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
Practice Areas
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 The unpublished draft of the…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…
Legislators Urge Extension of Work Authorizations
On the same day that the Department of Homeland Security (DHS) recapitulated its usual policies and procedures for dealing with delays in processing extensions and changes of status due to COVID-19, 100 Democrats in the House of Representatives joined the Congressional Hispanic Caucus to urge the Trump Administration to automatically extend work authorization for…
Lost Revenue from COVID-19 Crisis Prompts Colleges, Universities to Urge NCAA Waiver
Even as some states claim the immediate effect of the COVID-19 pandemic is starting to plateau, the potential financial impact of the pandemic on college athletics is just starting to emerge.
As college and universities assess potential budget shortfalls as a result of the $375-million loss of their portion of revenue distribution following the cancellation…
States Providing Guidance and Considering New Rules to Protect Agriculture Workers from COVID-19
As harvesting seasons approach, some state safety agencies have considered whether additional safety measures are needed to protect agricultural workers from potential exposures to coronavirus (“COVID-19”). In California, the state Department of Industrial Relations Division of Occupational Safety & Health (“Cal OSHA”) released specific guidance on April 7, 2020 for agricultural employers. While noting…
FBI Issues Warnings Regarding COVID-19 Fraud Schemes
The Special Agent in Charge of the Boston office of the FBI, Joseph Bonavolonta, has issued an advisory aimed at alerting and keeping individuals and companies safe in the midst of the COVID-19 pandemic. His memo reported on emerging schemes and frauds being perpetrated by criminals looking to capitalize on the current crisis.
The FBI…
Virginia Bans Non-Competes for Low(er)-Wage Workers
Is anyone focusing on anything other than the COVID-19 Pandemic? Apparently, the Virginia legislature and governor are undeterred, enacting a series of new laws. Among them, Virginia has banned non-compete agreements for lower wage earners, becoming the most recent state to do so. A summary of the key provisions is included in this article written…
OSHA Interim Enforcement Response Plan for COVID-19 Matters
On April 13, 2020, the Occupational Safety and Health Administration (“OSHA”) announced an Interim Enforcement Response Plan for Coronavirus Disease 2019 (“COVID-19”) related complaints, referrals, and severe illness reports. While OSHA has issued several enforcement memorandums on COVID-19 related issues in recent weeks, this guidance is specifically directed to OSHA’s Area Offices on conducting investigations…
Delays in H-1B Processing, Suspension of Premium Processing, Closures Caused by COVID-19 Pandemic
COVID-19 has created a multitude of unprecedented challenges for visa applicants, employers, and the government employees that process visa petitions and applications.
Employers face daily challenges balancing long-term strategies to maintain a complete workforce with short-term strategies to manage payroll and cash flow. While the government has issued certain temporary solutions to provide flexibility with…