Friday, March 27, 2020

The Family First Coronavirus Response Act


The current pandemic has caused a flurry of legislation. For most business owners, the most important, immediate law to pass is The Families First Coronavirus Response Act.  Below is information on FFCRA and links to a few useful websites, including an SBA website for small business grants and website by the California Realtors Association.
Exemptions for Small Businesses
We have received inquiries about one provision of that law.  Small businesses can be exempt for hardship by the Federal Department of Labor for certain provisions of the law.  How to apply for an exemption has not been published yet.  The latest guidance from the DOL is:
If providing child care-related paid sick leave and expanded family and medical leave at my business with fewer than 50 employees would jeopardize the viability of my business as a going concern, how do I take advantage of the small business exemption?
To elect this small business exemption, you should document why your business with fewer than 50 employees meets the criteria set forth by the Department, which will be addressed in more detail in forthcoming regulations.
You should not send any materials to the Department of Labor when seeking a small business exemption for paid sick leave and expanded family and medical leave.
If you believe you could qualify for this exemption, document in detail now. Further regulations will be made detailing how to apply.
Below is information on FFCRA and below are links to a few useful websites, including an SBA website for small business grants and website by the California Realtors Association.
The Families First Coronavirus Response Act
The Families First Coronavirus Response Act (FFCRA) includes provisions for free testing, paid sick leave and family leave, unemployment aid, and nutrition assistance. It will be in effect April 2 through December 31, 2020.  FFCRA amends several laws, especially those relating to employees and the tax code.  Some major provisions are summarized below.
Family Leave
FFCRA expands upon the Family and Medical Leave Act (FMLA) for businesses with fewer than 500 employees. Employees employed for at least 30 calendar days can take up to 12 weeks of protected leave to care for a child under the age of 18 when the child’s school or daycare is closed due to a public health emergency related to COVID-19. Additional stipulations include the following:
The first 10 days may be unpaid, but employees can use accrued paid leave (vacation or sick days, for example)
After the initial 10 days, pay for each workday is based on the employee’s normal   

Saturday, March 21, 2020

Trademarks: What to Know and How to Look at Them by Eric D. Morton

This is a recent presentation I gave for the Attorney Action Club of San Francisco (via Zoom). The emphasis of the presentation is on how to think about trademarks, how to look at them and what is really important about them - Use!