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Legal Standing by Tonda Rush

Tonda Rush is the director of public policy and serves as general counsel to the National Newspaper Association. Email her at

PPP loan guidance slow to come

May 28, 2020

Until late April, it was unclear what would happen if the staffing complement could not be restored within the covered period. One publisher described administering the program as “trying to land ...

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Congress created the PPP in a matter of days, leaving a lot of questions for managing agencies to resolve

Apr 21, 2020

The Department of Treasury and Small Business Administration have both published rules that fill in some of the blanks. The two agencies are not always totally in sync but if you are willing to visit their ...

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Ads for CBD oil are mailable

Jan 1, 2020

Gentle Reader, Can you stand one more column about cannabis ads? The guidance on mailing advertising for such products through USPS is becoming clearer, and I want to revisit this topic once more.  First, ...

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Publishers evaluate payroll with FLSA salary threshold increase on the horizon

Dec 1, 2019

Q: Please explain again how a nonexempt journalist can be paid a salary. A: Happy to. Now that the new Fair Labor Standards Act salary threshold is set to go into effect next year, a lot of companies ...

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Labor Department hasn't provided clarity regarding exemption for newspapers with circulation under 4,000 in Fair Labor Standards Act

Nov 1, 2019

Q: I understand newspapers under 4,000 circulations do not have to apply the Overtime Rule. But what if we have three newspapers whose total circulation is over 4,000?  A: Your understanding ...

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Publishers should be aware of the shifting legal interpretations of ADA

Nov 1, 2019

Q: I am being told our website might not be in compliance with the Americans with Disabilities Act because visually impaired people cannot read it. Can we be sued? What do we have to do to get into ...

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Why Periodicals distribution must be 50%+1 paid or Requester circulation — even with Non-Mail copies

May 1, 2019

The postmaster says if I deliver too many, I could lose my Periodicals permit. How can that be true? Why is it any of the postmaster’s business if I want to deliver more copies out of the mail?

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Obama-era salary threshold conversation reopens

Apr 1, 2019

In March, the U.S. Department of Labor restarted an industry conversation that began in 2015. That was when the Obama administration proposed doubling the salary that employees would have to be paid for ...

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Public or private: guidelines for photographers

Aug 14, 2018

Q--I have a new batch of interns taking photos for the paper. What guidelines can I give them so they don’t get us into trouble?

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