Blogs

Employment Law

DOL Allows Employers to Electronically Post Required FLSA/FMLA Notices

2020 will undoubtedly be remembered as the year of the COVID-19 pandemic, and as the year that telework gained widespread acceptance in the U.S. While remote work creates several benefits for employers, it also comes with some challenges. In guidance issued this week, the U.S. Department of Labor (DOL) took on one of those issues:…

January 8, 2021

Employment Law

DOL Adjusts their View of Telemedicine to Support FMLA Leave

The U.S. Department of Labor (DOL) has issued guidance clarifying that telemedicine examinations or treatment, which have become increasingly widespread by necessity during the COVID-19 pandemic, may be used by employees as the equivalent of an “in-person visit to a health care provider” for the purpose of establishing a “serious health condition” under the Family…

January 4, 2021

Business and Financial Services

PPP Second Draw – What Businesses and Lenders Need to Know About the New Round of Funding

Many have been waiting for the federal government to pass additional COVID-19 economic stimulus legislation. Those who have a had a particular interest in Congress’s activities include small businesses and lenders who received or lent Paycheck Protection Program (“PPP”) Loans under the CARES Act. Now, more than four months after the last application under the…

December 28, 2020

Employment Law

DOL Issues New Tipped Employee Rules under the FLSA

As a Court of Appeals panel in Richmond pointed out recently, employer FLSA obligations are simple enough for employees who receive a traditional hourly wage but get far murkier and more complicated in the restaurant industry, where employees typically receive compensation through tips or gratuities and employers are permitted to take a “tip credit” to…

December 28, 2020

Employment Law

Deck the Halls (but stay Home) this Holiday Season

The 2020 holiday season is fast approaching. By one recent estimate, nearly 40% of Americans are planning to travel for the holidays, many to visit with family, friends, and loved ones for the first time since the start of the COVID-19 pandemic. Yet there are some parts of the U.S., especially the mid-west and south,…

November 3, 2020

Business and Financial Services

Tax Implications of PPP Loan Forgiveness

Paycheck Protection Program (PPP) loans taken out in connection with the coronavirus (COVID-19) crisis that were subsequently forgiven raise a number of tax questions. A PPP loan may be forgiven in an amount equal to the sum of: (1) payroll costs; (2) interest (but not principal) payments on covered mortgage obligations (for mortgages before February…

October 19, 2020

Business and Financial Services

Creditors’ Rights Questions During COVID-19 – Part 1

As the coronavirus pandemic carries on, many creditors, including landlords and lenders, are wondering to what extent they can enforce leases and contracts, given various relief programs that have been instituted by federal, state, and local governments, such as eviction and foreclosure moratoriums. Below are a couple of scenarios describing such circumstances and answers to…

October 15, 2020

Employment Law

The IRS Chief Counsel’s Informal Guidance Clarifies Some Issues Left Open after Notice 2020-65 Regarding the “Payroll Tax Holiday”

In addition to Notice 2020-65 and Instructions to Form 941 which we outlined in our recent blog, the IRS Office of Chief Counsel for employee benefits, exempt organizations and employment tax provided informal but insightful guidance on its monthly IRS payroll industry call held on September 3, 2020. The informal guidance was directed in part…

October 14, 2020

Business and Financial Services

The IRS Chief Counsel’s Informal Guidance Clarifies Some Issues Left Open after Notice 2020-65 Regarding the “Payroll Tax Holiday”

IRS Office of Chief Counsel monthly payroll industry call on September 3, 2020 In addition to Notice 2020-65 and Instructions to Form 941 which we outlined in our recent blog, the IRS Office of Chief Counsel for employee benefits, exempt organizations and employment tax provided informal but insightful guidance on its monthly IRS payroll industry…

October 14, 2020

Employment Law

IRS Releases Instructions to Form 941 Expanding on Prior Guidance on Deferral of Social Security Tax

On October 1, 2020, the IRS released instructions for Form 941 providing additional guidelines for reporting deferred Social Security taxes pursuant to the President’s Memorandum (discussed previously on our blog) and IRS Notice 2020-65. Background On August 8, 2020, the Presidential Memorandum directed the Secretary of the Treasury to use his authority pursuant to section…

October 8, 2020