News Articles

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.

Kullman Firm Newsletter

NEW EEOC PAY REPORTING DUE SEPTEMBER 30th Employers with 100 or more employees and federal contractors with 50 or more employees are likely very familiar with Employer Information Reports (“EEO-1 Reports”) that must be submitted each year. Over the years, such employers have been required to disclose the number of employees they have, broken down by job… Continue Reading »

Kullman Firm Newsletter

E-VERIFY DURING THE GOVERNMENT SHUTDOWN As most E-Verify employers have learned, E-Verify is unavailable due to the government shutdown. But what does that mean for an employer’s hiring practices during this time? All E-Verify deadlines are suspended during the government shutdown. The three-day rule which requires that the employer open an E-Verify case within three… Continue Reading »

Kullman Firm Newsletter

New Orleans Labor & Employment Conference – Save the Date Please join us for our annual employment law conference on Wednesday, October 17, 2018 in New Orleans, LA. Topics will include: Worksite Enforcement The Fair Labor Standards Act Tax and Benefit Issues for Contract Workers and more Below is the announcement and registration form for this complimentary… Continue Reading »

Kullman Firm Newsletter

Supreme Court Hands Employers Big Win in Arbitration Class Action Waiver of Wage and Hour Claims The Majority Opinion. On May 21, 2018, the Supreme Court in a 5-4 decision authored by its newest member, Justice Neil Gorsuch, held that employers can compel employees to pursue wage and hour claims through individual arbitration agreements, thus… Continue Reading »

Kullman Firm Newsletter

Ninth Circuit Court of Appeals Eliminates Salary Histories As Permissible Factor For Pay Differences Under The Equal Pay Act On April 9, 2018, the U.S. Court of Appeals for the Ninth Circuit (covering California and eight other western States and Guam and the Northern Mariana Islands) held that an employee’s or applicant’s salary history is… Continue Reading »

Kullman Firm Newsletter

Sixth Circuit Expands Title VII Protection To Transgender and Transitioning Individuals The Sixth Circuit recently expanded Title VII’s prohibition against discrimination on the basis of someone’s “sex” to encompass a person’s “transgender” or “transitioning” status.  In Equal Employment Opportunity Comm’n v. R.G. &. G.R. Harris Funeral Homes, Inc., the EEOC sued a funeral home on… Continue Reading »

Kullman Firm Newsletter

ICE ANNOUNCES WORKSITE ENFORCEMENT STRATEGY On January 10, 2018, U.S. Immigration and Customs Enforcement (ICE) announced that it had developed a comprehensive worksite enforcement strategy to target employers who violate employment laws and to facilitate the enforcement of the country’s immigration laws.  The newly developed strategy uses a three-pronged approach to worksite enforcement which will… Continue Reading »

Kullman Firm Newsletter

KULLMAN FIRM NEWSLETTER (THE NLRB EDITION!) FAREWELL TO “MICRO-UNITS” On December 15, the National Labor Relations Board overturned an Obama-era ruling which allowed “micro-units” of workers to unionize. The 3-2 ruling in PCC Structurals, Inc., 365 NLRB No. 160, was split along party lines and lowers the bar for employers to expand bargaining units past… Continue Reading »

Kullman Firm Newsletter

NLRB GENERAL COUNSEL’S MEMORANDUM INDICATES FUTURE CHANGES Peter Robb, the National Labor Relations Board’s new General Counsel, has moved quickly in issuing comprehensive guidelines to the agency which unequivocally indicate that the era of activism and overreach by the Board will likely end. Two weeks after being sworn in as General Counsel, Robb has issued… Continue Reading »

Kullman Firm Newsletter

HIGH STAKES AT THE HIGH COURT: HERE’S THE LOWDOWN! The new 2017 term of the United States Supreme Court convened on October 2, 2017. That same day, the Court heard argument in three consolidated cases addressing whether class and collective action waivers are prohibited by the National Labor Relations Act’s right to engage in “concerted… Continue Reading »

Kullman Firm Newsletter

REMINDER: UPDATED I-9 FORM BECAME MANDATORY ON SEPTEMBER 18, 2017 As we previously reported, the U.S. Citizenship and Immigration Services (“USCIS”) recently released a revised version of the Form I-9. Be reminded that the new version became mandatory on September 18, 2017. For more information, click here. E-VERIFY EMPLOYERS: TIME TO CHANGE YOUR POSTERS! E-Verify… Continue Reading »

Kullman Firm Newsletter

HURRICANE HARVEY RAISES EMPLOYMENT CONCERNS FOR EMPLOYERS In light of the recent devastation caused by Hurricane Harvey and with Hurricane Irma currently threatening landfall in the United States, it is important for employers to prepare for unique employment law challenges that might arise during and following natural disasters.  For example, employers are likely to encounter… Continue Reading »

Revised EEO-1 Forms with Pay Data Collection Requirements Put on Indefinite Hold. Deadline for Filing the Old-Style Form Remains March of 2018.

On August 29, 2017 the EEOC posted an announcement that the Office of Management and Budget had ordered a review and immediate stay of the pay data collection parts of the revised EEO-1 form.  In a Memorandum to Acting EEOC Chair Victoria Lipnic, The OMB Administrator, Office of Information and Regulatory Affairs, Neomi Rao, stated… Continue Reading »

The Kullman Firm Welcomes Immigration Law Specialist Patricia Bollman

The Kullman Firm is pleased to announce that Patricia A. Bollman has joined the firm effective January 1, 2017.  Ms. Bollman specializes in the area of immigration and nationality law.  A significant portion of Ms. Bollman’s immigration law practice is in the area of employment-based non-immigrant and immigrant visas although she also handles family-based visas… Continue Reading »

USCIS Releases New Verison of the Form I-9

On November 14, 2016, the U.S. Citizenship and Immigration Services (“USCIS”) released a new version of the Form I-9, which will become mandatory on January 22, 2017.  The 11/14/16 version of the Form I-9 contains substantive changes including adding fields and revising some fields in Sections 1, 2 and 3 of the form.   It also… Continue Reading »

IRS Extends ACA Information Reporting Deadlines

The Internal Revenue Service (IRS) extended the due dates for furnishing Forms 1095-C to individuals from January 31, 2017, to March 2, 2017.  These information reports are required under the Patient Protection and Affordable Care Act for large employers (generally those with 50 or more full-time and full-time equivalent employees during the prior calendar year)…. Continue Reading »