Managing Automotive Blog

In today’s episode, we continue our conversation on “Force Majeure” with Partners Barbara Wahl and Bernice Leber. Our lawyers cover a few of the first COVID-related lawsuits filed, important trends, and ways to leverage mediation to avoid costly litigation.

On May 22, 2020, the Small Business Administration (SBA) and US Department of Treasury released long-promised forgiveness regulations (Regulations) for the Paycheck Protection Program (PPP).

You’ve secured a PPP Loan to help weather the pandemic. Now, the SBA and Treasury have released a Loan Forgiveness Application to help lighten your financial burden. In today’s podcast, Aaron Jacoby, Russ McRory, and Justin Goldberg discuss the rules, application, and impact on the auto industry.

On March 23, 2020, Governor Baker issued an executive order closing the “brick and mortar” operations of all non-essential businesses. Nearly two months later, on May 18, he announced his four-part plan to “reopen” the Massachusetts economy. 

On May 20, 2020, the US Department of Labor (DOL) announced a final rule that clarifies that payments in addition to the fixed salary are compatible with the use of the fluctuating workweek method under the Fair Labor Standards Act (FLSA).

Most California counties and some California cities have issued local orders related to COVID-19.

As New York City businesses prepare for New York State Governor Andrew Cuomo to lift the New York State Pause Order and reopen businesses in the five boroughs.

The US Department of Labor’s Wage and Hour Division (WHD) announced a final rule to provide a single analysis for all employers when determining whether they qualify as “retail or service” establishments for purposes of the exemption from overtime pay applicable to commission-based employees.

On May 15, 2020, the Small Business Administration (SBA) released the Loan Forgiveness Application for loans under the Paycheck Protection Program (PPP). The release of the Forgiveness Application sheds further light on the process that borrowers will use to apply for the forgiveness of PPP loans. 

If you’re not a “small business,” it’s time to return the loans.

The Massachusetts economy has been battered by the COVID-19 pandemic. On March 23, 2020, Massachusetts Governor Charlie Baker ordered the mandatory shutdown of non-essential businesses, curtailed essential business operations, restricted the size of gatherings, and advised citizens to stay at home.

Notable developments involving eligibility under the Paycheck Protection Program and the PPP’s loan forgiveness process have occurred in recent days.

Your employees may be “essential,” but do they have to work? The answer is, of course, it depends.

The workers’ compensation system was created to ensure that employees who suffer work-related accidents or illnesses are compensated while, at the same time, protecting employers from lawsuits by these employees. 

Congress created the Paycheck Protection Program (PPP), part of the CARES Act and administered by the Small Business Administration (SBA) and Treasury Department, to provide relief to small businesses in dire need of financial support during the COVID-19 pandemic.

We previously reported on how the federal Worker Adjustment and Retraining Notification Act (WARN) and its state law equivalents would apply to layoffs, furloughs, and closings during the coronavirus pandemic.

During the current COVID-19 pandemic, one question for employers has been whether employees who contract COVID-19 may be able to recover workers’ compensation benefits. In California, a new Executive Order by Governor Newsom significantly increases that likelihood by presuming that many employees’ C

The Family First Coronavirus Response Act (FFCRA), which took effect on April 1, 2020, provides two paid leave benefits for certain employees, including two weeks of Emergency Paid Sick Leave and up to 12 weeks of Enhanced Family and Medical Leave (FMLA).

Earlier today, the Equal Employment Opportunity Commission (EEOC) posted an updated and expanded technical assistance publication addressing questions arising under the Federal Equal Employment Opportunity Laws related to the COVID-19 pandemic.  

On May 3, 2020, the SBA and the US Department of the Treasury released new guidance to assist businesses with calculating the forgiveness amount for Paycheck Protection Program (PPP) loans, with respect to employees who reject an offer to be rehired by a PPP borrower.

As the fallout from the COVID-19 pandemic continues across the nation, consumers and businesses alike are resorting to class action litigation to air their grievances.

In the wake of the coronavirus, businesses and courts remain shuttered as a result of stay-at-home government orders.

Revised term sheets and FAQs issued by the Federal Reserve Board expand the program and provide additional guidance for borrowers affected by the COVID-19 crisis. A chart outlining the updated term sheets can be found in the link below.

On April 24, 2020, the US Department of the Treasury released new guidance to assist businesses with calculating the maximum Paycheck Protection Program (PPP) loan amount to which they are entitled. 

At the request of the California New Car Dealers Association (CNCDA), we prepared a COVID-19 Operations Protocol to be used by California dealerships that are open or will soon be re-opening, for vehicle sales.