october 28, 2020
october 22, 2020
October 19, 2020
- Hope for Companies Where COVID-19-Related Business Interruption Claims Have Been Denied Without Investigation
october 15, 2020
october 12, 2020
october 8, 2020
october 5, 2020
september 22, 2020
- California Employers Now Subject to Additional COVID-19-Related Laws Related to Cal/OSHA Reporting and Worker’s Compensation
september 21, 2020
September 11, 2020
- COVID-19-Related Paid Sick Leave Has Been Expanded in California Yet Again to All Employers with 500+ Employees
august 4, 2020
july 6, 2020
july 1, 2020
- PPP Loan Deadline May Be Extended as SBA Issues New Rules Relating to Loan Forgiveness and Eligibility
- California Looks to Pass Legislation Concerning Business Interruption Coverage Due to COVID-19
June 29, 2020
June 22, 2020
- PPP Loan Forgiveness Application Forms Updated and Streamlined
- Nevada Division of Insurance to Disallow Policy Exclusions Related to COVID-19
- CDI Announces New Order Regarding Workers’ Compensation Premium Savings for CA Businesses Affected by COVID-19
june 15, 2020
june 10, 2020
- Note to the SBA: Debtors in Bankruptcy Are Eligible for PPP Loans
- California Modifies the Tolling of Statutes of Limitations in Civil Cases
june 8, 2020
June 4, 2020
may 29, 2020
may 28, 2020
- House Introduces Pandemic Risk Insurance Act of 2020 in the Wake of COVID-19 Business Interruption Claims
may 27, 2020
- Hoteliers Beware: a Return to Business Post-Pandemic Brings With It Potential Legal Liability
- House Contemplates Revisions to the Paycheck Protection Program
may 15, 2020
may 14, 2020
- U.S. House Democrats Introduce HEROES Act, a New $3T Stimulus Package
- SAFE Banking Act for Cannabis-Related Businesses Included in the HEROES Act
may 12, 2020
may 8, 2020
- Treasury and the SBA Issue Guidance Regarding the Employee Retention Credit
- Businesses Reopen in Los Angeles County as Stage 2 of California’s Statewide Plan Begins
- Update: Large Employers Required to Pay Coronavirus-Related Sick Leave Under New L.A. County Ordinance
may 6, 2020
- SBA Extends PPP Certification Safe Harbor to May 14
- EPLI Insurance and Employee Benefits in the Age of the Coronavirus
may 5, 2020
- Update: PPP Guidance Issued by the SBA and U.S. Treasury at Odds With the CARES Act—Michelman & Robinson Files First-of-Its-Kind Lawsuit Challenging FAQs
- NAIC Issues Business Interruption Data Call in the Wake of COVID-19
may 4, 2020
- PPP Guidance Issued by the SBA and U.S. Treasury at Odds With the CARES Act—Michelman & Robinson Files First-of-Its-Kind Lawsuit Challenging FAQs
may 1, 2020
april 29, 2020
- Planning for Your Employees' Return to the Workplace
- Los Angeles Hospitality Workers Among Those Thrown a Potential Lifeline
april 24, 2020
- Attention Cannabis Businesses: Hope May Be on the Horizon for Federal COVID-19-Related Relief
- California Department of Insurance Issues Notice Granting Tax-Filing Extension in Response to COVID-19
- SEC Approves Amendments to Nasdaq and NYSE Continued Listing Requirements Due to the COVID-19 Pandemic
April 23, 2020
april 21, 2020
- Additional Funding Is on the Way to Resurrect the PPP
- Certifying Your PPP Loan: Proceed With Caution
april 17, 2020
april 16, 2020
- Employment in the Wake of Coronavirus: EEOC and OSHA Guidance Allows Employers to Go Where They Could Not Go Before
- New Yorkers Ordered to Stay at Home Even Longer Amid the COVID-19 Crisis
- Paycheck Protection Program Funds Exhausted
april 15, 2020
- Attention Insurers: the CDI Has Ordered You to Fairly Investigate All Business Interruption Insurance Claims Caused By the COVID-19 Outbreak
April 14, 2020
- Insurance Companies Have Been Ordered to Provide COVID-19-Related Premium Relief to Businesses and Drivers in California
- What to Do If Your New York Business Has Been Deemed Non-Essential
APRIL 13, 2020
- IP Deadlines and Fees Extended Under the CARES Act
- Employment in the Wake of Coronavirus: Reintegrating Your Workforce in the New Normal
APRIL 10, 2020
- You Successfully Applied for and Received a PPP Loan Under the CARES Act: Now What?
