Labor & Employment

GOVERNMENT CONTRACTOR ALERT: NEW VIRGINIA EMPLOYMENT LAW

Attention federal contractors with operations in Virginia! There has been a sea change in Virginia employment law that greatly increases your exposure to lawsuits in Virginia state courts. Read on… Virginia has long been extremely protective of the at-will employment doctrine and (apart from narrow public policy exceptions) barred direct lawsuits by employees alleging...
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PPP: How to Comply With the “Economic Uncertainty” Certification Requirement

IMPORTANT UPDATE TO THIS BLOG POST: On May 5, 2020 the SBA extended the safe harbor deadline by which recipients of PPP loans may payback the loan in its entirety and avoid the economic necessity certification to May 14. As we previously addressed on April 28, the SBA and the Department of the Treasury...
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Loans Above $2 Million Taken Under the PPP Will Be Audited According to Treasury Secretary Mnuchin

As we have written about extensively, the CARES Act enacted in response to the coronavirus crisis established a Paycheck Protection Program (PPP) to provide forgivable loans to small businesses to sustain their payrolls. However, the loan can only be forgiven if certain conditions are met. In mid-April, the PPP received public scrutiny after several...
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Paycheck Protection Program: New FAQ Addresses Retroactive “Economic Uncertainty” Certification Requirement and May 7, 2020 Safe Harbor

On April 24, 2020, the Paycheck Protection Program (PPP) and Health Care Enhancement Act were signed into law. The Act includes an additional $310 billion for the PPP, which ran out of funds in mid-April. The additional funds will allow small business an opportunity to obtain potentially forgivable loans. On April 23, 2020, the...
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Federal Contractors Should Tread Carefully Despite Supreme Court’s Decision on Age Discrimination Only Applying to Employees of the Federal Government

On April 6, 2020, the Supreme Court decided Babb v. Wilkie, interpreting the Age Discrimination in Employment Act (ADEA) as it relates to federal government employees. The Court noted the curious language in the Act relating to federal employees differed from the typical language in anti-discrimination statutes. This language stated that “personnel actions affecting...
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SBA Interim Final Rule Provides Critical Guidance for Paycheck Protection Program Under the CARES Act

On April 2, 2020, the Small Business Administration (SBA) published an interim final rule, “Business Loan Program Temporary Changes; Paycheck Protection Program,” which provides guidance and interpretation on the implementation of the “Paycheck Protection Program” (PPP) created by the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). On April 3, the SBA published...
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