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,... Read More
On April 21, 2020, the U.S. Bureau of Land Management (BLM) issued interim guidance providing for federal lease royalty reductions and suspensions in response to the COVID-19 pandemic. The initial guidance provided procedures whereby operators could apply for royalty rate reductions and suspension of operations or production due to force majeure in accordance with Section... Read More
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... Read More
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... Read More
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... Read More
What is Sub-Chapter V? On August 23, 2019 President Trump signed into law the Small Business Reorganization Act of 2019 (“SBRA”), which took effect on February 19, 2020. The SBRA was drafted to address small business debtors’ complaints regarding the cost and complexity of Chapter 11 filings under the Bankruptcy Code.