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Department of Labor Issues Guidance on FECA Claims

The Department of Labor (DOL) has issued guidance for federal employees for filing claims under the Federal Employees’ Compensation Act due to the 2019 novel coronavirus (COVID-19). All federal employees who develop COVID-19 while in performance of their federal duties are entitled to workers’ compensation coverage.

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Two Individuals Charged with Fraudulently Seeking CARES Act Paycheck Protection Loans

Two businessmen have been charged with allegedly filing bank loan applications fraudulently seeking more than a half-million dollars in forgivable loans from the Small Business Administration (SBA) under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). David Staveley, aka Kurt Sanborn, and David Butziger claimed to have dozens of employees earning wages at four different business entities when there were no employees working for any of the businesses.

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NSA Provides Guidance on Selecting Video Conferencing Tools

The National Security Agency (NSA) has provided guidance for agencies on determining which video conferencing tools should be using during telework periods. The guidance provides nine factors for consideration to determine which platform should be used. The guidance only applies to commercial applications such as Zoom, which have become increasingly popular for office communications during the COVID-19 pandemic.

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OPM Issues Guidance on Emergency Paid Sick Leave

The Office of Personnel Management (OPM) on Wednesday released guidance to agencies on implementing the Emergency Paid Sick Leave Act (EPSLA) provision of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). The guidance includes a summary of the statutory and regulatory requirements for federal employees to access their paid leave.

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Courts Halt Two COVID-19 Treatment Scams

In the last week, federal courts in Utah and Texas issued respective injunctions against two groups halting the sale of coronavirus “cures” and “treatments” that have been deemed fraudulent. In Utah, the U.S. District Court for the District of Utah issued a temporary restraining order against defendant Gordon Pedersen of Cedar Hills, Utah, and his companies, My Doctor Suggests LLC and GP Silver LLC. In a civil complaint and accompanying court papers filed in U.S. District Court for the Northern District of Texas, the Department of Justice (DOJ) alleges that Purity Health and Wellness Centers and one of the firm’s principals, Jean Juanita Allen, fraudulently promoted so-called ozone therapy as a treatment for COVID-19.

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Case Law Update Conor Dirks Case Law Update Conor Dirks

Federal Circuit: “Retaliatory” Investigations Not Personnel Actions Under WPA

A Department of Veterans Affairs medical center director made multiple protected disclosures to the VA Office of Inspector General about agency spending and contracts in October 2013. He repeated those concerns in a conference call in January 2014. His second line supervisor was on that conference call. The second-line supervisor, several weeks later, appointed an Administrative Investigation Board (AIB) to investigate inappropriate relationships with subordinate staff, and investigators treated the medical center director as a subject of that investigation.

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White House Releases Guidance on Reopening Federal Agencies

The White House has rolled out its plan to begin reopening the country following the shutdown of non-essential businesses in nearly every state due to the coronavirus pandemic. To go along with guidelines for state, local, and tribal governments and the private sector for reopening the country, the Office of Personnel Management (OPM), in conjunction with the Office of Management and Budget (OMB), has released guidance for agencies on actions they may take to return to normal operations while still prioritizing adherence to local advisories.

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NIST Launches Challenge to Improve Technology for First Responders

The National Institute of Standards and Technology (NIST) has announced a new four-phase competition challenge, called the Chariot Challenge, aimed at using innovative technologies to provide first responders with more accurate and immediate information when responding to public emergencies. The competition includes an Augmented Reality (AR) challenge and an Internet of Things (IoT) challenge.

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Case Law Update Conor Dirks Case Law Update Conor Dirks

Supreme Court: Federal Sector Personnel Actions Must Be Free of Any Consideration of Age

On April 6, 2020, the United States Supreme Court issued its decision in Babb v. Wilkie. The question in this case was whether the Age Discrimination in Employment Act of 1967 (ADEA) requires federal sector employees to show that age was a “but-for” cause of the personnel action taken, rather than merely show that it was tainted by any discrimination at any stage. Previously, the court interpreted the private-sector provision to require “but-for” causation. In its April 6 decision, the Court held that “[t]he plain meaning of § 633a(a) demands that personnel actions be untainted by any consideration of age.”

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