Q&A to Address the COVID-19 Vaccine
As the approvals of the COVID-19 vaccines are being announced, employers are faced with many questions about how to handle vaccine-related issues in the workplace. This week, the EEOC updated its What You Should Know About COVID 19 and the ADA, the Rehabilitation Act, and Other EEO Laws Technical Assistance Questions and Answers to include questions regarding the COVID-19 vaccine and the applicability of various federal employment laws including the ADA, the Rehabilitation Act, GINA, and Title VII.
It’s Not Too Late to Comply with Illinois’ Sexual Harassment Training Requirements
As of January 1, 2020, all Illinois employers are required to provide sexual harassment training to all employees on an annual basis. The initial deadline for compliance is December 31, 2020. Despite the COVID-19 pandemic, the Illinois Legislature has not extended this deadline. Therefore, employers who have not yet provided the mandated training to employees only have a few weeks left to comply. For more information on best practices for implementation of training, including defining who outside of Illinois must receive this training, please see our previous Alert.
Alyce Ogunsola and David Carson Join FordHarrison’s Atlanta Offices as Associates
FordHarrison LLP, one of the country’s largest management-side labor and employment law firms, is pleased to announce that Alyce B. Ogunsola has joined FordHarrison’s Atlanta office as a senior associate and David V. Carson has joined FordHarrison’s Atlanta office as an associate. Alyce comes to FordHarrison from Goodman McGuffey LLP and David was previously an Assistant Attorney General for the State of Georgia.
Jay R. Fries Named 2021 Maryland Super Lawyer
FordHarrison LLP, one of the country’s largest management-side labor and employment law firms, is pleased to announce that Jay R. Fries, Office Managing Partner of the firm’s Baltimore office, was selected as a 2021 Maryland Super Lawyer.
“FordHarrison Adds Veteran In-House Labor Atty In Nashville,” Law360
Mark H. Floyd was featured in the Law360 article, “FordHarrison Adds Veteran In-House Labor Atty In Nashville”. Welcome to the firm!
Mark Floyd Joins FordHarrison’s Nashville Office as Partner
FordHarrison LLP, one of the country’s largest management-side labor and employment law firms, is pleased to announce that Mark H. Floyd has joined the Nashville, TN office as partner.
Five FordHarrison Attorneys Named to the 2020 Mid-South Super Lawyers and Rising Stars Lists
FordHarrison LLP, one of the country’s largest management-side labor and employment law firms, is pleased to announce that six attorneys in the firm’s Tennessee offices have been selected for inclusion on the 2020 “Mid-South Super Lawyers” list or the 2020 “Mid-South Rising Stars” list by Super Lawyers magazine. Attorneys recognized as “Mid-South Super Lawyers” include Louis P. Britt III, Partner, Memphis; Mark E. Stamelos, Partner, Nashville; and Herbert E. Gerson, Partner – Senior Status, Memphis. Frank L. Day, Partner, Memphis and Russell W. Jackson, Partner, Memphis were named 2020 “Mid-South Rising Stars.”
California Safety Agency Approves Stringent COVID-19 Regulations
On November 18, 2020, the California’s Division of Occupational Safety and Health (“Cal OSHA”) proposed emergency regulations (Labor Code sections 3205, 3205.1, 3205.2, 3205.3 and 3205.4) to adopt new workplace protocols giving employers with more comprehensive guidelines to adequately and quickly enforce existing and modifying safety rules to COVID-19. The main requirements of the rules are that employers must implement an effective COVID-19 prevention program. Some of the new requirements include, but not are not limited to, an employer’s obligation to provide COVID-19 testing, face covers and personal protective equipment to its employees at no cost to them.
Two St. Louis Attorneys Named to 2020 Missouri Rising Stars List
FordHarrison LLP, one of the country’s largest management-side labor and employment law firms, is pleased to announce that Matthew B. Banocy and Jamie M. Westbrook, Counsels in the firm’s St. Louis office, were named to the 2020 Missouri Rising Stars list by Super Lawyers magazine.
The CROWN Act: Protecting Natural Hairstyles – A Root to End Overview for Employers on Hair Discrimination Laws
Many have said that the workplace tends to be society’s battlefield—where culture wars play out and emerging trends go up against long-established ones.
Passage of Proposition 22 Provides Independent Contractor Exemption for Uber, Lyft, and Other Online-Based Transportation Businesses
On November 3, 2020, California voters passed the long-awaited Proposition 22 (text available here), which exempts online-based transportation businesses from having to re-classify transportation drivers as employees. Therefore, these drivers will be exempt from the requirements of the California Labor Code, the Unemployment Insurance Code, and the Industrial Welfare Commission’s Wage Orders.
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