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The Stay of the OSHA Emergency Temporary Standard for Large Employers has been Reinstated by the U.S. Supreme Court

Posted by Attorney David McClurg in COVID-19 / Comments

Reversing a December decision of the 6th Circuit Court of Appeals, the U.S. Supreme Court, on Thursday, January 13, 2022, stayed enforcement of the Vaccination and Testing Emergency Temporary Standard (“ETS”) applicable to large employers with over one hundred employees. In reaching this decision, the Court found that the petitioners had demonstrated that OSHA was unlikely to be able to demonstrate that it had the authority to issue the ETS. ...

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Issues Surrounding Employers’ Vaccination Policies

Posted by Attorney David McClurg / Comments

As COVID 19 vaccines slowly become more available,[1] many employers are considering adopting mandatory vaccination policies, or offering incentives to their employees to be vaccinated. For most businesses, the primary motivation driving consideration of such policies will be employee safety. However, many hard-hit businesses, such as restaurants, may have an additional motivation: the ability to advertise that they have a “fully vaccinated staff” in order to increase in-store business. ...

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Updated CDC Guidance on Quarantine Duration

Posted by Attorney David McClurg in Employer-Employee Relationship, Labor Relations, COVID-19 / Comments

On December 2, 2020, the Centers for Disease Control and Prevention (CDC) revised its guidance on the recommended length of quarantine for individuals who are asymptomatic, but have had “close contact” with someone who has tested positive for COVID-19. (Note that the CDC has recently redefined “close contact” to include exposure within 6 feet of an infected person for a cumulative – not single – total of 15 minutes or ...

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Employers Re-Opening Workplaces Need to “Protect and Defend”

Posted by Attorney David McClurg in Labor Relations, COVID-19 / Comments

Exposure to the COVID 19 virus will continue for months and possibly years into the future, as will employers’ exposure to workers compensation, OSHA and other, more novel claims from employees, family members of employees and customers seeking compensation for the effects of the illness that they contend originated in the workplace. Going forward, employers must “protect” their employees and customers from exposure to the virus, and “defend” themselves against ...

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Updated DOL/IRS Guidance on Documentation Employers Will Need to Claim Tax Credits for Paid Leave Payments

Posted by Attorney David McClurg in COVID-19 / Comments

In my first April L&E Update I laid out the basic rules relating to Emergency Paid Sick Leave and paid leave under the Expanded FMLA provisions in the Families First Act. Those rules established five primary “qualifying reasons” justifying up to 80 hours of Emergency Paid Sick Leave: Quarantine or isolation order by federal, state, or local authorities related to COVID-19 Employee has been advised to self-quarantine by a health care ...

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Updated Guidance on Emergency Unemployment Assistance Under the CARES Act

Posted by Attorney David McClurg in COVID-19 / Comments

The Department of Labor has just issued guidance relating to the Emergency Unemployment Benefits available under the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”). Under this Act, states will, through July 31, 20, provide an additional $600 weekly payment in Federal Pandemic Unemployment Compensation benefits (“FPUC”) to eligible individuals who are receiving “regular” unemployment compensation under existing state law, as well as those who will soon be receiving ...

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Updated Guidance from the DOL about The Families First Act and the Small Business Exemption

Posted by Attorney David McClurg in COVID-19 / Comments

The Families First Coronavirus Response Act (“FFCRA” or “Act”) becomes effective on April 1, 2020, covers employers with less than 500 employees, and provides, among other things, emergency paid sick leave and expanded family and medical leave (FMLA) rights. The basic paid leave provisions were covered in my March Update, but the Department of Labor has since issued critical updated guidance on the Act and its Small Business Exemption.  Emergency Paid ...

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Additional Resources on the CARES Act Small Business Loan Program

Posted by Attorney David J. Espin in COVID-19 / Comments

On March 27, 2020, the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act was officially passed into law.  Private lenders across the county are working with the SBA to interpret the Act’s provisions and set up online portals for borrowers to apply for CARES Act Paycheck Protection Program loans.  Below are some additional resources to help your business better understand the Paycheck Protection Loan Program, and to compile the information ...

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Summary of the CARES Act Small Business Loan Program

Posted by Attorney David J. Espin in COVID-19 / Comments

On March 25, 2020, the Senate unanimously passed the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act.  It is expected to be approved and signed into law in short order. The CARES Act is intended to provide $349 billion of stimulus and financial relief to small businesses that have been impacted by the COVID-19 outbreak. Below is a summary of the small business loan program created by the CARES Act. What ...

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Contract Breaches Caused by COVID-19 in Wisconsin

Posted by Attorney David J. Espin in COVID-19 / Comments

Many businesses across Wisconsin are grappling with the uncertainties caused by the recent COVID-19 outbreak.  Among these concerns is what effect the outbreak and the ensuing fallout will have on the various agreements these businesses have with their customers, vendors, and creditors.  The answer will generally depend on whether a contract contains a “force majeure” provision, and if it does not, whether the outbreak and associated government orders would frustrate ...

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