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Final Title IX Regulations Take Effect On August 14, 2020, new federal regulations under Title IX of the Education Amendments of 1972 went into effect, which further establish how education programs or activities that receive Federal financial assistance, including colleges and independent schools, shall respond to complaints on sexual misconduct. Colleges The new regulations indicate that colleges are required to address sexual misconduct that occurs on campus and in college programs, but do ...

On August 24, 2020, the U.S. Small Business Administration issued an interim final rule providing guidance on the Paycheck Protection Program under the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”). The interim final rule addresses topics such as the owner-employee compensation rule, shared spaces with tenants or sub-tenants, and loan forgiveness eligibility for rent payments to related parties. The interim final rule can be accessed here. Owner-Employee Compensation Rule ...

August 20, 2020  On August 8, 2020, the President issued an Executive Order and three Executive Memorandums aimed at providing relief following the expiration of the federal unemployment boost and other provisions of the CARES Act that expired.  Executive Order on Fighting the Spread of COVID-19 by Providing Assistance to Renters and Homeowners  This Executive Order, in response to the increased risk of residential evictions and foreclosures during the COVID-19 pandemic, directs the Secretary ...

On July 24, 2020, Governor Lamont enacted Executive Order 7JJJ.  The Order, in part, creates a rebuttable presumption of eligibility for workers’ compensation that an employee contracted COVID-19 as an occupational disease arising out of and in the course of such employee’s employment if (1) the employee initiates a claim for payment of workers’ compensation benefits and (2) the employee missed a day or more of work between March 10, 2020 and May 20, 2020 due to a diagnosis of COVID-19, or due t ...

The United States Supreme Court issued several landmark opinions this term amongst the most unique of circumstances. It was the first time since 1919 that the Supreme Court building was closed due to a pandemic. The Supreme Court also experimented with remote oral arguments in May.  The term featured a wide range of closely watched topics including DACA, the rights of LGBTQ employees, the Second Amendment, Presidential power, Free Exercise of religion, the Electoral College, abortion and more. ...

The Stop Hacks and Improve Electronic Data Security Act (the “SHIELD Act”), took effect in New York on March 21, 2020.  The SHIELD Act imposes certain data security requirements on “[a]ny person or business which owns or licenses computerized data which includes private information” of a resident of New York.  For the purposes of the Act, private information is personal information consisting of any information containing certain data elements (including social security numbers, driver’s license ...

On July 8, 2020, Updike, Kelly & Spellacy (“UKS”), through attorney Robert G. Pethick, achieved a major victory for its client New Haven Academy of Performing Arts (“NHAOPA”), when the East Haven Planning & Zoning Commission approved NHAOPA’s application for a 100-seat theater to the rear portion of its space in East Haven’s West End neighborhood.  The approval has gained positive feedback from the public seeking a revitalization of the arts in the area.  The following is a link to an a ...

The Greater New Britain Chamber of Commerce is presenting a two-hour sexual harassment training session in accordance with the mandates of Connecticut law.  As of October 1, 2019, all Connecticut employers with three or more employees are now subject to expanded notice and training requirements regarding the prevention of sexual harassment in the workplace.  Training Requirements:  Employers will be required to provide to a new employee a copy of information regarding the illegality of sexu ...

On June 9, 2020, the Connecticut judicial branch issued three orders regarding foreclosure and eviction matters: (1) staying service of all issued executions on evictions and ejectments through August 1, 2020; (2) opening judgments of strict foreclosure entered with law days before August 4, 2020 and extending the law day for the owner of the equity of redemption to August 4, 2020, with subsequent encumbrancers following in reverse order of priorities; and (3) cancelling all foreclosure sales sc ...

During a pandemic, may an ADA-covered employer take its employees’ temperatures to determine whether they have a fever? Generally, measuring an employee’s body temperature is a medical examination. However, because the CDC, EEOC and state/local health authorities have acknowledged community spread of COVID-19 and issued attendant precautions as of March 2020, employers may measure employees' body temperature. As with all medical information, the fact that an employee had a fever or other sy ...