News & Analysis as of

Safe Harbors Good Faith

Seyfarth Shaw LLP

The FTC’s “Good Faith” Exception to the Non-Compete Ban: Pending Legal Challenges Are Not a Basis for Non-Compliance

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The FTC’s recently issued Final Rule banning non-competes for most workers prohibits an employer from (1) threatening to enforce a non-compete against a worker, (2) advising the worker that, due to a non-compete, they should...more

Nilan Johnson Lewis PA

Rhode Island Enacts Pay Equity Safe Harbor

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We previously reported that several states have enacted safe harbors for employers who proactively audit their pay practices and remediate any observed equal pay violations. Now Rhode Island has joined the fray....more

Weintraub Tobin

Safe Harbor from Class-Based Waiting Time and Wage Statement Penalties for Employers with “Good Faith Disputes” That Meal or Rest...

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Almost exactly one year ago, the California Supreme Court issued its decision in Gustavo Naranjo v Spectrum Security Services, Inc. (“Naranjo”), reviewing a decision by the Second Appellate District (the “Appellate Court”) in...more

Dechert LLP

Russia Sanctions: Where Are We Now and What Could Be Next?

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Since February 2022, the United States, United Kingdom, and European Union have imposed unprecedented economic sanctions on Russia and various Russian entities and individuals in response to the war in Ukraine. Actions have...more

King & Spalding

Federal Trade Commission Issues New “Made In USA” Regulations

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Creates New Enforcement Tools And Applies The Rule To Labels “Appearing In All Contexts” (i.e., On Product Packaging Or Online) - On July 1, 2021, the Federal Trade Commission (“FTC”) approved a final rule to implement new...more

Haynsworth Sinkler Boyd, P.A.

South Carolina Enacts COVID-19 Liability Safe Harbor Act

On Wednesday, April 28, 2021, Governor McMaster signed into law the COVID-19 Liability Safe Harbor Act. South Carolina became the 23rd state to pass similar legislation and many others are considering it. We have previously...more

Husch Blackwell LLP

50-State Update On COVID-19 Business Liability Protections - UPDATED March 2021

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A number of states have passed or are considering passing legislation to shield certain businesses from liability from claims for injury caused by exposure to COVID-19. Generally, the laws require that the business was in...more

Perkins Coie

The CFPB Proposes to Create a New Category of Seasoned Qualified Mortgages

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The Consumer Financial Protection Bureau (CFPB) recently issued a proposed rule to create a new category of Seasoned Qualified Mortgages (QMs). The proposal seeks to “encourage safe and responsible innovation in the mortgage...more

Snell & Wilmer

Let’s Stay Out of the Weeds – Arizona’s Recreational Marijuana Proposition

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This November, Arizona voters will decide whether to legalize the recreational use of marijuana. One burning question for employers: How does this impact operations? We consider some of the issues here....more

Foley & Lardner LLP

State Data Breach Notification Laws - September 2020

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While most state data breach notification statutes contain similar components, there are important differences, meaning a one-size-fits-all approach to notification will not suffice. What’s more, as data breaches continue to...more

Foley & Lardner LLP

The Department of Labor Speaks - New Safe Harbor and COVID-19 Guidance for Retirement Plan Electronic Disclosures

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Bottom Line: The Department of Labor (DOL) has released new guidance for retirement plans to meet their ERISA disclosure obligations: an additional safe harbor for electronic disclosure of retirement plan ERISA-required...more

Woods Rogers

PPP Loan Forgiveness Application

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This Article is based on information available as of May 18, 2020.  The information is subject to change as additional guidance is provided. The SBA has now published its PPP Loan Forgiveness Application (SBA Form 3508) which...more

Woods Rogers

Additional guidance from the SBA on "available liquidity" element of certifications for PPP Loans – Safe Harbor extended to May...

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Since the passage of the CARES Act and the SBA completing the first round of PP Loans, companies have been dealing with an ever changing set of guidelines interpreting the eligibility requirements for a PPP Loan and the...more

Moritt Hock & Hamroff LLP

Payroll Protection Program Updates

1-Safe Harbor Deadline Pushed To May 18, 2020 - FAQ 47 extends the FAQ 43 Safe harbor deadline to May 18th. FAQ 43 permitted PPP borrowers to avoid a certification of eligibility penalty by returning borrowed funds on or...more

Lathrop GPM

Paycheck Protection Program (PPP) update, with our own “Frequently Asked Questions”

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Anyone closely considering or utilizing the PPP has undoubtedly heard about the U.S. Small Business Administration’s (SBA’s) so-called “Frequently Asked Questions” (FAQs) that the agency has been issuing and updating on a...more

Spilman Thomas & Battle, PLLC

COVID-19 Update: New Critical Guidance on PPP Loan Forgiveness

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

Pullman & Comley, LLC

Paycheck Protection Program Frequently Asked Question 46: “How Will SBA Review Borrowers’ Required Good-Faith Certification...

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On May 13, 2020, the United States Small Business Administration (SBA), in consultation with the United States Treasury, released FAQ 46 to provide guidance as to how SBA will be reviewing the certifications that all...more

Franczek P.C.

SBA Adopts “Safe Harbor” Provision for PPP Loan Recipients Under $2 Million.

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In response to public criticism regarding the disbursement of loans to larger companies, on April 23, the Small Business Administration (SBA) issued guidance stressing that Paycheck Protection Program (PPP) loan applicants...more

McNees Wallace & Nurick LLC

JUST RELEASED: New Guidance on SBA Certification and Safe Harbor

The vast majority of Borrower’s under the SBA’s Paycheck Protection Program (the “PPP”) may breathe a little bit easier today, as the SBA has finally issued guidance surrounding the “good faith” certification Borrowers had to...more

Holland & Knight LLP

SBA Provides Safe Harbor for PPP Borrowers Receiving Less than $2 Million

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The U.S. Small Business Administration (SBA) has released guidance just one day before its safe harbor repayment deadline of May 14, 2020, to help a Paycheck Protection Program (PPP) borrower determine whether it lacked a...more

Woods Rogers

Certifications made on application for a PPP Loan – Safe Harbor deadline extended to May 14, 2020

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Since the passage of the CARES Act and the SBA completing the first round of PPP Loans, companies have been dealing with an ever changing set of guidelines interpreting the eligibility requirements for a PPP Loan and the...more

Porter Hedges LLP

Alert: "SBA Extends Safe Harbor Repayment Date For PPP Loans To May 18"

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As an update to our previous alert regarding guidance on the good faith “necessity” certification, the Small Business Administration (SBA) has further extended the Paycheck Protection Program (PPP) loan “safe harbor”...more

Hinshaw & Culbertson LLP

SBA Provides Additional Guidance on Review of Economic Uncertainty Certifications Made by PPP Loan Applicants

In the past few weeks, the U.S. Department of Treasury and Small Business Administration (SBA) have raised issues concerning the economic uncertainty certification made by both public and private companies in FAQs #31 and...more

Burr & Forman

SBA Releases Guidance on PPP Good Faith Need Certification

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On May 13, 2020, the Small Business Administration (“SBA”) updated its Frequently Asked Questions on the Paycheck Protection Program (“PPP”) loans with a new Question 46 regarding a borrower’s certification that its PPP loan...more

Pierce Atwood LLP

Paycheck Protection Program: SBA Clarifies Audit and Enforcement Intent Regarding Loan Recipient’s Financial Hardship...

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On May 13, 2020, the Small Business Administration (SBA) updated its Frequently Asked Questions (FAQs) to provide important safe harbors on the Paycheck Protection Program’s (PPP) requirement that a borrower make a good faith...more

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