The SBA Releases PPP Loan Forgiveness Application, Instructions and Formal Guidance

Sarah Longson
Sarah Longson
05/28/2020
The SBA released the long-awaited PPP loan forgiveness application form and instructions, as well as Formal Guidelines replacing previous guidance on loan forgiveness. Loan Forgiveness Process A borrower must submit the Loan Forgiveness Application (SBA Form 3508) to its lender, together with necessary documentation identified in the application.  The lender will decide regarding loan forgiveness sixty (60) days from receipt of the application...
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Fourth Circuit Rejects Professor's Pay Discrimination Claim

On March 18, 2019, the United States Court of Appeals for the Fourth Circuit affirmed a grant of summary judgment to Virginia State University, rejecting a sociology professor’s claims that she was paid less than two male colleagues because she is a woman. The Court agreed with Senior District Court Judge Henry Hudson that the disparity in pay was the result of differences in job responsibilities, as well as the fact that the men had both been...
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Maryland Court Dismisses Discrimination Claims Based on Employer's Background Check

Eric Paltell
Eric Paltell
01/24/2019
In the Internet age, many employers take it upon themselves to do their own "informal" background check on new hires by Googling the person's name to see what comes up.  While it is not illegal to conduct such searches, a recent court decision from a Maryland federal judge shows that these searches may lead to litigation. In the case of Bing v. Brivo Systems, LLC, No. PX-18-1543 (D. Md. 1/22/19), Plaintiff Bing applied for a  job as a Customer...
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First Circuit Holds University's Response To Sex Harassment Is Retaliation

Bernadette Hunton
Bernadette Hunton
08/15/2018
Now more than ever, employers are aware of their obligation to take prompt remedial action in response to complaints of sex harassment.  But what happens when the employer’s attempt to placate a complainant through voluntary transfer results in less favorable work conditions?  Well, now the complainant has a cause of action for retaliation, explained the First Circuit in Carlson v. Univ. of New England, No. 17-1792 (1st Cir. 8/10/18). In this...
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FLSA Tip Regulations Facing Repeal By DOL

Kollman & Saucier
Kollman & Saucier
02/16/2018
Prior to and during my college years, I supported myself by working as a server in restaurants.  It was fast-paced, hard work with very long hours most of the time.  Dealing with hungry and demanding diners also had its mentally exhausting moments.  My restaurant job history is near and dear to my heart.  So when I learned about the Department of Justice’s proposal to remove Obama-era regulations prohibiting certain employers...
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K & S Model Maryland Healthy Working Families Act (MHWFA) Notice

Randi Klein Hyatt
Randi Klein Hyatt
02/14/2018
As explained this past Sunday, the Maryland Department of Labor, Licensing and Regulation (DLLR) has issued its own sample employee notice that employers may use to comply with the Maryland Healthy Working Families Act’s (MHWFA) notice posting requirement.  That said, the DLLR model notice is optional; employers are free to provide a similar notice as long as it provides the required information (see Sunday's post for more details). We have...
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Animal Planet and the Law

Darrell VanDeusen
Darrell VanDeusen
07/13/2017
Part One - the Monkey Selfie case I read today about the Ninth Circuit argument held July 12 in Naruto v. David Slater, et al., No. 16-15469 (9th Cir.).  Known as the “monkey selfie” case, the matter involves a wild Celebes crested macaques (Naturo) who used a camera set up by a nature photographer to take a picture of herself.  The picture went viral on social media and brought fame to Naturo.  See, e.g.,...
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Mechanic’s Harassment Claim Revived By Tenth Circuit

Garrett Wozniak
Garrett Wozniak
05/19/2017
Shane Jones was a mechanic for Needham Trucking, LLC (Needham) for approximately seven months in 2014.  Jones alleged that Needham fired him because he refused to have sex with his direct supervisor, who was also a shareholder of the Company.  Jones v. Needham, No. 16-6156 (10th Cir. May 12, 2017). In filings with the EEOC, Jones claimed sex discrimination, retaliation, and sexual harassment.  Jones also stated that another mechanic -- who did...
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Help, I Am Stranded in a Remote Country With a Nigerian Prince Who Will Give You Millions

Darrell VanDeusen
Darrell VanDeusen
05/02/2017
Ever wonder where union dues go?  Maybe to some hackers in a foreign land.  We have repeatedly heard horror stories of email scams, hacks and the general badness out there on the internet.  Well, a chapter of the Communication Workers union in Connecticut got hacked for $438,000 and the social security numbers of over 1,000 members. Here’s what happened.  A payroll company handled the CWA’s finances and issued checks for the union.  The...
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Holidays in the Workplace: Do You Fear What I Fear?

Bernadette Hunton
Bernadette Hunton
12/07/2016
Probably not if you’re like any other business.  After all, ‘tis the season to boost company morale and show appreciation for staff with parties and time off and bonuses too!  Below I offer a few tips for mitigating clean-up of the post-holiday legal mess these issues have the potential to create. Away with that Manger. Decorations are key to a festive atmosphere and there is no reason you should stop decking your office halls out of fear...
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