With all the news headlines about vaccine mandates, requirements, and stays it is easy to get confused. Below is a summary and timeline over the last month regarding vaccine rules and what it means for private employers:
Read MoreOn November 17, 2021 OSHA released the following statement on its website:
On November 12, 2021, the U.S. Court of Appeals for the Fifth Circuit granted a motion to stay OSHA's COVID-19 Vaccination and Testing Emergency Temporary Standard, published on November 5, 2021 (86 Fed. Reg. 61402) ("ETS"). The court ordered that OSHA "take no steps to implement or enforce" the ETS "until further court order." While OSHA remains confident in its authority to protect workers in emergencies, OSHA has suspended activities related to the implementation and enforcement of the ETS pending future developments in the litigation.
The stay does not prevent employers from implementing their own vaccination and/or testing policies in the interim. Note that the ETS rule differs from the federal contractor and CMS (healthcare) vaccine rules which have not been stayed at this point.
The firm will continue to keep you up to date on the status of OSHA’s in the Sixth Circuit and as it makes its way through the legal system.
If you have any questions on how this rule affects you or your business please don’t hesitate to reach out: info@barbascremer.com. We are here to help you address the day to day questions of balancing business concerns, the law, and health and safety.
On Friday several large employers filed suit in the Fifth Circuit Court of Appeals challenging the OSHA ETS. The Fifth Circuit issued a brief order on Saturday staying the ETS stating that “the petitions give cause to believe there are grave statutory and constitutional issues” with the ETS. The government has until today, Monday November 8, 2021 to respond to the request for a permanent injunction, and the challengers will respond by 5pm on Tuesday. From there, we will await a final decision from the Fifth Circuit. Although OSHA must refrain from enforcing the ETS until the Fifth Circuit
Read MoreOn November 4, 2021, OSHA announced a new Emergency Temporary Standard on Vaccination and Testing. Here is a brief overview of what you need to know:
Read MoreUpdate: President Trump signed this bill into law on December 27, 2020.
Congress passed a $900 billion economic relief package referred to as the Consolidated Appropriations Act, 2021. Given the size of the legislation (nearly 5600 pages), this newsletter is meant to be a brief overview of key areas for the Firm’s clients. In addition to what is outlined below, the legislation also contains language relating to student loans, rental assistance, and medical bills among other items.
Read MoreOn Monday night, Congress passed a $900 billion economic relief package referred to as the Consolidated Appropriations Act, 2021. The bill is awaiting the President’s signature. Given the size of the legislation (nearly 5600 pages), this newsletter is meant to be a brief overview of key areas for the Firm’s clients. In addition to what is outlined below, the legislation also contains language relating to student loans, rental assistance, and medical bills among other items.
Read MoreYesterday the CDC issued guidance regarding Thanksgiving travel and the rest of the holiday season. With COVID-19 cases surging around the country, the CDC suggests that Americans not travel for Thanksgiving and only spend it with people inside their household.
Read MoreThe U.S. Department of Labor (“DOL”) issued a new temporary rule revising the Families First Coronavirus Response Act. The new rule goes into effect today, September 16, 2020. The new rule is in response to the August 3, 2020 decision by a New York Federal District Court decision which invalidated several provisions of the DOL’s original rule.
Key changes in the rule are summarized as follows:
Read MoreThis week school districts across the country began school online or in person. Managing Partner Terin Cremer partnered with McGriff Williams Insurance to discuss the Families First Coronavirus Response Act (“FFCRA”) and the challenges facing employers. During the webinar she addressed questions on how to handle employee absences due to the various closures / remote learning circumstances across the country as schools reopen. Her 45 minute presentation can be viewed here.
Read MoreThe June 5, 2020 Paycheck Protection Program Flexibility Act (Flexibility Act) changed key elements of the Paycheck Protection Program (PPP). Consequently, the SBA amended its PPP rules and released two new PPP loan forgiveness applications.
Read MoreThe United States House and the United States Senate have passed the Paycheck Protection Program Flexibility Act. The Act eases rules around how small businesses may use the Payroll Protection Program (“PPP”) Loan funds. The legislation is awaiting President Trump’s signature.
Read MoreThe Center for Disease Control (CDC) has released a 60 page guidance document (“Guidelines”) outlining the reopening of states. The Guidelines outline a three phase approach. When moving to a new phase the CDC uses six indicators: decreases in new Covid-19 cases, decreases in emergency room visits, decreases in outpatient visits for Covid-like illnesses, decrease in percentage of positive Covid tests, reduction of crisis care, and robust testing programs, to guide when to move to each phase. The Guidelines (page 18) also link to additional industry specific and small business recommendations the CDC has released during the COVID crisis.
Read MoreOn May 13, 2020 the SBA released additional guidance around Payroll Protection Program (“PPP”) Forgiveness. The PPP was extended on on April 24, 2020, by President Trump as part of a $484 billion coronavirus relief package, which included $380 billion towards the PPP portion of the Coronavirus Aid, Relief, and Economic Security Act (“CARES”).
