Refreshing Relief or Return of the Robocalls?
In a long-awaited decision, the United State Supreme Court issued a ruling in Facebook, Inc. v. Duguid, No. 19-511, on April 1, 2021, concluding that, to qualify as an autodialer under the Telephone Consumer Protection Act (“TCPA”), a device must have the capacity to use a random or sequential number generator to store or to produce phone numbers.
Will the Federal $15 Minimum Wage Become Reality? Part II
On February 15, 2021, Stites & Harbison, PLLC issued a client alert regarding the status of the proposed $15 minimum wage increase to be included in the “American Rescue Plan” for COVID-19 relief, and discussed the role the parliamentarian would likely play. Thursday evening, February 25, 2021, the Senate parliamentarian ruled that the proposal was not appropriate for inclusion in the relief package using the budgetary reconciliation process.
Can You Spare an Extra $7.75? Will the Federal $15 Minimum Wage Become a Reality?
I have more than one client who contacts me once every couple of weeks to ask, “where are we with the proposed federal $15 minimum wage?” And I think I can safely say that while in 2019, a majority of Americans surveyed were supportive of such an increase to the current $7.25 an hour, the political logistics of achieving this feat continue to be a challenge. Typically, the only thing I can tell clients is that there is a lot of discussion, but as of today it hasn’t yet happened, and it may not happen, but if it does you will be the first you know.
Data Privacy Day: Scanning Data Privacy Issues for 2021
Every January 28, the United States, Canada, and 27 countries of the European Union celebrate Data Privacy Day, which is an international effort to create awareness about the importance of safeguarding data and respecting privacy.
I Mailed It . . . But Can I Prove It?
The U.S. Postal Service has seen increased demands on its services over the last year. In fact, the majority of us have had an experience with a piece of mail that took a little longer than expected to get to its destination.
Hospitals, Are You in Compliance? Centers for Medicare & Medicaid Services Price Transparency Rule is in Effect
Although hospitals are still devoting their full attention and resources to responding to the ongoing COVID-19 pandemic, they are expected to comply with the Centers for Medicare & Medicaid Services (“CMS”) price transparency rule. After withstanding a recent legal challenge, the rule went into effect on January 1, 2021.
The New Stimulus Package and the Next Round of Paycheck Protection Program Loans
The Consolidated Appropriations Act, 2021 (the “Appropriations Act”), one of the longest bills ever passed in the history of the U.S. Congress, was signed into law on December 27, 2020. This legislation provides approximately $900 billion in new stimulus funding, of which $284 billion has been allocated to the Paycheck Protection Program (“PPP”).
PPP Update: AGC Lawsuit Hammers Away at the SBA, Alleging Violations of Borrowers’ Constitutional Rights
The Associated General Contractors of America, Inc. (“AGC”), the U.S. construction industry’s largest trade association, has taken dead aim at the controversial Paycheck Protection Program (“PPP”) loan necessity questionnaire (the “Questionnaire”) that was recently introduced by the U.S. Small Business Administration (“SBA”) and the so-called PPP “necessity” certification (the “Necessity Certification”). The Necessity Certification is the SBA requirement that PPP loan applicants certify in good faith that economic uncertainty makes the loan request necessary to support ongoing operations.