- Safer at Home Order in L.A. Extended to May 15
- Maintaining Your Trade Secrets During the Coronavirus Crisis
APRIL 9, 2020
april 8, 2020
- Congress Looks to Bolster the PPP With Another $250B in Funding
- U.S. Treasury Provides Further Guidance to PPP Borrowers and Lenders
- L.A. Mayor Amends COVID-19-Related Paid Sick Leave Ordinance
april 7, 2020
- Clarifying the Paycheck Protection Program: Payment of Insurance Premiums and Loan Forgiveness under the CARES Act
April 3, 2020
april 2, 2020
april 1, 2020
March 31, 2020
march 30, 2020
- Large Employers Required to Pay Coronavirus-Related Sick Leave Under New L.A. Ordinance
- Insurance Coverage Potentially Triggered by COVID-19
- Attention Insurers: CDI Orders Mandatory Call for Business Interruption Coverage Information in the Wake of COVID-19
- DOL Is Requiring Employers to Post Families First Employee Rights Notice
March 27, 2020
- A Comprehensive Guide to Understanding Coronavirus-Related State Assistance Programs: Who is Giving What to Whom (Part II)
- HHS Relaxing Enforcement of HIPAA to Facilitate Sharing of Information During the COVID-19 Crisis
March 26, 2020
march 25, 2020
march 24, 2020
- Navigating the Coronavirus Pandemic: a Critical Business Review Checklist
- SBA Loans for Companies Impacted by Coronavirus
- SEC Relaxes Federal Proxy Rules for Annual Meetings
march 23, 2020
- Federal Reserve Responds Boldly to Coronavirus-Related Economic Downturn
- The Number of Jurisdictions Implementing Stay-at-Home Orders Is Increasing Exponentially
- Michelman & Robinson’s Guide to Coronavirus-Related Paid Sick Leave and Unemployment Insurance Laws in the Tri-State Area
MARCH 21, 2020
MARCH 20, 2020
- New York Governor’s PAUSE Order
- Illinois Governor’s Statewide Stay-at-Home Order
- Force Majeure Clauses in Commercial Real Estate Contracts
MARCH 19, 2020
- SEC Provides Regulatory Relief for Public Reporting Companies
- Student Loan Borrowers Can Breathe a Sigh of Relief, At Least Temporarily
- California Governor's Statewide Stay-At-Home Order
MARCH 18, 2020
- "Shelter in Place" Orders
- Telecommuting in the Age of Coronavirus
- Families First Coronavirus Response Act Just Passed by the Senate and Signed Into Law by the President
MARCH 17, 2020
- M&R Coronavirus Risk Mitigation Team: A Multi-Disciplinary Legal Team Ready To Immediately Address A Host Of Coronavirus-Related Issues for Businesses, Quickly And Holistically
MARCH 16, 2020
MARCH 5, 2020
A Message From Michelman & Robinson About "Shelter in Place" Orders
With several counties in California’s Bay Area ordering residents to “shelter in place” for at least three weeks to keep coronavirus from spreading across the region, and Orange County (California) now following suit and preventing private or public gatherings, it seems quite possible that other jurisdictions may take these drastic measures as well. Whether you are located in an area now subject to a “shelter in place” order, or are somewhere that has yet to restrict movement, it is helpful to understand the scope of these new mandates, especially as they relate to your business.
We have several clients contacting us and asking, “what might ‘shelter in place’ or similar restrictions like those in San Francisco mean for my company?” Here, in Q&A form, we address some of the questions and concerns that may be on your mind, including important business considerations.
Note that all of the public health orders issued to date that require people to stay home are essentially the same in terms of their content, reach and meaning. That being said, if and when additional “shelter in place” orders come online, their specific language may include information and requirements that are different than what is set forth below.
Q. Are people in cities outside of the Bay Area and Orange County currently subject to any “shelter in place” orders?
A. This is evolving as there are rumblings about new “shelter in place” or similar orders in New York and other locations.
