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In the Nick of Time: Department of Labor Issues Regulations Interpreting the Families First Coronavirus Response Act
Dykema, April 2020

On April 1, the DOL provided employers with further clarity on the FFCRA by publishing temporary regulations. These regulations will be effective from April 1, 2020, until December 31, 2020—the same effective period of the FFCRA. Also relevant to employers, the IRS issued guidance regarding the FFCRA tax credit...

SBA Issues Interim Final Rule for the Paycheck Protection Program
Dykema, April 2020

On April 2, 2020, the U.S. Small Business Administration (SBA) issued an interim final rule, providing additional guidance on the Paycheck Protection Program (PPP). Click here to read the full text of the Interim Final Rule. Here are some of the highlights of new and/or clarified information from the previous guidance issued by Treasury and SBA and the text of the CARES Act: Eligibility Only U.S...

Supplemental H-2B Rule Placed On Hold
Dykema, April 2020

The USCIS has announced, in a tweet, that its proposed rule that would have authorized up to 35,000 new H-2B visas has been placed on hold and no new visas will be issued due to the economic effects of the COVID-19 pandemic. The tweet states: To clear up various misreporting – DHS’s rule on the H-2B cap is on hold pending review due to present economic circumstances. No additional H-2B visas will be released until further notice...

USCIS Extends Office Closures Until May 4, 2020
Dykema, April 2020

The USCIS has announced it will extend its suspension of in-person services at its field offices, asylum offices, and application support centers (ASCs) until May 4, 2020. It has also indicated it may extend these closures beyond that date if needed. USCIS will continue to provide limited emergency services during these closures...

Food Law and Safety During COVID-19
Dykema, April 2020

The coronavirus pandemic has impacted the food industry, just as it has many others. The good news is that food-to-person transmission of the disease does not seem to be a risk. The challenge remains keeping workers safe from airborne and surface transmission. However, the FDA and the USDA have provided guidance and recommendations to food producers to deal with COVID-19, links to which have been provided below. The guidance focuses on stopping the person-to-person spread of the disease...

Treasury Department Releases Preliminary PPP Guidance and Application
Dykema, April 2020

On March 31, 2020, the U.S. Department of the Treasury, which is supporting the U.S. Small Business Administration (SBA) in administering the Paycheck Protection Program (PPP), and SBA issued preliminary guidance on the program and made available the form of application...

Treasury Amps Up the Relief in Notice 2020-20 for Gift and GST Taxes
Dykema, March 2020

On Friday, March 27, 2020, the U.S. Department of the Treasury issued Notice 2020-20, which postpones the filing and payment deadline for any taxpayer who is required to file Form 709 (U.S. Gift and Generation-Skipping Transfer Tax Return) or who has Federal gift or generation-skipping transfer tax payments due on April 15, 2020...

As Employers Work Towards Compliance, The Department of Labor Provides Third Guidance Regarding the Families First Coronavirus Relief Act
Dykema, March 2020

It seems the DOL has stopped sleeping these days, but that means more guidance for employers. In itsQs&As 38-59interpreting the Families First Coronavirus Relief Act (FFCRA), the DOL shed light on the small business exemption, employees who can be exempted for the FFCRA leave provisions, and the interplay of the FFCRA and the Family and Medical Leave Act (FMLA). The FFCRA takes effect on April 1, 2020, so this guidance is, in a word, timely. Here are some highlights...

State of Illinois and City of Chicago Offer Businesses Additional Coronavirus Relief as Loans and Grants
Dykema, March 2020

The Illinois Department of Commerce and Economic Opportunity (the Department) and the City of Chicago (the City) are providing emergency assistance for Illinois small businesses. These grants and loans are separate from incentives and programs being offered by the U.S. Small Business Administration. Information about the programs and how to apply is set forth below...

Michigan Income Tax Deadlines Postponed by Governor Whitmers Executive Order 2020-26
Dykema, March 2020

On Friday, March 27, 2020, Michigan Governor Gretchen Whitmer issued Executive Order 2020-26 (the “Order”), postponing tax filing and payment deadlines for Michigan taxpayers in order to grant some amount of relief to individuals and businesses amid the Coronavirus/COVID-19 crisis...

Updated Summary of the Paycheck Protection Program Established by the Coronavirus Aid, Relief, and Economic Security (CARES) Act
Dykema, March 2020

The CARES Act has now been passed by both the House and the Senate and signed into law by the President on March 27, 2020. One of the highlights of the CARES Act for small businesses is the establishment of the Paycheck Protection Program (PPP)...

A Guide to FEMA Public Assistance Amidst the COVID-19 Pandemic
Dykema, March 2020

Much like the Spring tornadoes that tear through the Midwest each year leaving damage in their wake, COVID-19 is silently tearing through the entire United States leaving a wake of destruction that has and will continue to affect state and local governmental entities for months, if not years, to come...

