News Articles

OSHA CHANGES COURSE ON WHETHER EMPLOYERS ARE REQUIRED TO MAKE COVID-19 WORK-RELATEDNESS INQUIRIES

In OSHA interim guidance issued on April 10, OSHA drew a significant distinction between employers of workers in the healthcare industry, emergency response organizations and correctional institutions, and employers in all other industries. Employers in the former sectors were directed to “continue to make work-relatedness determinations pursuant to 29 C.F.R. 1904,” which presumably would lead… Continue Reading »

SMALL BUSINESS ADMINISTRATION RELEASES PPP LOAN FORGIVENESS APPLICATION FORM, WITH DETAILED INSTRUCTIONS

The SBA recently issued a “Paycheck Protection Program Loan Forgiveness Application” form, with accompanying “Application Instructions for Borrowers.” The instructions direct borrowers to submit the application directly to their lenders, which may also be submitted electronically. The form consists of four components: (1) the PPP Loan Forgiveness Calculation Form, (2) “PPP Schedule A” (in which… Continue Reading »

IMMIGRATION EXTENDS RELAXED FORM I-9 DOCUMENT REVIEW REQUIREMENTS AND RELAXES LIST “B” DOCUMENT REQUIREMENTS

As businesses begin to re-open and re-hire, the Department of Homeland Security (“DHS”) has recently made some announcements regarding relaxed document requirements for the Form I-9 considering continued COVID-19 challenges. Relaxed I-9 Document Review Requirements Extended for Thirty Additional Days The DHS announced that it would extend for 30 days its revised requirements for reviewing… Continue Reading »

THE SBA HAS ISSUED ADDITIONAL GUIDANCE UNDER THE PAYCHECK PROTECTION PROGRAM (“PPP”) REGARDING REPAYMENT

After warning companies who received loans under the Paycheck Protection Program (“PPP”) to review their good-faith certifications of the necessity of such loans and providing a safe harbor period for the repayment of loans in Frequently Asked Questions (“FAQs”) issued on April 26, 2020, the Small Business Administration (“SBA”), issued additional guidance on May 13,… Continue Reading »

CHECKLIST FOR RETURN TO WORK WHEN STAY-AT-HOME ORDERS ARE LIFTED

As more state and local governments are loosening stay-at-home orders, and more businesses are seeking to return employees to work, myriad questions are arising about best business practices and legal compliance in conjunction with the reopening of the economy. In an attempt to help our clients, we have put together the following checklist of questions… Continue Reading »

NO EEO-1 REPORTING REQUIRED THIS YEAR!

In a Notice published on Thursday, May 7, the Equal Employment Opportunity Commission announced it was delaying the anticipated filing deadline of the 2019 EEO-1 Report “due to the Coronavirus Disease (COVID-19) public health emergency.” More specifically, the EEOC stated that “[p]ending approval by OMB, the EEOC would expect to begin collecting the 2019 EEO-1… Continue Reading »

DOL AND IRS ISSUE RULE EXTENDING TIMEFRAMES FOR COBRA ELECTIONS AND PREMIUM PAYMENTS; NEW MODEL COBRA NOTICES ALSO PUBLISHED

On Monday, May 4, 2020, the Employee Benefits Security Administration of the Department of Labor and the Internal Revenue Service jointly published a Rule in the Federal Register significantly extending the periods of time in which employees may elect COBRA health insurance continuation coverage and begin paying their premiums in the midst of the continuing… Continue Reading »

SBA PUBLISHES ADDITIONAL GUIDANCE ON PAYCHECK PROTECTION PROGRAM LOANS

On April 26, 2020, the Small Business Administration published an updated set of “Frequently Asked Questions” from both lenders and borrowers participating (or seeking to participate) in the loans offered under the CARES Act’s Paycheck Protection Program. Some of these same questions and answers had previously been published, many are rather technical in nature, and… Continue Reading »

EEOC PROVIDES UPDATED GUIDANCE TO EMPLOYERS FOR COVID-19 CONCERNS IN THE WORKPLACE

In March 2020, the EEOC released its guidance entitled “Pandemic Preparedness in the Workplace and the Americans with Disabilities Act,” about which the Kullman Law firm has already reported. Recently, the EEOC provided updated guidance in several employment-related areas. This bulletin is a summary of the EEOC’s updated portions of the pandemic guidance. Disability-Related Inquiries… Continue Reading »

