Recently, the Equal Employment Opportunity Commission (EEOC) settled charges of national origin discrimination and retaliation against Total Employment and Management (TEAM)—a Washington employer who instituted a “No Spanish”...more
The Equal Employment Opportunity Commission (EEOC) recently updated its guidelines to address employer COVID-19 testing policies. Since near the beginning of the COVID-19 pandemic, the EEOC had taken the position that...more
Given the easing of the pandemic, the US Equal Employment Opportunity Commission (EEOC) has once again updated its guidelines relating to employers’ handling of COVID-19. These adjustments reflect the evolving nature of the...more
On July 12, 2022, the Equal Employment Opportunity Commission (EEOC) updated its Technical Assistance Questions and Answers regarding “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO...more
Throughout the COVID-19 pandemic, the COVID-19 FAQs published by the U.S. Equal Employment Opportunity Commission (“EEOC”) have been an invaluable resource for employers. On July 12, 2022, the EEOC updated a number of Q&As,...more
Now almost two and a half years into the pandemic, employers may think they have hit their stride on what to do to make sure their employees are COVID-19-free and safe. As with everything in life, you need to be up to date on...more
The United States Equal Opportunity Commission (“EEOC”) enforces workplace anti-discrimination laws, including the Americans with Disabilities Act (“ADA”) and the Rehabilitation Act. On July 12, 2022, the EEOC announced...more
At the start of the COVID-19 pandemic, many employers relied heavily on the constantly changing guidance from the Equal Employment Opportunity Commission (EEOC) in its Technical Assistance Questions and Answers relating to...more
With the COVID-19 pandemic, employers generally had broad discretion to require employees to take COVID-19 tests before entering the workplace. However, the Equal Employment Opportunity Commission (“EEOC”) has recently...more
The Americans with Disabilities Act prohibits employers from asking questions about an employee’s medical condition absent “business necessity.” What exactly constitutes business necessity has been the subject of litigation...more
In Bunge Hamilton Canada, Hamilton, Ontario v. United Food and Commercial Workers Canada, Local 175, the arbitrator found that a mandatory vaccination policy requiring unvaccinated unionized employees to be placed on unpaid...more
Starting around October 26, 2020, the Small Business Administrations (the “SBA”) asked some Paycheck Protection Program (“PPP”) lenders to provide certain questionnaires to PPP borrowers with loans over $2 million. There are...more
The Small Business Administration recently announced new questionnaires for purposes of gathering information from borrowers related to the economic necessity certification under the Paycheck Protection Program....more
Without much fanfare, the Small Business Administration (SBA) has started investigating borrowers of larger Paycheck Protection Program (PPP) loans to obtain information about their business activities. The SBA has asked...more
The SBA recently released draft questionnaires for Paycheck Protection Program (PPP) borrowers with loans above $2 million. The draft questionnaire addresses the economic necessity certification that has caused heartburn for...more
On the roller coaster ride that is the interpretation of the Paycheck Protection Program (“PPP”) by the U.S. Small Business Administration (“SBA”), on October 26th, the SBA issued a notice to the Office of Management and...more
Borrowers under the Small Business Administration’s (“SBA”) Paycheck Protection Program (“PPP”) are required to either maintain or submit to lenders and the SBA certain documentation associated with their application for and...more
The Paycheck Protection Program (PPP) has provided temporary funding for many businesses of various sizes and across many industries. Once borrowers have received approval and funding (if not sooner), they should focus on...more
On May 13, 2020, the Small Business Administration ("SBA") issued FAQ # 46 dealing with its plan to review certain PPP loans (in response to COVID-19) to determine if the “necessity” certification was made in good faith by...more
Prompted by the public clamor surrounding the participation of large, publicly traded and deeply capitalized companies in the Paycheck Protection Program (“PPP”), on April 23, 2020, the Small Business Administration (“SBA”)...more
If the recent media attention for high profile borrowers such as Shake Shack and others has you rethinking your certifications under the PPP loan, you may be in luck. In an updated set of FAQs released on April 23, 2020, the...more
On August 6, 2019, in State of Texas v. Equal Employment Opportunity Commission, the U.S. Court of Appeals for the Fifth Circuit ruled that the Equal Employment Opportunity Commission (EEOC) overstepped its limited rulemaking...more