In response to the COVID-19 pandemic, Congress passed the Families First Coronavirus Response Act (“FFCRA”), which requires employers to provide certain benefits to those unable to work because of COVID-19, including 80 hours of paid sick leave to each employee. Small businesses are exempt from the FFCRA if they: (1) have fewer than 50 employees…
Continue reading…When Can Employers Require Employees to Provide COVID-19 Test Results?
The safety of guests and co-workers is of paramount concern with COVID-19. There is great variation in how COVID-19 effects different people. If an employee asks to self-quarantine for COVID-19 symptoms on the advice of a Medical Services Provider (“MSP”), they should provide the employer with the name of their MSP. In addition, the employer…
Continue reading…ADA Lawsuits Newsletter
The coronavirus put a damper on the filing of new ADA cases for architectural barrier and website claims. But as the economy and the courts start to come out of their COVID-19 hibernation, DPA Attorneys at Law is predicting a return to “business as usual” as far as ADA lawsuits. California is the #1 hot…
Continue reading…Bad News for ADA Plaintiffs
In 2015, California tried to slow down the runaway freight train of ADA “architectural barrier” lawsuits by professional plaintiffs. Under amendments to the California Civil Code, professional plaintiffs and their law firms now had to identify themselves in their court pleadings as “high frequency litigants”, they had to pay an extra $1,000 filing fee, and…
Continue reading…New FEHA Regulations
California Enacts New FEHA Regulations for Pre-Employment Practices Starting on July 1, 2020, FEHA (Fair Employment and Housing Act) regulations will specify what pre-employment practices (i.e. pre-employment inquiries, job applications, and advertisements) constitute age, disability, medical condition, and religious discrimination. Pre-Employment Inquiries and Job Applications Employers cannot request scheduling information to ascertain an applicants religious…
Continue reading…PPP Forgiveness
Maintain your full-time employees Paycheck Protection Program (PPP) loan recipients need to ensure that proceeds are used for allowable purposes specified in the CARES Act and comply with guidelines that maximize the potential for loan forgiveness. See below for variables to consider when determining the amount of forgiveness. If the average number of full-time employees…
Continue reading…PPP Loan Forgiveness
Question: Will my PPP Loan Forgiveness amount be reduced if an Employee declines my offer to rehire them? No. Both the SBA and Treasury intends to issue an interim final rule stating that if you offer to rehire a laid-off employee (for the same salary and number of hours), but they reject your offer, their…
Continue reading…COVID – 19 Updates for Employers
Self-Certification Leave Request When an employee requests for emergency paid sick leave or emergency family and medical leave, you should require them to complete a form detailing their eligibility. Additionally, Employers may also require their Employees to use any existing PTO to supplement their emergency family and medical leave. PPP – Notice of Reinstatement For…
Continue reading…SBA PPP Loan Notes
The Promissory Note is directly from the SBA, there is no room for negotiation regarding their terms. If you need the funds, it is a “take it or leave it” option. However, there are 10 things you should keep in mind before accepting their terms: Interest begins accruing from the Disbursement Date. Payments are deferred…
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