OSHA ISSUES ENFORCEMENT GUIDANCE FOR RECORDING CASES OF COVID-19

On Friday, April 10, the Occupational Safety and Health Administration issued an enforcement memorandum to its Regional Administrators and Compliance Officers providing interim guidance for the recording of occupational illnesses, specifically cases of Coronavirus Disease 2019 (COVID-19).  While the stated purpose of the memo was to “provide certainty to the regulated community” about whether a… Continue Reading »

OSHA Issues Enforcement Guidance Memoranda in Light of Respirator Shortages

In the last few days, considering the shortage of N95 filtering facepiece respirators (FFRs) that has resulted from the COVID-19 outbreak, the Occupational Safety and Health Administration (OSHA) issued two enforcement guidance memorandums related to the use of respirators by healthcare and non-healthcare employers.  The guidance is directed to employers whose employees are required to… Continue Reading »

DOL Corrects Inconsistencies in FFCRA Regulations

In an effort to resolve a contradiction in the regulations, which was identified by The Kullman Firm earlier this week, the DOL today issued corrections to the FFCRA. Conflicting portions of the new law left employers unclear whether they could require employees to take paid leave under employer-provided policies concurrently with leave under the EFMLEA…. Continue Reading »

ADDITIONAL DEPARTMENT OF LABOR GUIDANCE ON UNEMPLOYMENT BENEFITS UNDER THE CARES ACT

On April 4, 2020, the Department of Labor issued “Unemployment Insurance Program Letter No. 15-20” to provide guidance on the unemployment compensation benefits provisions of section 2104 of the CARES Act.  The purpose of the letter is to provide guidance to states administering the federal portion of Federal Pandemic Unemployment Compensation (FPUC), which was provided… Continue Reading »

EEOC Q & A WEBINAR ON CORONAVIRUS ISSUES

The EEOC recently discussed twenty-two questions in a webinar concerning statutes enforced by the EEOC as they relate to employment issues caused by COVID-19. Much of the information shared has been addressed in previous EEOC guidance, but clients should find the webinar content useful, nonetheless.  As a prelude, the EEOC said it was not addressing any wage… Continue Reading »

OFCCP/COVID-19 NEWS: VERY LIMITED EXEMPTION FOR SOME NEW CONTRACTS, BUT AAP AND OTHER OBLIGATIONS CONTINUE FOR EXISTING CONTRACTORS

Like many other federal agencies, the OFCCP has leapt into the fray which is the COVID-19 pandemic. In its case, however, the OFCCP’s moves have been extremely limited. For example, Director Craig Leen has announced an exemption from affirmative action obligations for some new contracts “in view of the special circumstances in the national interest… Continue Reading »

DOL Updates Guidance on Interplay of Employer-Provided Leave and Leave under the EPSLA and EFMLEA

In a recent update to the DOL’s guidance regarding paid leave under the EPSLA and EFMLEA, which can be found here https://www.dol.gov/agencies/whd/pandemic/ffcra-questions, the DOL revised its responses to frequently asked questions pertaining to the interplay between employee leave under the EPSLA and EFMLEA and leave provided under employer policies.  The revised responses clarify a few… Continue Reading »

DOL ISSUES YET ANOTHER ROUND OF Q AND A’S FOR THE FFCRA

On Friday, April 3, the Department of Labor published a fourth iteration of “Questions and Answers” regarding the interpretation of the provisions of the Families First Coronavirus Response Act. If you have been following along with the earlier installments of these Q and A‘s, the new questions pick up with number 60, and continue through… Continue Reading »

IMMIGRATION COVID-19 UPDATES

In our continuing effort to keep our clients up to date on labor and employment law developments related to the COVID-19 pandemic, we are providing the following information regarding changes to immigration related areas of the law: Use of Expired State Driver’s Licenses and ID Cards in the Form I-9 Process Immigration has issued the… Continue Reading »

SBA ISSUES INTERIM FINAL RULE ON PAYCHECK PROTECTION PROGRAM AND IRS PUBLISHES Q AND A’S ON FFCRA TAX CREDITS AND CARES EMPLOYEE RETENTION CREDIT

Continuing with our effort to keep clients of The Kullman Firm apprised of constantly-evolving legal developments in the wake of the COVID-19 pandemic, businesses should be aware that the Small Business Administration just published an “Interim Final Rule“ proposing regulations interpreting the provisions of the Paycheck Protection Program. That Rule can be accessed at https://content.sba.gov/sites/default/files/2020-04/PPP–IFRN%20FINAL.pdf… Continue Reading »

Highlights From The DOL’s FFCRA Proposed Regulations

Earlier this week, the Department of Labor (DOL) issued much-anticipated proposed regulations regarding the Families First Coronavirus Response Act (FFCRA).  The proposed regulations can be found here: https://s3.amazonaws.com/public-inspection.federalregister.gov/2020-07237.pdf and are expected to be published early next week.  Below, we have highlighted what we view as the most notable and/or significant clarifications of the new law. … Continue Reading »

IMPORTANT CLARIFICATION ON PAYCHECK PROTECTION PROGRAM LOANS!

