Another Bite of the aPPPle

Both branches of Congress this week passed emergency legislation extending the application deadline for the Paycheck Protection Program for another month plus. In a surprise move, the republican-led Senate initiated the extension when it passed a bill on Tuesday night postponing the June 30 deadline an additional five weeks until August 8. That move was…

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Biz Help Gets Court OK on Joint Employer

A half-dozen business advocacy groups got the judicial OK this week to intervene in defending the Department of Labor (DOL) joint employer definition and the regulatory test pertaining thereto.  A federal judge sitting on the US District Court for the Southern District of New York granted the request of the US Chamber of Commerce, the…

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No Further Extensions of Tax Day

The Department of Treasury and the Internal Revenue Service this week put an end to any further speculation that the government may delay again the July 15 due date for filing 2019 tax returns and payment of 2019 taxes owed. The IRS will not further extend the tax filing and payment deadline past July 15,…

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Court Decisions of Note

Speaking of sexual harassment, the Minnesota Supreme Court early this month upheld the standard of “severe and pervasive” as applies to a threshold determination of sexual harassment claims, but it also whittled away some of the standard’s foundation. The court pronounced the Minnesota Human Rights Act more expansive and protective than federal Title VII protections…

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SCOTUS Confirms Protection for LGBTQ Workers

Early this week, the Supreme Court of the United States (SCOTUS) issued a decision extending anti-discrimination protections in the workplace to gay and trans-gender employees. In a 6-3 decision written by Justice Neil Gorsuch, the court confirmed that federal law protecting employees from harassment or discrimination on the basis of sex extends to include both…

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Virginia Law Changes with Flip of the Calendar

As we’ve advised in past issues, the turn of the calendar often ushers in new changes in state and local laws that we all must be aware of, but that is especially true when we flip from June to July. Last week we advised of a number of changes coming July 1 in state and…

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DC Circuit Court Tosses Labor’s Suit over COVID-19

A three judge panel of the US Circuit Court of Appeals for the District of Columbia yesterday threw out a lawsuit brought by the AFL-CIO seeking to mandate that employers be required to protect employees from the COVID-19 pandemic. The labor federation had filed legal action last month trying to force the Occupational Safety and…

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CBO Reports on Bonus Unemployment Benefit

One provision of the aforementioned CARES Act that struck me as counterintuitive to expediting the economic recovery from the impact of the coronavirus pandemic was the payment of an additional $600 weekly to the unemployed. Although the additional funds are not authorized beyond July 31, 2020, some in the House of Representatives want to extend…

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NLRB OKs Cell Phone Ban in Workplace

Two weeks ago, the National Labor Relations Board (NLRB) issued a final ruling reversing the decision of the Administrative Law Judge (ALJ) in the case of Colt Beverage where the ALJ found that a company prohibition on the use or possession of a personal cell phone in the work area violated the employee’s rights under…

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In-N-Out Joins Business Interruption Insurance Lawsuit

A legal challenge against insurance providers for denying losses claimed as a result of the coronavirus pandemic welcomed another voice last week. In-N-Out Burger, the privately-held California-based burger company filed suit against Zurich American Insurance, with which the chain has a $250 million “all risk” policy. The company argues their coverage policy “contains no exclusion…

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