Virginia Joins Maryland and Prohibits Covenants Not to Compete for Low-Wage Employees Effective July 1, 2020
Less than a year after Maryland limited competitive restraints employers may place on low-wage employees, Virginia passed a law prohibiting non-compete clauses for low-wage employees. On April 9, 2020, Virginia Governor, Ralph Northam, signed SB 480 into law, which will go into effect on July 1, 2020. The new law states that on and...
Read More
BREAKING NEWS: Latest SBA/Treasury Guidance Creates Safe Harbor for Economic Necessity Certification for All PPP Loans Under $2 Million
The Small Business Administration (“SBA”) and the Department of the Treasury (“DOT”) have been collaborating on guidance for compliance with the Paycheck Protection Program (“PPP”). But the “guidance” has been much more than guidance—it has taken on the aura of a rulemaking, promulgating interpretations of the underlying statute and establishing standards of enforcement. Further,...
Read More
How to Reduce Costs to Protesters and Streamline the Bid Protest Process Through Agency Level Protests
Most bid protests are filed with the Government Accountability Office (GAO) or brought before the Court of Federal Claims. However, there’s a third, often over-looked, forum to bring a bid protest – before the procuring agency itself. Agency-level protests were officially authorized by President Clinton in 1995 and are governed by Section 33.103 of...
Read More
PPP: How to Comply With the “Economic Uncertainty” Certification Requirement
IMPORTANT UPDATE TO THIS BLOG POST: On May 5, 2020 the SBA extended the safe harbor deadline by which recipients of PPP loans may payback the loan in its entirety and avoid the economic necessity certification to May 14. As we previously addressed on April 28, the SBA and the Department of the Treasury...
Read More
Loans Above $2 Million Taken Under the PPP Will Be Audited According to Treasury Secretary Mnuchin
As we have written about extensively, the CARES Act enacted in response to the coronavirus crisis established a Paycheck Protection Program (PPP) to provide forgivable loans to small businesses to sustain their payrolls. However, the loan can only be forgiven if certain conditions are met. In mid-April, the PPP received public scrutiny after several...
Read More
OHA Decision Illustrates the Importance of Reviewing Small Business Set-Aside Joint Venture Agreements Before Each New Opportunity
In CVE Protest of KTS Solutions Inc. (“KTS”), No. CVE-146-P, the SBA Office of Hearings and Appeals reminded everyone why it is vital to amend or supplement their joint venture agreement whenever your joint venture seeks a new bidding opportunity. KTS was connected to a U.S. Department of Veterans Affairs solicitation for non-emergency, special...
Read More