Weekly Legislative Update June 1, 2020


Fix PPP Small Business Coalition Letter
Dear Speaker Pelosi, Leader McConnell, Leader McCarthy, Leader Schumer, Secretary Mnuchin, and Administrator Carranza:
We are writing to request emergency legislative and administrative action to: (1) repeal the Paycheck Protection Program's (PPP) 75%-25% rule, (2) extend the eight-week period for purposes of calculating loan forgiveness, and (3) extend the June 30 safe harbor date for rehiring and restoration of pay. These steps would conform the PPP with the reality of the gradual reopening now occurring across the United States and would help ensure that more small businesses remain in operation.
The undersigned small business organizations are grateful for the efforts underway by Congress, the U.S. Small Business Administration (SBA), and the U.S. Department of Treasury (Treasury) in the creation, development, and implementation of the PPP. The current rules made sense when the program was created, and it was anticipated that stay-at-home orders would last only a few weeks. However, their implementation in the current environment is making it harder for small businesses to survive. Small businesses that close permanently will never be able to rehire their employees.
These three modest changes would help ensure that the liquidity provided through the PPP can be deployed in a manner that is most likely to allow a small business to remain operational. Specifically, these changes would help small business owners who need capital for overdue rent payments, the re-start of vendor contracts, and other necessary expenses. In addition, the extended deadlines would permit a more orderly return to work consistent with the phased reopening.
Thank you for your consideration.
The Tire Industry Association and other trade organizations. 


Wage and Hour Division Announces Final Rule to Expand Access to Bonuses for American Workers
The U.S. Department of Labor's Wage and Hour Division (WHD) announced a final rule that allows employers to offer bonuses or other incentive-based pay to employees whose hours vary from week to week.
The rule revises the regulation for computing overtime compensation for salaried, non-exempt employees who work hours that vary each week (i.e., a fluctuating workweek) under the Fair Labor Standards Act (FLSA). It also clarifies that bonuses, premium payments, commissions, and hazard pay on top of fixed salaries are compatible with the fluctuating workweek method of compensation, and that employers must include supplemental payments when calculating the regular rate of pay as appropriate under the FLSA. The final rule includes examples and minor revisions to make the rule easier to understand.
The Notice of Proposed Rulemaking was available for public comment for 30 days. The Department received approximately 36 comments on the proposal, all of which are available to the public at www.regulations.gov.   
For more information about the Final Rule, please visit www.dol.gov/agencies/whd/overtime/fww