Overtime Payments & the Fluctuating Workweek 

In the COVID-19 era it is more important than ever for employers to understand the workplace and the rules and guidelines that govern it. Employees are working a varied number of hours from week-to-week, and in some cases, workweek hours are based on immediate demand. A recent regulatory decision from the Department of Labor highlights a rule, newly named the Fluctuating Workweek Method of Computing Overtime, that may benefit employers dealing with these circumstances by offering savings on employee overtime payments. Fluctuating Workweek Method of Computing Overtime,...
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Recalling and Rehiring Employees During COVID-19

As businesses slowly resume normal operations and the economy gradually recovers in the wake of COVID-19, many companies will experience increased demand, which translates into an increased need for labor. To meet demand, companies are likely to recall employees that were furloughed or rehire those who were laid off during the pandemic. Companies should observe the following practices during the recall and/or rehiring process to avoid potential liability for claims of discrimination by employees who are not asked to return...
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The Paycheck Protection Program Flexibility Act

On June 4, 2020, Congress passed a bill called the PPP Flexibility Act of 2020, which amended the federal Paycheck Protection Program (“PPP”). The PPP was instituted in April to boost small businesses in the wake of the COVID-19 pandemic by offering forgiveness-eligible loans to businesses, contingent upon the satisfaction of n requirements. The PPP Flexibility Act was passed to make it easier for businesses to qualify for PPP loan forgiveness by providing additional benefits and/or exemptions...
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Effect of Bankruptcy on Student Loans

Since the changes to the Bankruptcy Code made under the Bankruptcy Abuse Prevention and Consumer Protections Act of 2005, it has generally been thought that discharging student loans in Bankruptcy is nearly impossible; however, in many circumstances that is not the case.   In order to discharge student loan debt under the Bankruptcy Code, a debtor must show that repayment of said loans would impose an “undue...
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