COVID-19
Federal Relief – On a 51-50 procedural motion with the tie-breaking vote cast by Vice President Harris, the U.S. Senate voted to begin debate on President Biden’s $1.9 Trillion stimulus package. The process will likely play out over the weekend and perhaps even into early next week with countless amendments being offered – the so-called “vote-a-rama.” GOP unity against the procedural motion suggested that no Republican will vote in favor of the legislation on final passage. Once it passes the Senate, the legislation will have to go back to the House for final approval before being sent to Biden’s desk for his signature. House Speaker Nancy Pelosi has guaranteed the House will pass the Senate’s version of the bill. More details.
Paycheck Protection Program – Numerous states were active this week in limiting the tax exposure for employers who accepted PPP monies or other SBA loans. Arizona, Arkansas, Idaho, Georgia, and New Jersey advanced legislation to more formally conform their state laws with existing IRS guidance around loan deductibility and/or tax exemptions. Unfortunately, Utah’s Department of Revenue determined that while PPP expenses will be fully deductible, PPP forgiven loans will be treated as taxable income. More details.
Liability – Bills that would shield businesses from COVID-19 liability continue to advance in a number of chambers. The Florida house is poised to approve a bill already passed by the senate and Kansas lawmakers are also advancing legislation through the process. Unfortunately, a Minnesota Senate Committee tabled legislation this week, backed by the business community, that would have provided protections. Critics suggested that it would unfairly protect intentional bad actors. More details.
Wages
Hawaii – Two senate committees advanced legislation calling for an increase in the minimum wage to $12/hr by July 1, 2022.To Access Align's Analysis: Log In or Subscribe
Hazard Pay – Numerous jurisdictions in California and Washington moved forward with proposals to mandate additional hourly pay for grocery workers.To Access Align's Analysis: Log In or Subscribe
P. Terry’s – The Texas-based regional burger stand chain announced it was increasing its minimum starting wage for full-time employees to $15/hr.To Access Align's Analysis: Log In or Subscribe
Paid Leave
Philadelphia, PA – A city council committee advanced legislation reinstating a mandate that Philadelphia employers provide two weeks of paid sick leave to employees unable to work due to COVID-19.To Access Align's Analysis: Log In or Subscribe
New Mexico – Legislation mandating one hour of earned sick leave for every thirty hours worked passed the house and now moves to the senate.To Access Align's Analysis: Log In or Subscribe
Scheduling
Oregon – Legislation requiring employers to reasonably accommodate an employee’s work schedule availability relative to child care received its first hearing in a senate committee.To Access Align's Analysis: Log In or Subscribe
Labor Policy
California – The state supreme court ruled in a case that will likely further increase employers’ risk of class action lawsuits arising out of meal periods.To Access Align's Analysis: Log In or Subscribe
Chipotle – The company settled a class action lawsuit filed in 2017 claiming that nearly 5,000 employees were inappropriately classified by the company as “apprentices” and thereby exempting them from overtime.To Access Align's Analysis: Log In or Subscribe
Delivery
Encinitas, CA – The city adopted an emergency ordinance limiting the delivery fees charged by restaurant food delivery services to 15 percent of the menu-priced items.To Access Align's Analysis: Log In or Subscribe
Indianapolis, IN – The city council passed an ordinance capping third-party delivery fees at 15 percent and prohibiting delivery services from charging restaurants more than 5 percent for any fees other than the delivery fee.To Access Align's Analysis: Log In or Subscribe
Alcohol
Arizona – Legislation to allow for cocktails to go as well as home delivery of beer, wine and spirits passed the house.To Access Align's Analysis: Log In or Subscribe
Colorado – Legislation to extend by five years the existing temporary order allowing restaurants and bars to offer alcoholic beverage takeout and delivery was advanced by a house committee.To Access Align's Analysis: Log In or Subscribe
Georgia – A senate committee unanimously advanced legislation that would make to-go cocktails from restaurants legal in Georgia.To Access Align's Analysis: Log In or Subscribe
Kansas – The house passed legislation permanently allowing Cereal Malt Beverages (3.2 percent or lower) to-go from restaurants and bars.To Access Align's Analysis: Log In or Subscribe
Kentucky – A house committee advanced legislation that would allow restaurants and bars to sell alcohol, including cocktails, in sealed containers for delivery and to-go orders as part of meal purchases.To Access Align's Analysis: Log In or Subscribe
Washington – The governor signed legislation providing a one-year waiver of the annual liquor license fee paid by bars and restaurants.To Access Align's Analysis: Log In or Subscribe
West Virginia – Legislation permitting cocktails to-go and home delivery of beer, wine and spirits, passed the house and now moves to the senate.To Access Align's Analysis: Log In or Subscribe
Packaging
Washington – The senate passed legislation that would ban the sale and distribution of expanded polystyrene beginning June 1, 2023 and mandate that single-use food service products such as utensils, straws, and lids may only be provided upon customer request.To Access Align's Analysis: Log In or Subscribe