By Mani Dabiri | Published July 29, 2020 | Posted in Civil Business Litigation and Investigations, White-Collar and Regulatory Defense | Tagged Tags: businessandcommerce, laborandemployment |
The ADA Celebrates Its Flirty Thirty
This week marks the 30th anniversary of the Americans with Disabilities Act, the federal law that bans discrimination based on disability in all parts of public life. Signed into law on July 26, 1990, it opens access for people to jobs, school, transportation, and private places of public accommodation like hotels and restaurants. To commemorate Read More
Read MoreFTC and FDA Warn Against False Covid Claims
As federal courts slowly begin to reopen in phases, the government’s pursuit of Covid fraud continues apace. In particular, two agencies—the Federal Trade Commission and the Food and Drug Administration—are issuing warning letters to businesses selling or marketing products that purport to treat or prevent Covid-19. Think oils, herbs, vitamins, minerals, or supplements. But it can Read More
Read MoreFTC Warns Nursing Homes Not to Take People’s Stimulus Checks
The Federal Trade Commission has clarified something for nursing homes and assisted-living facilities: their residents’ stimulus checks belong to them, not the facility, so you can’t take it from them. Reportedly, some facilities have requested or required that people on Medicaid sign over the checks. Don’t do that. As the FTC’s notice explains, these checks are, by law, personal Read More
Read MoreThe SBA’s FAQs on the PPP
Here’s the government’s FAQ sheet on the Paycheck Protection Program, current as of today. It may not have all the answers, but it gives relatively simple answers to 47 questions by lenders, borrowers, and others. Here’s a sampling: Do payments to independent contractors count toward payroll? No. See Question 15. Do part-time employees count? Yes, for eligibility but no, Read More
Read MoreMotive Meets Opportunity
Well, that didn’t take long, either. Yesterday, the Justice Department charged the very first case of fraud against the relief program set up to help small businesses weather the lockdown. Prosecutors charged two businessmen with fraudulently seeking over $500,000 in forgivable loans meant to defray the cost of their payroll, rent, utilities, or mortgage interest. Allegedly, the two Read More
Read MoreThe Feds Prioritize Covid Fraud
Well, that didn’t take long. Amid all the madness surrounding coronavirus, the U.S. Justice Department has ordered all 93 of its federal districts to do two things: Prioritize the prosecution of Covid-related scams in general; and Create special task forces that target fraud, waste, or abuse in the provision of goods or services. In this Read More
Read MorePut that New-Year Resolution on Hold
That’s what a federal court in California said to the state legislature two days before a new employment law was to go into effect. The new law, Assembly Bill 51, would’ve banned mandatory arbitration agreements with employees. It also would’ve banned agreements that required folks to opt out of arbitration. And it would’ve barred retaliation against those Read More
Read MoreFTC Sues Over Phony Business Practices Online
Speaking of online reviews, the Federal Trade Commission just moved to settle two cases against businesses it alleged engaged in deceptive acts or practices online. In the first, the agency alleged the defendants sold fake likes, views, followers, and subscribers on YouTube, LinkedIn, Twitter, Pinterest, and other platforms. And they did not discriminate. They sold to everyone: Read More
Read MoreCFTC Publishes Enforcement Manual for First Time
On May 8, the Enforcement Division of the Commodity Futures Trading Commission published its Enforcement Manual for the first time. The Manual’s purpose is twofold: to explain the role of the Enforcement Division within the CFTC and to set general policies and procedures that guide it in detecting, investigating, and prosecuting violations of law. There’s too much Read More
Read MoreCalifornia’s Cannabis Regulations for Manufacturers
We turn next in our series to the businesses who make edibles, topicals, concentrates, and other such products out of the plant material. Your regulations come from the Department of Public Health, but they resemble those of the Department of Food and Agriculture (for growers) and the Bureau of Cannabis Control (for retailers, testing labs, Read More
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