Leasing Considerations During COVID-19 Pandemic
Dykema, March 2020

The COVID-19 pandemic is having a wide-ranging impact on the U.S. real estate industry, particularly on the relationship between landlords and tenants. In order to better understand impending risks, both landlords and tenants should review their leases and insurance policies and consult real estate counsel before taking action. A sampling of leasing issues arising during the COVID-19 pandemic is set forth below...

Additional Coronavirus Relief Available to Michigan Businesses as Loans or Grants
Dykema, March 2020

In Michigan, additional coronavirus relief resources are available through the Michigan Small Business Relief Program established by the Michigan Strategic Fund (MSF) and administered by the Michigan Economic Development Corporation (MEDC) as either loans or grants. Separately from relief offered by the U.S...

Summary of the Employee Retention Credit Provision of the CARES Act (Section 2301)
Dykema, March 2020

On March 25, 2020, the U.S. Senate voted to approve the Coronavirus Aid, Relief, and Economic Securities (CARES) Act, an economic stimulus package addressing the impact of the COVID-19 pandemic (the “Act”). The U.S. House of Representatives is expected to approve the Act in its current form, with the President signing it into law shortly thereafter...

Food Law and Safety During COVID-19
Dykema, March 2020

The coronavirus pandemic has impacted the food industry, just as it has many others. The good news is that food-to-person transmission of the disease does not seem to be a risk. The challenge remains keeping workers safe from airborne and surface transmission. However, the FDA and the USDA have provided guidance and recommendations to food producers to deal with COVID-19, links to which have been provided below. The guidance focuses on stopping the person-to-person spread of the disease...

Employers Have Questions, the Department of Labor Has (Some) Answers: The DOL Provides its First Guidance Regarding the Families First Coronavirus Response Act
Dykema, March 2020

Late in the day on March 24, the DOL provided its first round of guidance regarding the Families First Coronavirus Response Act (FFCRA). While the guidanceprovides some clarity for employers, many important questions are left unanswered. When can employees take advantage of the benefits of the FFCRA? The FFCRA takes effect on April 1 and expires on December 31, 2020...

Dykema Provides Preliminary Advice While Awaiting Final Approval of the Coronavirus Aid, Relief, and Economic Security (CARES) Act
Dykema, March 2020

The CARES Act will establish the Paycheck Protection Program (PPP)...

SEC Extends Conditional Exemption From Reporting for Public Companies Affected by COVID-19 and Provides Disclosure Guidance
Dykema, March 2020

On March 25, 2020, the SEC issued an order granting temporary relief from the filing deadlines for certain SEC filings due between March 1, 2020, and July 1, 2020. This order supersedes the SEC’s March 4 order...

COVID-19 Quick Reference Guide State By State Treatment of Business Essentiality
Dykema, March 2020

Coronavirus Disease (COVID-19) is affecting companies across the nation and around the world in a variety of ways. Dykema is closely monitoring the legal ramifications of the crisis and evaluating the potential impact on businesses in a wide variety of industries...

Loan Modifications Related to COVID-19
Dykema, March 2020

On March 22, 2020, the Federal Reserve Board, the FDIC, the National Credit Union Administration, the Office of the Comptroller of Currency, the Consumer Financial Protection Bureau and state banking regulators (collectively, the “agencies”) published an interagency statement on loan modifications and reporting for financial institutions working with customers affected by COVID-19...

Question and Answer: Employee Benefits Triage Amid COVID-19
Dykema, March 2020

Dykema has launched a COVID-19 Resource Center to keep our clients up to date on the most recent legal, business and health guidance surrounding the novel coronavirus and how to navigate their businesses through uncertain times. Various firm practitioners are providing timely content that aims at providing guidance for employer’s current issues as well as those unforeseen items that have yet to arise...

COVID-19 Immigration Updates
Dykema, March 2020

Federal authorities have recently issued a large number of new policies, guidance, etc., in response to the coronavirus pandemic. These include the following: Flexibility in Submitting Required Signatures on Applications The USCIS has announced it will accept application forms with reproduced original signatures...

COVID-19 and the False Claims Act: Recipients of Federal Funds Need to Be Vigilant About Compliance
Dykema, March 2020

Households and businesses across the country continue to take safety precautions in response to the COVID-19 pandemic. At the same time, the federal government is preparing an unprecedented federal response to the health, safety and economic challenges. In the coming weeks, we expect a wide variety of private businesses to partner with federal agencies and receive funds to address the health crisis...

Second Dose of Medicine from Treasury for Coronavirus Relief
Dykema, March 2020

On Friday, March 20, 2020, the Department of the Treasury issued Notice 2020-18 (which supersedes Notice 2020-17 issued two days prior), postponing tax filing and payment deadlines for many taxpayers in order to grant some amount of relief to individuals and businesses amid the Coronavirus/COVID-19 crisis...

 

 

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