On November 4, 2021, the Occupational Safety and Health Administration (OSHA) released the 490-page text of its much anticipated Emergency Temporary Standard requiring employers with 100 or more employees to mandate vaccinations and/or testing (the “Rule”). Many...
Vaccination and the Workplace
Both employers and employees are faced with uncertainties as they continue to deal with COVID-related issues. Included among those issues are whether the employer may require vaccinations for the employees. While this area of the law continues to develop, the...
The Georgia Restrictive Covenants Act and a Summary of Cameron Martin v. Hauser, Inc.
Summary The Georgia State-wide Business Court (the “Business Court”) recently clarified several important issues related to restrictive covenants. These clarifications offer words of caution to employers. History of the Georgia Restrictive Covenants Act In 2011,...
Bernie Sanders’ Tax Bill Proposes Major Reductions to Tax-Free Estate Planning
Senator Bernie Sanders released his proposed estate and gift tax reform legislation (called the “For the 99.5 Percent Act”) on Thursday, March 25, and its provisions, if enacted, will have a significant impact on estate planning for not only the very wealthy but also...
Summary and Action Steps Related to Georgia COVID-19 Pandemic Business Safety Act
On Wednesday, August 5, 2020, Governor Brian Kemp signed into law S.B. 359, the Georgia COVID-19 Pandemic Business Safety Act (codified at Official Code of Georgia §§ 51-16-1 to 61-16-5) (the “Act”). The Act limits the liability of businesses, churches, schools,...
Supreme Court Rules That BOOKING.COM Is Not Generic; Can Be Registered As a Trademark
After the U.S. Supreme Court's first oral argument ever conducted by phone (due to Covid-19 restrictions), the Court recently held in an 8-1 decision in United States Patent and Trademark Office v. Booking.com B.V. that the domain name BOOKING.COM could be registered...
Certification of Need for PPP Loan, Safe Harbor for Return of PPP Funds, and PPP Audits
Many thousands of businesses and nonprofit organizations across the United States have applied for Paycheck Protection Program Loans (“PPP Loans”). Recent news reports have highlighted certain borrowers who have returned PPP Loan funds because they did not believe...
COVID-19 Update for Non-Religious and Faith-Based For-Profit and Nonprofit Employers
As employers, businesses and nonprofit organizations have many questions about the impact of the various relief measures enacted by Congress or implemented by the United States Government, including Small Business Administration (SBA) loan programs, tax credits, paid...
The CARES Act—Economic Injury Disaster Loan (EIDL) Program, EIDL Grants/Advances, and the Paycheck Protection Program Loan (PPP Loan)
This advisory will provide summaries of the following: I. Economic Injury Disaster Loan (EIDL) Program and Emergency EIDL Grants/Advances under the CARES Act (Sections 1107 and 1110) as enacted on March 27, 2020. II. Paycheck Protection Program Loan (“PPP Loan”) Key...
Partnership and LLC Agreements Require Amendment Due to Major Changes to Tax Audit Rules for Tax Years Beginning After December 31, 2017
SUMMARY: The Bipartisan Budget Act of 2015 (“BBA”) enacted major changes to federal income tax law regarding IRS audits of entities taxable as partnerships and their partners/members. The new rules, including proposed regulations, become mandatory for tax years...