By KoKo Huang

The U.S. Department of Homeland Security (DHS) has announced a further extension of Form I-9 compliance flexibility. As previously detailed, on March 19, 2020, DHS began allowing certain employers to defer the physical presence requirement of I-9 documentation inspection and temporarily allowed electronic or remote I-9 documentation review. These provisions were

On June 26, 2020, the Department of Labor (DOL) Wage and Hour Division Head, Cheryl Stanton, issued two guidance bulletins relating to the impact of COVID-19. The first bulletin, Field Assistance Bulletin Number 2020-3, relates to the impact of COVID-19 on child labor laws, and the second bulletin, Field Assistance Bulletin Number 2020-4, provides guidance on child care leave pursuant to the Families First Coronavirus Response Act (FFCRA).

By Rebekkah Emerson and Allison Handy

On June 23, 2020, the Securities and Exchange Commission’s Division of Corporation Finance (Corp Fin) published CF Disclosure Topic No. 9A (Topic 9A) to provide further disclosure-related guidance to public companies whose operations and/or financial condition have been impacted by COVID-19. Specifically, Topic 9A provides guidance in the form of illustrative questions for assessing the impact of COVID-19 on disclosures relating to financial condition, results of operations, liquidity, and capital resources. This guidance supplements CF Disclosure Guidance: Topic No. 9 released by Corp Fin in March, which we covered in a prior blog post, and also refers companies to SEC Chief Accountant Sagar Teotia’s related statement on accounting and auditing matters, also released on June 23.

By Andy Smetana, Joe Bailey and Teri Lindquist

The U.S. Small Business Administration (SBA) and the U.S. Department of Treasury (Treasury), on June 22, 2020, issued new guidance in their interim final rule #20 with respect to the terms of and process for applying for loan forgiveness under the Paycheck Protection Program (PPP). This new guidance modifies prior rulemaking based on the Paycheck Protection Program Flexibility Act of 2020 enacted on June 5, 2020 (Flexibility Act) and the new “EZ” form of loan forgiveness application released by the SBA on June 16, 2020. (For our earlier updates on the Flexibility Act and the EZ form, see here and here.) Interim final rule #20 also creates a new limit for business owners and expands a safe harbor created under the Flexibility Act for borrowers who have not been able to restore their prior business activity due to certain government orders related to COVID-19. Highlights from interim final rule #20 are as follows:

By Zubin Khambatta, David Robbins, and Stephanie Saladino

The U.S. Department of Health and Human Services (HHS) recently announced two new targeted distributions from the CARES Act Provider Relief Fund (the Provider Relief Fund) to assist in the response to the medical and economic consequences of the COVID-19 pandemic:

  • $15 billion to Medicaid

On this episode, we are joined by Deborah White, president of the Retail Litigation Center (RLC) and senior executive vice president and general counsel of the Retail Industry Leaders Association (RILA). Deborah provides insight and analysis regarding the retail industry’s varied and innovative response to the pandemic, including how large retailers deal with the patchwork

On June 18, 2020, California Governor Gavin Newsom issued a statewide order manding that people in California wear face coverings in “high-risk” situations. The California Department of Public Health (CDPH) issued a guidance document that updates existing guidance regarding the use of cloth face coverings by the public when outside the home. Under the new mandate, individuals in California must wear face coverings in the following “high-risk” situations, as provided in the updated CDPH guidance:

On June 17, 2020, Governor Ducey announced an enhanced COVID-19 Action Plan that includes an executive order providing that the Arizona Department of Health Services shall implement a system for contact tracing. The order also provides that a county, city, or town may, based on conditions in its jurisdiction, adopt policies regarding the wearing of face coverings in public for the purpose of mitigating the spread of COVID-19.

By Seth Locke, Alexander Canizares, Paul Korol

Defense contractors’ costs resulting from the COVID-19 crisis are projected to be in the “lower end” of the “double-digit of billions of dollars,” according to Ellen Lord, Undersecretary of Defense for Acquisition and Sustainment, who testified before Congress on June 10, 2020.

Ms. Lord told the House Armed Services Committee that COVID-19–related costs facing the defense industrial base include paid leave costs as well as costs related to stop work orders, purchases of personal protective equipment, cleaning and sterilization, and scheduling delays.

Ms. Lord said that, without additional appropriations from Congress, the Department of Defense (DoD) will likely be unable to meet the costs of reimbursing contractors for paid leave under section 3610 of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act).

By KoKo Huang

There are indications that President Donald Trump may expand his April 22, 2020, proclamation, which temporarily suspended the entry of certain immigrants into the United States. The expansion could temporarily bar individuals outside of the United States seeking to enter pursuant to H-1B, H-2B, L-1, and J-1 visas, among other nonimmigrant