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The First 100 Days: President Biden Signs Memo on Tribal Consultation and Strengthening Nation-to-Nation Relationships, February 4, 2021, Tony Franco Last week, President Biden signed a Memorandum on Tribal Consultation and Strengthening Nation-to-Nation Relationships. In the memorandum, President Biden says “It is a priority of my Administration to make respect for Tribal sovereignty and self-governance, commitment to fulfilling Federal trust and treaty responsibilities to Tribal Nations, and regular, meaningful, and robust consultation with Tribal Nations cornerstones of Federal Indian policy.” The memo also reaffirms Executive Order 13175, which “charges all executive departments and agencies with engaging in regular, meaningful, and robust consultation with Tribal officials in the development of Federal policies that have Tribal implications.” Read more here. ....
DOJ Announces FY 2020 Fraud and FCA Recovery Statistics: What They Mean for 2021, January 20, 2021, Matt Feinberg and Camilla Hundley The Department of Justice (DOJ) announced that it recovered more than $2.2 billion in settlements and judgments from civil cases involving fraud and the False Claims Act (FCA) in Fiscal Year (FY) 2020 (ending September 30, 2020). DOJ’s FY 2020 fraud and FCA recovery statistics report accompanied the announcement. With a global pandemic that often delayed proceedings, the $2.2 billion in recoveries was DOJ’s lowest haul since 2008. Although the announcement and report revealed a significant decline in recoveries relative to FY 2019, DOJ’s 2020 fraud and FCA statistics confirmed that the FCA remains an effective enforcement tool about which government contractors and companies that do business with government contractors should be wary in 2021 and beyond. Read more here. ....
The Fair Labor Standards Act (FLSA) establishes federal minimum wage, overtime pay, and recordkeeping requirements. Administration of the FLSA can be complex, with the consequences of violation leading to stiff penalties. In 2020 the Department of Labor (DOL) collected an average of $706,000 per day in back wages, and that number does not include recovery from lawsuits filed in federal and state court. Join Nichole Atallah and Matt Feinberg on February 24, 2021, at 2 PM ET as they discuss common employer missteps in application of the FLSA, best practices for FLSA compliance, and how to prepare if an audit or litigation arises. They’ll cover: ....
2021 Labor and Employment Spotlight: A List of Key Legal Updates for Employers, January 13, 2021, Nichole Atallah, Sara Nasseri, and Sarah Nash Undeniably, 2020 was a year like no other. Faced with a global pandemic and a tumultuous election, employers were presented with a unique set of challenges and a myriad of new and at times, very vague laws and regulations. Despite the start of a new year and a new administration in just a week, much of 2020 still lingers on, including some of its novel policies. However, the new year and new administration also signal a shift in direction for labor and employment law, and employers should be prepared. ....
The recent $900 billion COVID-19 economic relief package is delivering long-overdue help to businesses and individuals. The related legislation, the Consolidated Appropriations Act, provided more than $300 billion in aid for small businesses. It also ensured tax deductibility for business expenses paid with forgiven Paycheck Protection Program (PPP) loans, provided fresh PPP funding, and offers businesses facing severe revenue reductions the opportunity to apply for a second loan. However, it did not renew Families First Coronavirus Response Act-related leave requirements, and it did not include immunity provisions for businesses from coronavirus-related lawsuits. With these and other developments, understanding how the new law impacts your business is essential to positioning it for success in 2021. ....