On May 8, 2020, Congresswomen Anna Enshoo and Cathy McMorris introduced the Caring for Startup Employees Act of 2020 , a bipartisan piece of legislation aimed at granting more economic assistance to startup companies through the Paycheck Protection Program (PPP). Should this bill become law, it would dramatically increase the number of companies eligible for PPP loans. Under current Small Business Administration (SBA) guidance and regulations—specifically the agency’s “affiliation rules”—many startups are unable to receive PPP funds because they do not have a majority shareholder. The Caring for . . . Read More
In light of the public health emergency caused by COVID-19, the Equal Employment Opportunity Commission (EEOC) announced that it will delay collection of EEO-1 Component 1 data until March 2021. Under federal law, businesses with at least 100 employees and federal contractors with at least 50 employees and a federal contract of $50,000 or more generally must file an EEO-1 form each year. This development gives government contractors a one-year extension to file their 2019 Component 1 data. Many employers . . . Read More
PilieroMazza is pleased to announce that Kathryn Hickey, Lauren Brier , and Sara Nasseri are now among the Firm’s 13 attorneys distinguished with a listing in the 2020 edition of Super Lawyers® . Attorneys from PilieroMazza’s four core practice areas—including Government Contracts , Business & Transactions , Labor & Employment , and Litigation & Dispute Resolution —are represented in this year’s list. Super Lawyer® Kathryn Hickey is a partner and the chair of PilieroMazza’s Business & Transactions Group, where she counsels commercial businesses and government contractors in matters involving general business concerns, including mergers and acquisitions, venture capital investments, . . . Read More
On May 6, 2020, members of the Senate Finance Committee introduced the Small Business Expenses Protection Act of 2020 (“the Act”), legislation that would allow some small businesses to deduct from their taxes expenses paid with their forgiven Paycheck Protection Program (“PPP”) loan. Should this bill become law, it would greatly modify current regulations surrounding tax-deductible expenses for small businesses. On April 30, 2020, the Internal Revenue Service (“IRS”) issued a notice stating that no tax deduction is allowed for an expense that results in PPP loan forgiveness. . . . Read More
The timing and substance of the next COVID-19 relief bill may hinge on the issue of liability. . . . The liability issue gathered steam with comments made by President Donald Trump before he signed an Executive Order designed to keep meat and poultry plants operating. Trump said the E.O. would “solve any liability problems” those companies are facing. Issued using the authority of the Defense Production Act, the E.O. “clarifies which safety standards companies must follow — those found in the joint . . . Read More
As we recently wrote , the FAR Council published a final rule (Rule) on February 27, 2020 that amends the Federal Acquisition Regulation (FAR) to capture regulatory changes made by the Small Business Administration (SBA) in 2013, including those pertaining to size representation/certification. However, in drafting the Rule, the FAR Council made a critical change that not only deviate from SBA regulations, but also run counter to everything we know about when the size status of a contractor is determined. All small . . . Read More
On May 5, 2020, the Small Business Administration (“SBA”) and U.S. Treasury Department (“Treasury”) revised their FAQ concerning the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) and the Paycheck Protection Program (“PPP”). Of note, this new guidance clarifies PPP loan forgiveness amount calculations and extends the deadline for PPP borrowers to return loan proceeds. According to Question 40 of the FAQ, a PPP loan borrower’s forgiveness amount will not be reduced should the company make a good faith attempt, . . . Read More
For a third consecutive year, PilieroMazza ’s Government Contracts attorneys and their thought leadership take the #1 position in this year’s JD Supra Readers’ Choice Top Firm 2020 Award . Recognized by readers as the Firm’s leading author for content on government contracts law is Sam Finnerty , who earned the JD Supra Readers’ Choice Top Author 2020 Award as one of their top 10 authors. To put this achievement in perspective, last year, more than 50,000 authors published their insights and commentary on JD Supra, and of those, over 1,500 published content pertaining to government contracting. “This is a great accomplishment . . . Read More
Presented by Nichole Atallah and Sarah Nash . If Service Contract Act (SCA) compliance wasn’t tricky enough already, federal and state programs providing for COVID-related leave and payments have raised unique SCA compliance concerns. In a time of uncertainty, the last thing government contractors need is to take an action that could precipitate a Department of Labor (DOL) investigation or client scrutiny. Join PilieroMazza ’s Nichole Atallah and Sarah Nash as they examine practical strategies to help avoid SCA pitfalls when implementing COVID-related leave and payment policies. Learning . . . Read More
In COVID-19 times, one of the ongoing challenges for contractors is how to obtain upward equitable adjustments for increased operating costs due to the crisis. These costs could include more janitorial services, reconfiguring and/or refurnishing workspaces, changing processes and/or systems, overcoming supply chain fluctuations, enabling more remote work, compartmentalizing work groups, implementing shift work, allotting administrative time for health checks, giving more transportation and parking benefits, providing Personal Protective Equipment (“PPE”), adding headcount made necessary by changes, as well as . . . Read More
