Legal Blogs and Updates

Is It Time to Ask for Forgiveness for Your PPP Loan?  A New FAQ Provides Guidance About Timing and Calculations on PPP Loan Forgiveness

The Small Business Administration (SBA) has released new FAQ guidance regarding loan forgiveness for Paycheck Protection Program (PPP) loans. SBA’s interim rules and FAQs, along with forms, are available at ...

Final Rule Issued Regarding Implementation of the National Environmental Policy Act

This week, the White House Council for Environmental Quality issued a final rule revising how agencies implement the National Environmental Policy Act (NEPA) in reviews of environmental projects and permitting application. Business groups believe that the final rule will streamline the ...

Legislative Efforts to Mandate Retroactive Business Interruption Coverage for COVID-19 Losses

First-party commercial insurance policies generally do not provide insurance coverage for COVID-19 related business interruption losses because there is no physical loss or damage and because the policy may contain a virus exclusion.

On June 22, 2020, the National Association of ...

Governor Signs Permit Extension Bill into Law

On July 1, 2020, New Jersey Governor Phil Murphy signed into law the “Permit Extension Act of 2020” (Assembly Bill No. 3919). The new law extends many governmental permits, approvals and deadlines to address delays caused by the COVID-19 crisis, as explained below. 

The statute ...

Supreme Court Finds CFPB Leadership Structure Unconstitutional

On June 29, 2020, the Supreme Court of the United States issued its holding in Seila Law LLC v. Consumer Financial Protection Bureau.  

Following the financial crisis in 2008, Congress created the Consumer Financial Protection Bureau (“CFPB”) as part of the Dodd-Frank Act. At the time, it ...

NJDEP Modifies Public Notice Language for Certain Permits Due to COVID-19

The New Jersey Department of Environmental Protection (NJDEP) has temporarily changed its standard public notice language for permits issued pursuant to the Coastal Zone Management Rules, the Freshwater Wetlands Protection Act Rules, and the Flood Hazard Area Control Act Rules. 

EEOC Issues Updated Guidance on Employer Antibody Testing

This week, the Equal Employment Opportunity Commission (EEOC) updated its guidance for employers on permitted employee COVID-19 antibody testing.  An employer may not require employees to undergo antibody testing as a condition to re-enter the workplace.  Such a requirement violates the ...

NJDOL Releases Mandatory Workplace Notice on Worker Misclassification

Earlier this year, Governor Murphy signed several new laws that starkly increased employer liability for misclassifying workers as independent contractors rather than as employees. The comprehensive enactment included a provision requiring employers to conspicuously post a ...

United States Supreme Court Expands Application of Title VII to Protect LGBTQ Employees

On June 15, 2020, the United States Supreme Court released a landmark decision regarding Title VII of the Civil Rights Act of 1964 (“Title VII”). Title VII is the federal anti-discrimination statute protecting employees from discrimination based on race, color, religion, sex and ...

Key Points of the Paycheck Protection Program Flexibility Act

[This post supplements the Connell Foley blog post “Summary of Financial Assistance Available to Small Businesses Under the CARES Act” posted on 03.29.2020.]

The Paycheck Protection Program Flexibility Act (PPPFA), signed into law June 5, 2020, has extended deadlines and ...

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