In a bulletin we published yesterday entitled PAYCHECK PROTECTION PROGRAM- IMMEDIATE HELP FOR SMALL EMPLOYERS, we discussed the topic of the cap of $100,000 in payroll costs (on an annualized basis per employee) for which an employer could seek a PPP loan beginning tomorrow, April 3. The “Borrowers Fact Sheet” we linked from the Treasury… Continue Reading »

DOL ISSUES TEMPORARY RULE FOR FFCRA

As referenced in previous bulletins, the U.S. Department of Labor (DOL) was required under the Families First Coronavirus Response Act (FFCRA) to issue regulations pertaining to the Emergency Paid Sick Leave Act (EPSLA) and the Emergency Family and Medical Leave Expansion Act (EFMLEA) on or before April 2, 2020.  In an effort to keep our… Continue Reading »

PAYCHECK PROTECTION PROGRAM—IMMEDIATE HELP FOR SMALL EMPLOYERS

Beginning Friday, April 3, 2020, small employers—those with less than 500 employees– can apply for and receive loans to cover payroll expenses through Small Business Administration lenders.  Specifically, “payroll expenses” include: Employee wages/salary, including benefit costs and state and local taxes, up to a cap of $100,000 per employee on an annualized basis; Rent on… Continue Reading »

THE UNEMPLOYMENT PROVISIONS OF THE NEW STIMULUS BILL: RELIEF FOR WORKERS AFFECTED BY CORONAVIRUS ACT—(RWACA)

Over this past weekend, The Kullman Firm provided a synopsis of many of the major employment-related features of the new Coronavirus Aid, Relief, and Economic Security Act (CARES.) We are supplementing that bulletin with a more detailed discussion of the unemployment compensation benefits provisions of the new law which have received much attention in the… Continue Reading »

HIGHLIGHTS OF FURTHER UPDATED DOL Q AND A’S ON FFCRA

As part of our continuing effort to keep our clients up to date on labor and employment developments related to COVID-19 and the Families First Coronavirus Response Act, we published a bulletin yesterday linking clients to further updated guidance issued by the Department of Labor on Saturday, March 28. We encourage clients to review those… Continue Reading »

THE CORONAVIRUS STIMULUS PACKAGE—WHAT IT MEANS FOR EMPLOYERS

The Coronavirus Aid, Relief, and Economic Security (CARES) Act, which was passed by  the Senate on March 25, then passed by the House of Representatives and signed by President Trump on March 27, includes several requirements for employers seeking to take advantage of the Act’s financial assistance provisions.  Although the legislation will provide financial opportunity… Continue Reading »

DOL ISSUES (FURTHER) UPDATED Q AND A’S CLARIFYING FFCRA

As The Kullman Firm’s clients likely know, labor and employment law developments related to COVID-19 are occurring on a daily basis. In an effort to keep our clients aware of such developments, we are sharing a link to a FURTHER set of updated Q and A’s issued yesterday (March 28) by the U.S. Department of… Continue Reading »

DOL ISSUES UPDATED Q AND A’S CLARIFYING FFCRA

Continuing in our efforts to keep The Kullman Firm’s clients up to date regarding labor and employment law developments related to COVID-19, we are sharing a link to a set of updated Q and A’s issued today by the U.S. Department of Labor regarding the Families First Coronavirus Response Act (FFCRA).  These Q and A’s clarify… Continue Reading »

OSHA’s Guidance on Preparing Workplace for COVID-19

In an effort to continue keeping clients updated about developments related to the COVID-19 epidemic, we are alerting you to the fact that the Occupational Safety and Health Administration (OSHA) recently published guidance to aid employers (and their workers) in identifying risk levels and determining appropriate control measures in the workplace in response to COVID-19. The… Continue Reading »