Q. Big picture, what is the scope of the “shelter in place” orders now in effect?
A. The “shelter in place” orders issued thus far require people to stay home except for “essential needs” (detailed below). Pursuant to these orders, everyone is supposed to remain at home (especially the elderly and vulnerable populations), except to get food or medicines, care for relatives or friends, get necessary health care, or go to an “essential job” (detailed below). As otherwise stated, sheltering at home means just that—staying at home, only leaving for “essential services,” staying six feet or more away from others, and not gathering. The order in Orange County goes so far as to say that gatherings that involve “essential activities” should only be conducted when they cannot be postponed or achieved without gathering. The upshot: when possible, means of communication—other than gathering—should be used even to perform “essential activities.”
Q. Does this mean people in effected areas cannot go outside their homes?
A. No, it is okay to go outside for walks and fresh air, but people are not to do so in groups. They should stay at least six feet apart when leaving their homes, for “essential activities” or otherwise.
Q. How long will the orders be in effect?
A. As of now, the orders in the Bay Area and Orange County run through April 7 and March 31, respectively, though these dates can be extended.
Q. What businesses and services may remain in operation in jurisdictions where “shelter in place” orders have been issued?
A. The list of “essential businesses” that may stay open is a long one. They include:
- Health care organizations, such as hospitals, medical and mental health clinics, doctor offices, pharmacies, health care supply stores, and other health care facilities
- Grocery stores, certified farmers’ markets, farm and produce stands, supermarkets, food banks, convenience stores, and other store groceries
- Food cultivation
- Gas stations and auto-supply, auto-repair, and related facilities
- Banks and related financial institutions (including, arguably, insurance-related companies)
- Garbage and sanitation services and collection
- Hardware stores, and plumbers, electricians, exterminators, and other service providers that maintain safety and sanitation
- Schools, for distance learning and providing meals
- Laundromats and laundry service providers
- Restaurants and other prepared food facilities, but only for delivery or carry out
- Businesses that supply products needed for people to work from home
- Businesses that supply other “essential businesses” with the support or supplies necessary to operate
- Businesses that ship or deliver groceries, food, goods or services directly to residences
- Airlines, taxis, and other private transportation providers providing transportation services are necessary for “essential activities” and other purposes expressly authorized by the orders
- Home-based care for seniors, adults, or children
- Residential facilities and shelters for seniors, adults, and children
- Professional services, such as legal or accounting services, when necessary to assist in compliance with legally mandated activities
- Childcare facilities providing services that enable employees of “essential businesses” to work as permitted
- Police stations, fire stations, post offices, jails, courts, municipal transportation, utilities (water, power and gas), and certain city offices
Q. If I operate one of these “essential businesses,” is it business as usual for me?
A. Yes, though it would be prudent to take all possible measures to adhere to social distancing recommendations (maintain a distance of six feet from other people, wash hands repeatedly, etc.). However, in Orange County, gatherings that involve “essential activities” should only be conducted when they cannot be postponed or achieved without gathering, meaning that some other means of communication cannot be used to perform the “essential activity.”
Q. I operate an “essential business” where a “shelter in place” order has been issued, can my employees leave their homes to come to work?
Q. Can these employees take public transportation (buses, subways, trains)?
A. Yes, but again, only if you are operating an “essential business.”
Q. What if my business is not considered an “essential business,” does a “shelter in place” order require that I shut down my business facility?
A. No, not necessarily. You and your employees are allowed to perform the following “Minimum Basic Operations,” provided that employees maintain a distance of six feet from one another to the greatest extent feasible to carrying out:
- The minimum necessary activities to maintain the value of your business’s inventory, ensure security, or for related functions
- The minimum necessary activities to facilitate your employees being able to continue to work remotely from their residences
However, please note that the Minimum Basic Operations provision is not provided in the Orange County order.
Q. Can I allow my employees to work from home while sheltering in place?
A. Yes, this is so whether or not you operate an “essential business,” though you should have detailed work-from-home policies in place.
Again, as of now “shelter in place” orders are limited to certain Bay Area counties and a similar order is in place in Orange County, California. For businesses in those jurisdictions, or for anyone anticipating similar restrictions that will impact them in the future, we at M&R stand ready to answer your specific “shelter in place” questions or assist with any other coronavirus-related business issues.
We are working diligently to keep our clients up to date on coronavirus-related developments. Nevertheless, these developments are changing daily and, in some cases even hourly, so it is important that you make sure you are dealing with the most current information. That being said, this alert is not offered, and should not be relied on, as legal advice. You should consult an attorney for guidance and counsel regarding any specific concern or situation.