Client Alerts Archives | PilieroMazza PLLC

Employee Retention Credit: Moratorium, Withdrawals, and March 22 Deadline for Voluntary Disclosure Program

By: Abigail “Abby” L. Baker, Sarah L. Nash, Paul H. Tracy

The Employee Retention Credit (ERC)—sometimes called the Employee Retention Tax Credit or ERTC—is a refundable tax credit for certain eligible businesses and tax-exempt organizations that had employees and were affected during the COVID-19 pandemic. Amid growing concerns about aggressive marketing and scams involving fraudulent activity, the Internal Revenue Service (IRS) has announced several initiatives aimed at helping small businesses concerned about an ineligible ERC claim. In this client alert, PilieroMazza summarizes key points of the ERC and important considerations to . . . Read More

The Corporate Transparency Act: Updates, Requirements, and Enforcement for Small Businesses

Client Alerts, Business & Transactions 02.20.24

By: Isaias “Cy” Alba, IV, Abigail “Abby” L. Baker, Paul H. Tracy

The Corporate Transparency Act (CTA) has been a hot topic for small business owners since its inception. As we approach its effective date on January 1, 2024, it’s crucial to understand CTA’s implications for small businesses. Below, attorneys in PilieroMazza ’s Business & Transactions Group offer guidance to small business owners and their senior officers on CTA compliance and potential criminal and monetary penalties for failure to report information required by the CTA. PilieroMazza attorneys will also present “Understanding the Corporate Transparency Act: Implications and . . . Read More

February 14 Deadline: Employers Must Inform Current and Former Employees of Void California Non-Competes or Face Unfair Competition Violations

Client Alerts 01.29.24

By: Nichole D. Atallah, Zachary S. Stinson

Companies with California employees who are subject to non-competes have a fast-approaching deadline of February 14, 2024, to notify those individuals that these agreements are void or risk legal liability under a new California law. While California has long been hostile to non-compete agreements and other restrictive covenants, the legislature passed an amendment to Section 16600 of the Business and Professions Code mandating California employers send written notice to current and certain former employees that their non-compete clauses or agreements . . . Read More

Successor Government Contractor Hiring Obligations Change: DOL’s Long Awaited Nondisplacement Rule Effective February 12, 2024

Client Alerts 12.20.23

By: Nichole D. Atallah, Sarah L. Nash, Kirby Rousseau

On December 14, 2023, the Department of Labor’s (DOL) Wage and Hour Division (WHD) published its long-awaited Final Rule , “Nondisplacement of Qualified Workers Under Service Contracts.” The rule defines service contractors’ latest obligations to offer certain incumbent employees a right of first refusal and implements the Biden Administration’s Executive Order (EO) 14055 , which PilieroMazza previously wrote about here . While previous iterations of the Service Contract Act’s (SCA) nondisplacement obligations may have been implemented, the Final Rule includes a number of heightened obligations and responsibilities . . . Read More

SBA Tightens Enforcement of HUBZone Regulations

Government Contracts, Client Alerts 09.26.23

By: Antonio R. Franco, Jon Williams, Isaias “Cy” Alba, IV, Matthew E. Feinberg

Government contractors maintaining or seeking HUBZone certification should make themselves aware of the Small Business Administration’s (SBA) recent efforts to tighten and enforce new and existing rules surrounding the HUBZone program. In this client alert, PilieroMazza details the SBA’s enforcement efforts and the major implications for HUBZone contractors who do not comply with program requirements. On September 20, 2023, the SBA issued a press release announcing its plan to strengthen enforcement of HUBZone regulations. The press release, titled “U.S. Small Business Administration Acts . . . Read More

Reducing the Negative Impacts of a Government Shutdown for Federal Contractors

Government Contracts, Client Alerts 09.21.23

By: Jon Williams, Nichole D. Atallah, Patrick T. Rothwell

Once again, the specter of a government shutdown looms over the federal contracting community. The federal government is set to run out of funding on September 30 and tensions in the House are making it ever more likely that a shutdown will occur. Below are key steps your business should take to mitigate the possible negative impact of a government shutdown, along with shutdown-related labor and employment considerations for government contractors. A. Mitigating Damages Understand the likely consequences of a . . . Read More

SBA to Require Individually-Owned 8(a) Firms to Support Social Disadvantage Prior to 8(a) Award Approval

Government Contracts, Client Alerts 08.17.23

By: Meghan F. Leemon

As PilieroMazza recently reported , on July 19, 2023, the U.S. District Court for the Eastern District of Tennessee declared that the Small Business Administration’s (SBA) rebuttable presumption of social disadvantage violated the equal protection rights of a government contractor and prohibited SBA’s use of the rebuttable presumption in administering the 8(a) Business Development Program. Below, we cover important developments 8(a) contractors should pay close attention to in order to stay in compliance and compete for and be awarded 8(a) contracts. . . . Read More