Read MoreAs of May 1, 2020, employers must use this new Form I-9 which contains changes in the form and instructions. Given the increase in I-9 audits and enforcement over the last year, businesses should update their on-boarding processes and verify that their I-9 Form lists 10/21/19 in the lower left corner. As a reminder, all employers, regardless of size, must have new employees complete I-9s in person within three business days of the employee starting.
Read MoreOn April 24, 2020, President Trump signed the much anticipated $484 billion coronavirus relief package, which includes $380 billion towards the Payroll Protection Program (“PPP”) as established by the Coronavirus Aid, Relief, and Economic Security Act (“CARES”).
The U.S. Department of the Treasury also released a new set of FAQs and an interim final rule on the PPP. This new guidance clarifies that private equity firms and hedge funds are not eligible for PPP funds. Similarly, it states that large publicly traded companies likely will not be eligible.
Terin discusses liability considerations for medical practices during the Coronavirus Era.
Read MoreAs expected, on Tuesday evening (April 21, 2020) the U.S. Senate unanimously passed the $483 billion bill to replenish small business funding programs. The U.S. House is expected to vote on the bill on Thursday.
What does this mean for small business who would like to apply for these funds:
Today Treasury Secretary Steven Mnuchin and Congressional leaders reached a deal that will add approximately $484 billion to the $2 trillion plus CARES Coronavirus response legislation passed at the end of March 2020. The initial $322 billion for small business loans and Payroll Protection Plan (PPP) loans in the CARES Act ran out of funding within 2 weeks. Today’s agreement includes $60 billion earmarked for small-business disaster loans and grants, $75 billion in emergency funding for hospitals, $25 billion for testing, and more than $320 billion in additional funding for the PPP.
The legislation will include a requirement that $60 billion of the money for the small business loans be set aside for smaller lenders. In the last two weeks we learned that it’s extremely important to be working with the right banks and the right relationships. The difference between who was approved for PPP loans and who was denied oftentimes came down to the banking institution itself, rather than need. Small businesses that filed with community banks seemed to have more success. Do not wait until the legislation is passed to get your documentation together for a PPP application, rather establish the bank relationship now so you can move quickly. Please don’t hesitate to reach out if I can assist you by connecting you with a community bank that is open to new clients for PPP loans.
Keep in mind that for now, this is just an agreement and legislation has not been passed. The Senate is expected to pass the expanded funding legislation by unanimous consent today. House leaders are planning a vote on Thursday. President Trump has tweeted that he plans to sign in to action what Congress approves.
While this relief is welcome news to many small businesses, the issue of funding governments and municipalities will not be addressed in this new agreement. Lawmakers have already begun issuing proposals and demands for the next round of funding even though this round has yet to be signed.
As you face the day to day questions of balancing business concerns, the law, and health and safety, the firm is here to assist in any way we can.
Almost every day I’m asked, “when will things go back to normal?” My answer is simple: no one knows, so let’s plan for that. As federal, state, and local governments begin transitioning back into everyday activities, businesses should take this time to draft a Pandemic Plan.
Unlike the natural and war time disasters our country has experienced in the past, COVID-19 is not confined in either space or time. Until a vaccine is readily available and disbursed (many say 18-24 months), we cannot anticipate a return to work as we once knew it. The social-distancing strategy is working, but at such an economic cost that it can’t be sustained indefinitely. So when restrictions relax, we will likely see some states or cities that experience a similar resurgence in cases as when Singapore, China, and other Asian states first eased their restrictions. Moreover, even though this is the first worldwide pandemic in a century, more regionalized pandemics have become increasingly common.
Those businesses that will survive and thrive during this time will have prepared and implemented a Pandemic Plan. These plans are similar to business continuity plans, or as we call them in Florida, hurricane plans. Right now, the whole country is experiencing business restrictions, but when national restrictions are relaxed and the differences between states and municipalities become more pronounced, customers and clients may be less understanding of delays in service when they are not experiencing the same restrictions in their area.
Every business will have different needs, but at a minimum, your written Pandemic Plan should establish:
a leadership committee that will implement and execute when timing is necessary,
contract revisions for services to include pandemic language,
payroll procedures to ensure employees are being paid,
pay policies for employees so they know what to expect,
succession plans in the event leadership is infected or otherwise debilitated,
new processes for how to deliver goods/services to customers in the event they are unaffected by the pandemic when your business operation is affected, and
expectations for your employees of what would be different in the next scenario (if anything) and what would remain by disbursing the written plan and educating employees in advance.
Please reach out to the firm if we can help you draft your Pandemic Plan. As you face the day-to-day questions of balancing business concerns, the law, and health and safety in the Coronavirus era, the firm is here to help.
Terin appeared on the local NBC affiliate last night to discuss what employers have to share with their employees when there is a positive COVID-19 diagnosis among the staff.
https://www.wfla.com/8-on-your-side/coronavirus-in-palmetto-several-residents-staff-members-test-positive-at-nursing-home/?fbclid=IwAR0xelO0SxDjZeQcyj55uAHDNZSAejAMsRPxb0CZvtYewQK-BJbptUJwuTQ
Barbas Cremer Law assists small and midsize businesses with legal issues that arise regarding their employees, clients, and business processes. Barbas Cremer Law provides a solution based approach that allows its clients to focus on their businesses while we take care of the legal work.
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