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In DOL Loss, Judge Expands Virus Paid Leave Rule to More Workers

Aug. 3, 2020, 5:59 PM

Here are the day’s top coronavirus stories from the team at Bloomberg Law:

  • VIRUS PAID LEAVE RULE: A Manhattan federal judge has ruled that Trump administration restrictions on which workers can access a temporary federal paid leave program are illegal and must be removed from a Labor Department rule so that more employees can access emergency benefits.
  • ROBERTS HOLDS LINE: The U.S. Supreme Court hasn’t shown much willingness during the pandemic to second-guess emergency orders issued by public officials. In approximately two dozen emergency requests received by the justices challenging federal, state, or local orders, Bloomberg Law found that the conservative-majority court has favored Democratic and Republican-led governments in all of them, save a procedural defeat that the Trump administration eventually won.
  • HOBBLED BORROWERS: Emergency pandemic relief loans rushed much-needed relief to struggling small businesses, funneled through banks that promised hand-holding throughout the process. For some businesses, those hands would then wash themselves of the loans, by selling them to lesser-known—and lightly regulated—companies that may not have that same incentive.

Editor’s Top Picks

Employers Get Major Protections in GOP Liability Shield Bill
The Senate Republicans’ sweeping bill to shield businesses from coronavirus-related liability includes significant proposals that would protect employers from a range of workplace laws while also attempting to enact what some call “radical” tort reform.

Virus Bill Leaves Bankrupt Firms in Limbo Without SBA Directions
A new legislative proposal wants to steer stimulus package loans to bankrupt businesses, but its lack of specific directions to the loan administrator is stirring doubts that it could achieve the goal.

Court Asked to Ensure Benefit Recipients Get Full Virus Payments
A federal district court was asked to order the IRS and Treasury Department to ensure that recipients of disability, Social Security, and other federal benefits quickly receive a $500 virus relief payment for dependent children.

Extending $600 Jobless Benefits Could Save Lives, Fed Study Says
As Congress debates extending generous unemployment benefits, a new report says that keeping certain workers away from their jobs would save thousands of lives.

Eli Lilly’s Virus Antibody Drug Starts Testing in Nursing Homes
Eli Lilly & Co. will begin testing its Covid-19 antibody drug in nursing homes, a treatment with potential to protect vulnerable groups that vaccines may not cover.

CEOs Warn Congress of Small Business Failures Without More Aid
A group of U.S. corporate leaders led by Starbucks Corp.’s former head, Howard Schultz, pressed lawmakers for additional, longer-term support for small businesses, including federally guaranteed loans that could be turned into grants, at least partially, for those hardest-hit by the pandemic.

Bankruptcies Rip Through U.S. Mall Tenants With No End in Sight
At least 25 major retailers have now filed for bankruptcy this year, with 10 of these coming over the last five weeks. With conditions worsening, the numbers are likely to keep climbing.

EEOC Resumes Issuing Notices Allowing Workers to Sue Employers
Workers awaiting a go-ahead from the Equal Employment Opportunity Commission to sue their employers over allegations of discrimination will soon hear from the agency on next steps.

Ohio’s Signature-Matching Ballot Practices Targeted by Voters
Ohio’s practices for comparing signatures on submitted absentee ballots to the signatures on ballot applications are unconstitutional and shouldn’t be implemented in the upcoming election, the League of Women Voters said in a lawsuit filed Friday.

INSIGHT: How to Address Enterprise-Wide Legal Considerations After a Crisis
As businesses begin to emerge into a post-Covid world, legal challenges are expected to arrive in waves, say EY Global Law Leader Cornelius Grossman and Nicholas Bruch, leader of EY’s Global Tax and Legal Analyst team. They discuss findings in a new EY report about the challenges facing the C-suite and trends in the move to legal managed services to remain efficient and resilient.

Click here for updates on how federal courts are operating during the pandemic.

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Editor’s Note: The Bloomberg Law news team has been closely covering the legal, regulatory, business, and tax implications of the coronavirus pandemic. This daily email highlights the top stories of the day, across practice areas. To unsubscribe, please adjust your Bloomberg Law newsletter settings. For assistance, contact our help desk at 888-560-2529 or

To contact the reporter on this story: Molly Ward in Washington at

To contact the editor responsible for this story: Meghashyam Mali at