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GUIDANCE REGARDING EMPLOYEES RETURNING TO WORK As the State of Utah and local counties and municipalities around the state lift restrictions imposed in response to COVID-19, we wanted to address two new developments in Utah that may be helpful for employers to know as their employees return to work. First, the Utah Department of Workforce Services (“DWS”) has published Returning to Work FAQ for Employers, available here. One of the most frequently asked questions by employers may be: What if an employee refuses to return to work? Employers may have different obligations when answering that question under federal and state

DEPARTMENT OF LABOR GUIDANCE REGARDING FEDERAL PANDEMIC UNEMPLOYMENT COMPENSATION BENEFITS On April 4, 2020, the U.S. Department of Labor (“DOL”) issued Unemployment Insurance Program Letter (“UIPL”) 15-20, which provides guidance to states regarding the Federal Pandemic Unemployment Compensation (“FPUC”) Program created under Section 2104 of the CARES Act. The Program allows states to provide an additional $600 per week to individuals who are collecting regular unemployment compensation benefits through July 31, 2020. The guidance is primarily intended for states who will be administering the Program, but there is a key takeaway for employers: Reduced Employee Hours/Wages: UPIL 15-20 clarifies that

UPDATE: CORONAVIRUS AID, RELIEF, AND ECONOMIC SECURITY ACT PAYCHECK PROTECTION PROGRAM Over the weekend, the Small Business Administration (the “Administration”) published a Second Interim Final Rule to provide guidance in applying the affiliation rules under the Small Business Act (the “SBA”) to certain borrowers under the Paycheck Protection Program (the “Program”) set forth in the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”).  The Second Interim Final Rule is effective immediately, although the Administration will consider any comments received to the Second Interim Final Rule following its publication. The Second Interim Final Rule confirms that, subject to the

CORONAVIRUS AID, RELIEF, AND ECONOMIC SECURITY ACT PAYCHECK PROTECTION PROGRAM On April 2, 2020, the Small Business Administration (the “Administration”) published an Interim Final Rule to provide guidance to borrowers and lenders in applying for and disbursing loans (“Covered Loans”) under the Paycheck Protection Program (the “Program”) set forth in the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”). The Interim Final Rule is effective immediately, although the Administration will consider any comments received to the Interim Final Rule following its publication. The Interim Final Rule addresses, among other things, the following items: Clarifies that amounts paid by