Oct 14, 2020

Tis the Season…

Well, not quite yet.  But it’s not too soon to start thinking about gifts, particularly gifts which use your lifetime exemption.  That is, the amount that you can gift during your lifetime without incurring a federal gift tax, or the amount that can pass at your death without incurring federal estate tax. Under the 2017 Tax Cuts and Jobs Act (TCJA), the lifetime exemption increased and in 2020 it is $11,580,000.  The exemption adjusts annually for inflation, and in 2026 is scheduled to revert to its pre-TCJA level, roughly one-half of what it is now. So what is the rush? … Read more

Oct 7, 2020

Bankruptcy 101: a primer for landlords facing tenant bankruptcies

View as PDF As the pandemic endures and businesses continue to struggle under restrictions and safety measures intended to control the spread, it is likely that a number of commercial and retail tenants will either threaten to file bankruptcy or actually do so in the coming months. What can you, as a building owner or manager, do to protect yourself and what can you expect if one of your tenants does so?  This is an introductory and practical overview; the specifics of your situation will likely vary; early planning and knowing your options may help. Bankruptcy can be a fast… Read more

Oct 7, 2020

California Enacts New Pay Data Collections and Reporting Requirements

On September 30, 2020, California Governor Gavin Newsom signed Senate Bill 973 into law. SB 973 requires California private employers with 100 or more employees to report pay data to the Department of Fair Employment and Housing (“DFEH”). The bill takes effect on January 1, 2021, requiring covered employers to submit their first reports by March 31, 2021, and annually thereafter. Enacted for the explicitly stated purpose of targeting enforcement of equal pay and discrimination laws, employers who are required to file an EEO-1 annual report under federal law will be required to submit a pay data report to the… Read more

Sep 21, 2020

California Law Updates

There has been some recent activity with regard to a variety of important California laws impacting employers.  As outlined below, the areas affected are:  a slight loosening of recent laws concerning independent contractors; expansion of family leave obligations; expansion of workers’ compensation coverage for COVID-19 illness, and expansion from 1 to 3 years of the time for submitting discrimination and related claims. Revisions to California’s Law on Independent Contractors California’s Assembly Bill 5, that became law on January 1, 2020, principally as California Labor Code § 2750.3, significantly narrowed the range of working relationships that could be treated as independent… Read more

Sep 2, 2020

Treasury Department Issues Guidance on Payroll Tax Deferral

Payroll Deferral

On August 28, 2020, the U.S. Department of the Treasury issued guidance for employers with respect to the deferral of the employee portion of certain payroll taxes. This guidance stems from a presidential memorandum Notice 2020-65 issued on August 8, 2020 authorizing employers to defer payment of these taxes. That memorandum allowed for the deferral of the employee portion of the social security tax and the Railroad Retirement Act Tier 1 tax under Sec. 3201 from September 1, 2020 until December 31, 2020. The memorandum allows employers to defer payment of the employee portion of these payroll taxes for workers earning less… Read more

Aug 27, 2020

Equal Employment Opportunity Commission Issues Q&A Guidance on Employment and Opioid Addiction

Opioid EEOC

Earlier this month, the Equal Employment Opportunity Commission (EEOC) issued two technical assistance documents, one directed to employees and the other to health care providers, that address concerns about employment provisions of the Americans with Disabilities Act (ADA) and the opioid epidemic. The EEOC explicitly states that the question and answer formatted guidance is not legally binding and does not establish new policy. Rather, the guidance seeks to provide clarity regarding existing requirements under the law, applying principles already established under the ADA, in the context of the increase in opioid use and abuse in recent years. The guidance directed… Read more

Aug 7, 2020

Executive Order Creating a Buy American Requirement for Pharmaceuticals and PPE

PPE Executive Order

On August 6, 2020, President Trump signed an Executive Order to boost domestic production of pharmaceuticals, Active Pharmaceutical Ingredients, and personal protective equipment (PPE), and declaring the reduction of dependence on foreign manufacturers of these products to be “critical” to the nation. The Executive Order provides: 1.    Federal agencies are required to purchase Essential Medicines, Medical Countermeasures, and Critical Inputs that are produced in the United States; 2.    The FDA is required to identify regulations that can be streamlined to eliminate barriers to domestic production of these products. The Executive Order charges the Secretary of Health and Human Services with prioritizing production of… Read more

Aug 6, 2020

Governor Kemp Signs Georgia COVID-19 Pandemic Business Safety Act

Business Safety

On August 5, 2020, Governor Brian Kemp signed the “Georgia COVID-19 Pandemic Business Safety Act”, Senate Bill (SB) 359.  The Georgia COVID-19 Pandemic Business Safety Act limits liability for certain COVID-19 related tort claims. The Georgia COVID-19 Pandemic Business Safety Act generally provides immunity to healthcare facilities, healthcare providers, entities (including businesses, churches and schools), and individuals for certain COVID-19 related tort claims that are not the result of “gross negligence, willful and wanton misconduct, reckless infliction of harm, or intentional infliction of harm.”  COVID-19 related tort claims covered by the law include certain causes of action based on: The… Read more

Aug 4, 2020

Main Street Lending Program – Profit and Nonprofit Organizations – Updates August 2020

Main St Loan Program

A lot has happened since we last wrote our alert on the Federal Reserve’s Main Street Lending Program (MSLP).  Most importantly, the program has officially launched and borrowers have been submitting applications for Main Street Lending Program Loans from eligible lenders. Listing of Eligible Lenders The Federal Reserve Bank of Boston published a state-by-state listing of lenders participating in MSLP who are currently accepting applications from new business customers which can be accessed by clicking this link and entering the State where the lender is located, although many lenders are accepting applications from borrowers located outside their immediate geographic area. … Read more

Jul 28, 2020

OSHA Workplace Injury Reporting Requirements: Relaxing the Rules for COVID Reporting

OSHA Workplace Reporting

As businesses begin to reopen with rising infection rates in many states, it is inevitable that employers will have incidents of COVID infection in the workplace even when best management practices and safety protocols are observed.  As a general rule, infectious disease transmission is not a reportable workplace injury for purposes of OSHA recordkeeping and reporting requirements; however, COVID infection is being treated as a recordable injury where the infection is determined to be work-related. Determining work relatedness can present challenges to an employer in a pandemic environment where the source of the infection may not be readily apparent.  In… Read more