SBA Issues More New Guidance on PPP Loan Forgiveness

In a new FAQ published on August 4, 2020 (found  here ), SBA clarified some additional points from the use of scanned documents to support the application to the forgiveness eligibility of costs incurred or paid during the chosen covered period. As always, PilieroMazza wants to bring this to the attention of all of our clients as we know many firms are currently preparing their forgiveness applications and these may be critical updates. General Loan Forgiveness If you are a sole proprietor/1099 . . . Read More

California Consumer Privacy Act Enforcement Effective July 1

Despite requests for delay due to COVID-19, California Attorney General Xavier Becerra has affirmed that enforcement of the California Consumer Privacy Act (CCPA) has started, effective July 1, 2020. The CCPA is a huge step forward in data privacy law, granting California consumers robust data privacy rights and increased control over their personal information. Previous  PilieroMazza  coverage of the CCPA can be viewed  here  and  here . While the CCPA has been in effect since January 1, 2020, companies that do business with California . . . Read More

GSA and SBA Issue Additional Guidance on Bidding Through Joint Ventures for STARS III

As we  wrote  on July 16th, SBA was interpreting 13 CFR 124.513(a)(2) as prohibiting awards of STARS III to both an 8(a) firm, individually, and a joint venture where that same 8(a) firm was the entity upon whom eligibility for the JV was based. Below we address additional guidance as to SBA’s interpretation of the prohibitions for 8(a) firms seeking to bid on STARS III—as well as compliance requirements—which are important to note as firms prepare their bidding strategies. As of Friday evening, SBA . . . Read More

Virginia First State to Adopt Workplace Safety Standards Amidst COVID-19 Pandemic

On July 15, the Virginia Safety and Health Codes Board approved temporary emergency standards to prevent the spread of the coronavirus in Virginia workplaces. Expected to go into effect during the week of July 27, the new workplace safety standards are the first of their kind in the country. The regulations will impose large monetary penalties on companies that fail to implement various COVID-19 safety measures. Virginia state officials, under the direction of Governor Ralph Northam, purportedly spearheaded implementation of the . . . Read More

STARS III: Simultaneous Bidding as Prime Contractor and Managing Member of JV, or Bidding as Managing Member Under Multiple JVs

PilieroMazza  has received a flood of questions related to STARS III and  Cy Alba  gave a presentation ( link ) earlier today walking through a number of keys issues and our interpretation of key requirements in the RFP. As a part of that, one key question being asked is whether clients are able to bid themselves as a prime contractor and also as the managing member of a joint venture?  While there is nothing in the STARS III RFP that expressly disallows submitting an offer . . . Read More

Senate Passes PPP Loan Application Deadline Extension, More Than $130 Billion Still Unclaimed

Last night, the Senate unanimously passed a bill that would extend the Small Business Administration’s (SBA) Paycheck Protection Program (PPP) application deadline through August 8, 2020. The bill is now set to be taken up by the House.   The PPP provides forgivable loans to cover payroll and overhead expenses for small businesses. On June 27, 2020,  SBA reported  that over $134 billion in unclaimed funds remained of the $669 billion program. Unless Congress repurposes them, leftover funds will be returned to the . . . Read More

DC Launches Paid Family Leave Program July 1—What Employers Need to Know

Effective today, employees in DC are eligible for paid family leave pursuant to the DC Paid Family Leave Act (the Act). Below is our brief primer on what employers need to know and what to expect when administering paid family leave. The Act is an insurance program. It does not govern whether an employee is eligible for the leave itself but whether an employee will be eligible for paid leave benefits. Whether an employee is entitled to leave itself is . . . Read More

SBA and Treasury Release New PPP Application Forms

As we reported in our previous alert , President Trump signed the Paycheck Protection Program Flexibility Act (“Flexibility Act”) into law. The bill makes numerous changes to the Paycheck Protection Program (“PPP”) aimed at improving loan forgiveness procedures and loosening restrictions on PPP funds. In accordance with the Flexibility Act, the Small Business Administration (“SBA”) and Department of the Treasury (“Treasury”) released revised application forms for businesses participating in the PPP. The new PPP application forms differ substantially from their previous . . . Read More

Landmark SCOTUS Decision Holds Title VII Prohibits Discrimination on Basis of Gender Identity and Sexual Orientation

Today, the U.S. Supreme Court ruled that employers who discriminate against gay and transgender workers violate Title VII. The Court’s 6-3 decision resolves a longstanding circuit split on this issue and extends Title VII protections to LGBTQ+ employees across the country. Justice Gorsuch drafted the majority opinion for the Court, and was joined by Chief Justice Roberts and Justices Ginsberg, Breyer, Sotomayor, and Kagan. For employers, we examine the ruling below and offer key takeaways. In its long-awaited and hotly-debated decision, the . . . Read More

Treasury and SBA to Make Changes Regarding Enactment of PPP Flexibility Act

On May 28, 2020, we wrote about the Paycheck Protection Program Flexibility Act (the Act), a new piece of legislation introduced in the House of Representatives. The Act’s intended purpose was to give employers more latitude regarding the use of their Paycheck Protection Program (PPP) loans while also increasing loan forgiveness in order to stimulate the economy. Since then, the Senate has passed the Act and President Trump signed it into law . On June 8, 2020, U.S. Department of the Treasury . . . Read More