The Telephone Consumer Protection Act (“TCPA”) generally prohibits the use of automated dialing equipment or prerecorded voice messages to make calls, send text messages, or send faxes absent prior consent of the called party. This includes calls or texts to cellular phone numbers as well as calls to residential lines. There are limited exceptions to
April 2020
PPP Loan Forgiveness: Some Answers, Many Questions
Much has happened in the three-plus weeks since the Coronavirus Aid, Relief, and Economic Securities (CARES) Act was enacted on March 27, 2020. The $349 billion dollars appropriated to the newly created Paycheck Protection Program (PPP) has been exhausted. The Small Business Administration (SBA), the Federal agency administering the PPP, reports they have made over…
Will New Stimulus Bill Include Multiemployer Pension Reform?
What could be in the next stimulus bill in response to the COVID-19 pandemic? Congress reportedly is working on a bill (dubbed “Stimulus 3.5”) that includes additional funding for the Paycheck Protection Program created by the CARES Act. Will the new stimulus bill address long-awaited reforms to the multiemployer pension plan system?
The imminent…
San Jose Issues Guidance and Opinion Letter Regarding Supplemental COVID-19 Paid Sick Leave Ordinance
Soon after San Jose passed its supplemental paid sick leave ordinance to respond to the COVID-19 crisis, it issued further guidance regarding the leave. The Director of the Office of Equality Assurance, the office charged with enforcement of the emergency ordinance, has also issued an opinion letter to provide additional information.
The opinion letter addresses…
Mayor of San Francisco Signs Amended Public Health Emergency Leave Ordinance
Late April 17th, Mayor Breed signed the supplemental paid sick leave ordinance that earlier in the week, the Board of Supervisors had amended and passed. This was the same day that Mayor Breed announced an order requiring all individuals in public to wear face coverings.
The ordinance, like those passed by the…
OSHA Outlines Discretion in Issuing Citations During Coronavirus Pandemic based on Employer’s Good Faith Efforts
On April 16, 2020, OSHA issued an Enforcement Memorandum directed to Regional Administrators and State Plan Designees giving them Discretion in Enforcement when Considering an Employer’s Good Faith Efforts During the Coronavirus Disease 2019 (COVID-19) Pandemic. Under the Memo, OSHA acknowledges that some “employers may face difficulties complying with OSHA standards due to the…
CARES Act $2.2-Trillion Emergency Relief Fund Potential ‘Hotbed’ for Government Fraud, Abuse Investigations
With enactment of the CARES Act on March 27, Congress appropriated $2.2 trillion, the largest economic stimulus package in history, to combat COVID-19 and the serious economic damage it has wrought to all facets of the economy. Along with this mammoth government subsidy, however, comes the prospect of unprecedented fraud and abuse in sectors of…
DHS Prepares to Loosen H-2A Rules Temporarily during COVID-19 Crisis
Recognizing that current travel restrictions and the closure of consulates and embassies abroad has made it nearly impossible to bring new H-2A workers to the United States, the Department of Homeland Security (DHS) is expected to release a rule in the Federal Register on April 20 to address this problem. The unpublished draft of the…
OFCCP Releases New Directives to Improve the Enforcement Experience, Including a Commitment to Increase Efficiency In Audits
In case any of you have been wondering, OFCCP is not slowing down amidst the COVID-19 pandemic. While the Agency has been thoughtful and reasonable in extending response times for audits and even granting a National Interest Exemption for new contractors helping respond to the pandemic, OFCCP continues to schedule new audits, now with newly…
State-Wide Supplemental Paid Sick Leave for Food Sector Workers
In recent weeks, San Jose and Los Angeles have passed ordinances to provide supplemental paid sick leave to employees not otherwise covered by the recently enacted federal Families First Coronavirus Response Act (FFCRA). San Francisco has a similar ordinance pending. On April 16th, Governor Newsom issued Executive Order N-51-20, which provides COVID-19 related…