Irvine Legal Blog

Oliver v. Konica Minolta - Carrying Tools and Parts May Convert Commute into Compensable Travel Time

By: Kyle D. Kring and Kerri N. Polizzi

In Oliver et. al. v. Konica Minolta Business Solutions, U.S.A., Inc. ("Oliver"), certified for publication on June 24, 2020, a California Court of Appeal provided some additional guidance to assist employers in determining whether, and under what conditions, travel by hourly employees directly from their home to their first jobsite, and from the last jobsite to their home, is compensable.

SBA Announces New Full and "EZ" PPP Forgiveness Applications

By: Kyle D. Kring and Kerri N. Polizzi

On March 27, 2020, the Coronavirus Aid, Relief, and Economic Security Act ("CARES Act") established the Paycheck Protection Program ("PPP") to provide federally-backed, forgivable loans administered by the U.S. Small Business Administration ("SBA") to aid employers who maintain their payroll during the coronavirus pandemic. On June 5, 2020, the Payroll Protection Program Flexibility Act of 2020 ("Flexibility Act") was enacted to modify key PPP loan provisions to allow more borrowers to achieve complete loan forgiveness.

Local Minimum Wage Increases Coming July 1, 2020

By: Kyle D. Kring

California cities and counties have the authority to set minimum wages higher than the state of California's minimum wage. Many localities throughout California have passed their own statutes to provide employees with higher minimum wage rates than current state rates. Various localities are set to increase minimum wage rates effective July 1, 2020 and employers throughout California should be aware of the relevant increases. The table below indicates each locality set to increase, its current minimum wage, and increased minimum wage.

Paycheck Protection Program Flexibility Act of 2020 Extends and Modifies Key Loan Forgiveness Provisions

By: Kyle D. Kring and Kerri N. Polizzi

The Coronavirus Aid, Relief, and Economic Security Act ("CARES Act"), signed March 27, 2020, established the Paycheck Protection Program ("PPP") to provide federally-backed, partially-forgivable loans administered by the U.S. Small Business Administration ("SBA") to aid employers who maintain their payroll during the coronavirus pandemic. 

Important Considerations and Key Documents for Reopening Workplaces as Stay at Home Orders Lift

By: Kyle D. Kring and Kerri N. Polizzi

On May 28, 2020, In light of the novel coronavirus disease (COVID-19) public health crisis and state and local orders related thereto, most employers have either shutdown or significantly reduced their in-person operations. As many jurisdictions begin to lift or ease stay-at-home orders, it is important that employers carefully consider the many employment laws and other applicable regulations that govern plans to return some or all employees to physical workspaces. As outlined below, this process should not be a "return to normal," and instead should involve proactive planning and thorough documentation of safety measures undertaken to protect employees during this transition to the "new normal."

The CARES Act - PPP Eligibility, "Economic Uncertainty" Certification, and the Safe Harbor Provision

By: Kyle D. Kring

On April 24, 2020, the President signed a bill that gave the Paycheck Protection Program ("PPP") an additional $310 billion in funding over the previous $349 billion authorized by Congress last month. As you probably know by now, there has been tremendous demand for the PPP loans. This significant demand has led to some strict scrutiny of larger businesses that applied for and received loan funds. Some of these large companies have recently rejected or returned loans they received in the PPP's initial offering, including the Los Angeles Lakers, Ruth's Chris Steakhouse, and Shake Shack.

City of L.A. Mandates Supplemental Paid Sick Leave to Fill Gaps in FFCRA

By: Kyle D. Kring and Kerri N. Polizzi

On Tuesday, April 7, 2020, Los Angeles Mayor Eric Garcetti issued an emergency Public Order regarding Supplemental Paid Sick Leave Due to COVID-19 taking immediate effect and requiring covered employers (more than 500 employees within the City of Los Angeles or more than 2,000 in the U.S.) to provide eligible employees with paid sick leave benefits during the public health emergency surrounding the COVID-19 pandemic. The Order amends the Los Angeles Municipal Code in what appears to be an attempt to fill gaps in the coverage afforded by the federal Families First Coronavirus Response Act ("FFCRA"), which went into effect earlier this month.1

Maximizing Forgiveness of Paycheck Protection Program Loans

By: Kyle D. Kring and Kerri N. Polizzi

On March 27, 2020, the federal Coronavirus Aid, Relief, and Economic Security Act ("CARES Act") was signed into law. Among a number of other stimulus programs, described in greater detail in our CARES Act overview, the law provided funding for federally-backed, partially-forgivable Paycheck Protection Program ("PPP") loans administered by the U.S. Small Business Administration ("SBA") to provide much-needed cash-flow assistance to employers who maintain their payroll during the coronavirus pandemic.

Coronavirus Aid, Relief, and Economic Security ("CARES") Act Makes Significant Benefits Available to Qualifying Employers Impacted by Coronavirus Pandemic

On March 27, 2020, U.S. businesses breathed a sigh of relief when the House of Representatives passed, and the President signed the Coronavirus Aid, Relief, and Economic Security Act, known as the "CARES Act," into law. The 880-page CARES Act and the more than 2 trillion dollars in relief thereunder aim to address a broad range of industries and activities impacted by the novel coronavirus and its related disease (COVID-19), including public health programs, waiver of certain provisions and penalties related to management of retirement funds, direct payments to individuals, expansion of unemployment insurance benefits, and critical increases in lending for small businesses. As such, a complete analysis of the CARES Act is beyond the scope of this publication.

U.S. Congress Passes Families First Coronavirus Response Act Impacting Employer Obligations in Light of Public Health Emergency

On Wednesday, March 18, 2020, federal legislators passed the Families First Coronavirus Response Act (the "Act"). The purpose of the Act is to make emergency fiscal appropriations in response to the widespread repercussions of the novel coronavirus and its related coronavirus disease (COVID-19). The Act will take effect on April 2, 2020, fifteen days after its passing, and will expire on December 31, 2020.

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