Publications

On May 15, 2020, the Small Business Administration (“SBA”) and Department of Treasury jointly released the application for forgiveness of a Paycheck Protection Program (“PPP”) loan (the “Application”). While the SBA has yet to directly address certain questions regarding forgiveness calculations, the Application indicates the positions that the SBA will likely take. […]

On March 20, 2020, the Department of Homeland Security (DHS) provided employers some flexibility in complying with Form I-9 requirements related to Form I-9, which was set to expire on May 19, 2020. As the pandemic continues, DHS has extended this policy for an additional 30 days – to June 18, […]

On May 12, 2020, the Internal Revenue Service (“IRS”) issued two notices which offer increased flexibility for employers with respect to Internal Revenue Code (“Code”) Section 125 cafeteria plans, health flexible spending accounts (“health FSAs”), and dependent care flexible spending accounts (“dependent care FSAs”). Notice 2020-29. In light of the […]

On May 7, 2020, the Equal Employment Opportunity Commission (“EEOC”) announced that it will delay the anticipated opening of the 2019 EEO-1 Component 1 data collection until 2021. It will similarly delay the 2020 EEO-3 (Local Union Report) and EEO-5 (Elementary-Secondary Education Staff Information Report).  The EEOC instituted the delay […]

On April 23, 2020, the Small Business Administration (“SBA”) published FAQ #31, indicating that borrowers should reexamine their good faith certification made on the application for a Paycheck Protection Program (“PPP”) loan. FAQ #31 indicated that borrowers should have considered liquidity levels and evidence of current adverse business conditions—neither of which considerations […]