FRIDAY FLURRY: UPDATES ON NEWS FROM THIS WEEK

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Flexibility of IRS Form I-9 Requirements Extended for 30 Days  By: The Saqui Law Group and Christina Anton On May 15, 2020, U.S. Immigration and Customs Enforcement (“ICE”) and the Department of Homeland Security (“DHS”) announced they would extend the flexibility related to the in-person Form I-9 compliance. Normally, employers would need to perform an in-person […]

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SBA Publishes PPP Loan Forgiveness Application and Some Clarifications

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Yesterday, May 18, 2020, the SBA released a new Paycheck Protection Program (PPP) Loan Forgiveness Application (Application), which you can find here. In it, the SBA provides several pieces of guidance including how to calculate and apply for loan forgiveness under the PPP. The Application includes a tutorial to assist in filling it out, as […]

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FRIDAY FLURRY: UPDATES ON NEWS FROM THIS WEEK

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HEALTH CHECKS AND COMPENSABLE TIME: TIME IS MONEY By: P. Elizabeth Helms The Equal Employment Opportunity Commission (“EEOC”) has issued guidance on performing employee health checks specifically in response to the COVID-19 pandemic.  You may read that guidance here.  This guidance provides recommendations as to how and when an employer may opt to take an […]

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SBA Provides Safe Harbor Guidance for Some PPP Loan Recipients

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The application for any Paycheck Protection Program (PPP) loan includes a certification by the borrower that “the current economic uncertainty makes this loan request necessary to support the ongoing operations of the Applicant.” Most borrowers make this certification without a second thought. Afterall, the COVID-19 virus and governmental responses have increased the uncertainty of managing […]

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A Perfect Storm of Liability: One Employee’s Discrimination and Retaliation Claim Costs T-Mobile $2.5 Million in Damages

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On April 29, 2020, the California Court of Appeal issued a sobering decision in Stephen Colucci v. T-Mobile USA, Inc., demonstrating once again how important it is to properly respond to employee harassment and discrimination claims and to take steps to avoid potential retaliation claims.  A jury in San Bernardino County awarded the plaintiff, a […]

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Favorable Opinion for Employer Under Fire!

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In an ongoing battle in the courts to define whether or not a compensation system for agricultural workers is a piece-rate system or an hourly plus bonus system, the California Supreme Court today has now been called on to review the previous decision of the Court of Appeal which had been favorable to employers. See […]

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ALERT: Gov. Newsom issues Executive Order Extending Deadlines Impacted by

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On Friday, Governor Gavin Newsom issued Executive Order N-63-20, which extends certain procedural deadlines affecting employers due to the impact of the COVID-19 pandemic. Any of the following deadlines that normally would have fallen within 60 days of the date of the Order (i.e., between May 8, 2020 and July 7, 2020) are extended by […]

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ALERT: Executive Order Creates Presumption for Covid-19 Workers’ Compensation Claims

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On Wednesday, May 6, 2020, Governor Gavin Newsom signed Executive Order N-62-20, which will make it easier for employees who contract COVID-19 during a specific time period to obtain workers’ compensation benefits. The Order establishes that employees working outside the home who test positive for COVID-19, are presumed, for purposes of workers’ compensation, to have […]

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Sloppy Contract Language Can Lead to Costly Litigation with Unions

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The Ninth Circuit issued a decision last week that demonstrates just how important it is to have clear contract language in all agreements entered into with a union. Sloppy drafting can lead, at best, to years of costly litigation just to determine what a contract says and, at worst, the opposite result of what an […]

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