IMMIGRATION PROVIDES GUIDANCE ON E-VERIFY DURING COVID-19 PRECAUTIONS

Immigration has provided guidance to E-Verify employers regarding how to handle a Tentative Nonconfirmation (“TNC”) while government offices are closed due to COVID-19.  If an employer receives a TNC from E-Verify for a New Hire, and, the New Hire contests the TNC, the employer should continue to employ the New Hire while the case is… Continue Reading »

HIGHLIGHTS OF NEW DOL GUIDANCE ON COVID-19 AND THE FFCRA

In our continuing effort to keep our clients up to date on labor and employment developments related to COVID-19 and the Families First Coronavirus Response Act, we earlier published a bulletin linking clients to new guidance issued this week by the Department of Labor in this area.  We encourage clients to review that guidance, but… Continue Reading »

DOL Issues FFCRA Notice to be Posted by Covered Employers

In our effort to continue keeping clients updated about developments under the FFCRA, we are sharing a link to the new FFCRA Notice published by the U.S. Department of Labor today, along with a set of “Frequently Asked Questions“ regarding that Notice which has been prepared by the DOL. If you have any questions about… Continue Reading »

U.S. Department Of Labor Publishes Guidance Explaining Paid Sick Leave And Expanded Family and Medical Leave Under The Families First Coronavirus Response Act

Continuing in our efforts to keep The Kullman Firm’s clients up to date regarding labor and employment law developments related to COVID-19, we are sharing in full, guidance issued yesterday from the U.S. Department of Labor.  The guidance includes a number of links to additional information and frequently asked questions. In some of our earlier… Continue Reading »

IMMIGRATION TEMPORARILY REVISES FORM I-9 DOCUMENT REVIEW

REQUIREMENTS TO ACCOMMODATE COVID-19               On March 20, 2020, the Department of Homeland Security (“DHS”) announced that it would temporarily revise the requirements for reviewing documents presented in the Form I-9 process to accommodate employers whose HR departments are now working remotely.  The revised requirements allow the Form I-9 document review to temporarily be… Continue Reading »

Employee Benefits Issues Related to the COVID-19

In addition to questions about how to handle employee illness and leave, employers must also grapple with how such circumstances impact employee benefits.  We have put together some helpful guidance as you navigate these tricky waters.  If you would like to discuss this new legislation, or have other questions, please do not hesitate to contact… Continue Reading »

COVID-19 Client Advice

In our continuing effort to keep The Kullman Firm’s clients up to date regarding labor and employment law developments related to COVID-19, we are sharing in full, guidance issued today from the Equal Employment Opportunity Commission in a question and answer format. If you would like to discuss any of the information set forth in… Continue Reading »

Update to All Our Clients

Like other businesses throughout the country, we are modifying our firm’s business practices due to COVID-19 (Coronavirus).  In order to protect the health of our families and also maintain the same high level of ongoing legal services to our clients, we have implemented a work-from-home protocol for our lawyers and staff on a firm-wide basis.  We have installed… Continue Reading »

EMPLOYER GUIDANCE REGARDING COVID-19 (THE CORONA VIRUS)

As the world grapples with the rapid spread of COVID-19, also known as the Coronavirus, The Kullman Firm is here to answer your questions and help you manage your workforce during this pandemic. What can I do right now to make the workplace safer? Encourage employees to wash hands frequently (minimum of 20 seconds), avoid… Continue Reading »

New Form I-9 Released

  On January 31, 2020, the United States Citizenship and Immigration Services announced that it had published a new version of the Form I-9.  The new Form I-9 has a “10/21/2019” version date, which can be found in the lower left corner of the Form I-9.  The new Form I-9 can be found at https://www.uscis.gov/i-9…. Continue Reading »

NLRB Hands Down Five Employer-Friendly Rulings!

The NLRB Does Away with Prior Administration’s “Quickie” Election Rules On December 13, 2019, the National Labor Relations Board (“Board”) announced a final rule amending the procedures used for elections to determine whether employees desire to be represented by a labor union.  The new election rules are intended to make the process more fair and respond to… Continue Reading »

Kullman Firm Newsletter

New Orleans Labor & Employment Conference – Save the Date    Please join us for our annual employment law conference on Thursday, October 24, 2019, in New Orleans, LA. Topics will include: FMLA, ADA, & FLSA developments Immigration Worksite Compliance Employee Benefits and much more. Attached below is the announcement and registration form for this complimentary event…. Continue Reading »

Kullman Firm Newsletter

It saddens us to announce the passing of our shareholder Henry P. Julien, Jr.   Henry was a skilled trial lawyer and a wonderful person.  He will be missed by everyone at The Kullman Firm.