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Latest Presidential Proclamation Frustrates Employment-Based Non-Immigrant Visas

by Kristin A. Zech | June 26, 2020 | Immigration Law

On June 22, 2020, the President issued the latest in a series of immigration-related presidential decrees.  This most recent proclamation further frustrates legal immigration under the guise of protecting a U.S. labor market reeling from COVID-19.  The decree specifically targets individuals (and their families) seeking to enter the…

In Marketing, Know and Use FAR’s Policies Encouraging Communication and Innovation 

On Behalf of Berenzweig Leonard, LLP | June 21, 2020 | Government Contracts

Last month, we discussed opportunities for federal contractors to expand their business prospects during a crisis such as the current coronavirus pandemic. These opportunities are found in FAR Part 18, Emergency Acquisitions, and increases to the thresholds for micro-purchases, simplified acquisitions, and some commercial items.  This month, we…

OMB Approves Revised OFCCP Disability Self-Identification Form

by Stephanie Wilson | June 17, 2020 | Government Contracts

Last month, the Office of Management and Budget (OMB) approved the use of a revised Voluntary Self-Identification of Disability Form (CC-305) released by the Office of Federal Contract Compliance Programs (OFCCP). Section 503 of the Rehabilitation Act requires federal contractors and subcontractors with at least 50 employees and contracts of…

Is My Company a Public Nuisance?: Community Threat in the COVID Age  

by Kristin A. Zech | June 16, 2020 | Employment & Labor Law

A number of Chicago-area McDonald’s employees and their live-in family members have filed a lawsuit against McDonald’s corporation and several franchisees, alleging that the restaurants’ unsafe working conditions during the coronavirus pandemic create a public health risk. In Massey, et al. v. McDonald’s Corp et al., (Case No. 2020-CH-4247), the…

Employers Cannot Categorically Reject Applicants Without Permanent Work Authorization

by Kristin A. Zech | June 16, 2020 | Employment & Labor Law , Immigration Law

While a long-term workforce may be laudable, an employer cannot use this goal to justify its refusal to hire individuals without permanent work authorization.  In Rodriguez v. The Proctor & Gamble Company (Case No. 17-22652-CIV-Williams), the U.S. District Court for the Southern District of Florida recently denied Proctor &…

In the Rocket Docket, Motions are Not Just for Fridays Any More

On Behalf of Berenzweig Leonard, LLP | June 15, 2020 | Rocket Docket

For those of us who practice regularly in the Eastern District of Virginia, for many years,  Fridays have been busy days in the courthouse, with lots of traffic at the entrances and in the elevators. This is because the District Judges and Magistrate Judges have customarily held their civil…

Business Use of Investigative Report Defeats “Work Product” Privilege 

On Behalf of Berenzweig Leonard, LLP | June 15, 2020 | Business Litigation , Government Contracts

When companies get into trouble and need to investigate and prepare a report on it to the government, they typically want to limit the report’s exposure. One way to limit disclosing company information in these situations is to hire an outside law firm to direct the investigation and have the…

SBA and Treasury Issue Interim Final Rule Implementing PPP Changes Made by the Paycheck Protection Program Flexibility Act

by Stephanie Wilson | June 12, 2020 | Business Litigation , Employment & Labor Law

On June 11, 2020, the SBA and the Treasury Department released an interim final rule to reflect the changes to the Paycheck Protection Program (PPP) made by the Paycheck Protection Program Flexibility Act (PPPFA). This interim final rule changes key provisions of the April 2, 2020 interim final rule, such…

Paycheck Protection Program Flexibility Act of 2020 Headed to President’s Desk

by Stephanie Wilson | June 4, 2020 | Business Litigation , Employment & Labor Law

On June 3, 2020, the Senate passed the Paycheck Protection Program Flexibility Act of 2020, which amends the Paycheck Protection Program (PPP) to modify provisions related to the forgiveness of loans under the program. This bipartisan bill was passed by the House on May 28 and now will go…

Court Institutes “Phased Expansion of Court Operations” COVID-19 Edition, Part 4

On Behalf of Berenzweig Leonard, LLP | June 3, 2020 | Rocket Docket

On May 26, 2020, the Chief Judge of the Eastern District of Virginia issued General Order No. 2020-16 setting forth the “phased expansion of court operations.” This General Order represents the next step in the Court’s efforts to keep court proceedings going while observing restrictions necessary for public health…

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