Ruder Ware News & Insights

Until further notice, the Occupational Safety and Health Administration (OSHA) will not be enforcing its illness reporting requirements with regard to COVID-19 cases for most employers. Under OSHA regulations, COVID-19 is a recordable illness if certain criteria are met. See our recent e-alert on this. . However, on April 10, OSHA issued an “enforcement guidance” announcing that for the time being… Source
The U.S. Equal Employment Opportunity Commission (EEOC) has updated its guidance document, “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEOC Laws”, last updated on March 18, 2020. This was the subject of one of our previous alerts: Some of what the EEOC clarifies was already known or generally accepted, such as an employer being allowed to disclose the name… Source
In response to the COVID-19 pandemic, President Trump signed the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) into law on March 27, 2020. Ruder Ware’s COVID-19 Focus Team provided a summary of the CARES Act in a previous blog post. In that post, they mentioned that the CARES Act suspends most required minimum distributions (“RMDs”) for 2020. This suspension applies to (i)… Source
An updated PPP application has been released and it is our understanding that this updated application is the ONLY application that will be accepted by lending institutions. The updated form can be accessed here. The PPP loan is also FIRST COME, FIRST SERVE so submit your applications as soon as possible beginning today, April 3rd, 2020. We encourage you to contact your preferred SBA lender as… Source
As we enter a new month with the rental landscape changed in dramatic ways by the coronavirus pandemic, landlords will undoubtedly be facing requests from tenants for rent relief. As you proceed to address these requests, some of the lessons from the last economic recession are applicable today. Before you begin discussions, consider obtaining a pre-negotiation confidentiality email or letter. Source
The SBA released the Interim Final Rule announcing more information on the Paycheck Protection Program. The Interim Final Rule provides some program clarifications, but also provides some program changes. Note, the applicable interest rate is now 1%. There is also more information on how to calculate payroll costs to determine the maximum loan amount including examples. The PPP loan is also FIRST… Source
Yesterday we issued an ealert (click here) that advised you the Department of Labor finally issued its detailed regulations for the FFCRA. Upon closer review, we have found the DOL expanded the definition of “Child Care Provider” for both the Emergency Paid Sick leave and the Expanded FMLA to include “family member or friend, who regularly cares for the child” if even if they are NOT “compensated… Source
Today the DOL released detailed regulations with answers to nearly every question we have had over the past two weeks regarding this law. While we are still reviewing these regulations, there are two important details that had so far NOT been answered before now: First, the DOL specifically states that the paid leave under category No. 1 includes a “stay at home” order IF that order advises… Source
The Families First Coronavirus Response Act (the “FFCRA”) provides certain eligible employers with refundable tax credits that reimburse those employers for the cost of paying the paid sick and family leave wages as required by FFCRA. After almost two weeks, the IRS has released extensive guidance on the refundable tax credits, including 66 FAQ questions. Ruder Ware’s COVID-19 Focus Team doing all… Source
The SBA and Treasury moments ago released updated information on the new Paycheck Protection Program created by the CARES Act. The program is specifically designed to help small businesses (less than 500 employees) keep their workforce employed by providing an SBA guaranteed loan. The program also provides for forgiveness of the loan proceeds that are used for payroll costs and other specified… Source