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
An Important Message From Michelman & Robinson About California Governor's Statewide Stay-At-Home Order
The entire state of California has essentially been placed on lockdown as Governor Gavin Newsom has called for a statewide stay-at-home order to combat the spread of the coronavirus, which causes COVID-19. Governor Newsom’s move, which impacts nearly 40M people, comes on the heels of various “shelter in place” and similar orders that have already been issued throughout the state, including the “Safer at Home” emergency order declared in Los Angeles earlier today by Mayor Eric Garcetti.
While the working details of the statewide directive are not available as of this writing, the mandates of the “Safer at Home” order—which are similar to those in place in the Bay Area and elsewhere—are illustrative. In a nutshell, residents of the City of Los Angeles—and, presumably, California more broadly—are required to stay inside their residences, and immediately limit all movement outside of their homes beyond what is absolutely necessary to take care of “essential needs.”
For residents of California and businesses operating in the state, here is what you need to know about the “Safer at Home” order, which will most likely be tracked—at least within the margins— by the statewide restrictions.
Q. When do the “Safer at Home” and California stay-at-home orders go into effect and when will they end?
A. The “Safer at Home” order mandates that most people (e.g., everyone other than those engaged in certain “essential activities,” described below) stay home starting as soon as possible, but no later than 11:59 p.m. tonight (Thursday, March 19, 2020). The order is currently scheduled to end on April 19, 2020, though the duration can be either shortened or extended by Mayor Garcetti. For its part, Governor Newsom’s statewide directive is effective immediately, yet no end date has been published as of now.
Q. Big picture, what are Californians allowed to do during this period of time?
A. Using the “Safer at Home” order as a guide, California residents can go out to shop for groceries, medications and other health care necessities; go to medical appointments (though they should check with their doctors or providers first); take walks, ride bikes, and be in nature—or their yards—for exercise (so long as they keep at least six feet between them and others); walk pets and take them to the veterinarian if necessary; and help others in need to get necessary supplies.
Otherwise, people living in California must stay inside their homes and away from people outside their immediate family unless they are engaged in the “essential activities” described below.
Q. What should California residents not do while the stay-at-home orders are in place?
A. Those in Los Angeles are not to travel to or from a job unless they are providing “essential services.” Also, they are not supposed to (1) go out to visit friends or family if there is no urgent need to; (2) travel to or from a vacation home; and (3) visit loved ones in a hospital, nursing home, skilled nursing facility, or other residential care facility. It remains to be seen if these specific restrictions apply statewide, but it seems safe to assume they will.
Q. Are these orders mandatory?
A. Yes, and it is a crime—a misdemeanor punished by a fine or imprisonment, at least in Los Angeles—not to follow them.
Q. Who can leave their homes to go to work while the orders are in force?
A. Unless, of course, they are sick, those working in health care or workers providing “essential services” or “essential government functions” can and should go to their jobs. All others should work from home. As for what services and functions are “essential,” Governor Newsom’s order specifies the following 16 critical infrastructure sectors: chemical; commercial facilities; communications; critical manufacturing; dams; defense industrial base; emergency services; energy; financial services; food and agriculture; government facilities; health care and public health; nuclear reactors; materials and waste; information technology; transportation systems; and water and wastewater systems. Presumably, people working in those spaces can go to work.
Q. Specifically what “essential activities” and “essential services” will remain open during this timeframe?
A. Though the statewide directive does not yet specify what exactly will remain open in the coming days and weeks, the “Safer at Home” order offers this list:
City/County government services:
- Police stations
- Fire stations
- Public transportation
- Utilities: water, power and gas
- Office uses like payroll, security, and administration
- Public works construction, including construction of housing
- Airport operations
- Gas service stations, auto supply, auto repair, bicycle repair shops and related facilities
Health care providers, including:
- Hospitals, clinics, dentists, pharmacies, pharmaceutical and biotechnology companies, medical and scientific research, laboratories, health care suppliers, home health care services providers, veterinary care providers, mental health providers, physical therapists and chiropractors, cannabis dispensaries, or any related and/or ancillary health care services, manufacturers and suppliers. Health care operations do not include fitness and exercise gyms and similar facilities
- Grocery stores, water retailers, certified farmers’ markets, farm and produce stands, supermarkets, convenience stores, warehouse stores, food banks, convenience stores, and other establishments engaged in the retail sale of canned food, dry goods, fresh fruits and vegetables, pet supply, fresh or frozen meats, fish, and poultry, any other household consumer products (such as construction supplies, cleaning and personal care products). This includes stores that sell groceries and sell other non-grocery products, and products necessary to maintaining the safety, sanitation, and essential operation of residences
- Take-out from restaurants, drive-thru restaurants, and delivery from restaurants
- Food cultivation, including farming, livestock, and fishing
- Hardware stores and nurseries
- Plumbers, electricians, exterminators, custodial/janitorial workers, handyman services, funeral home workers and morticians, moving services, HVAC installers, carpenters, landscapers, gardeners, property managers, private security personnel and other service providers who provide services to maintain the safety, sanitation, and essential operation to properties and other essential activities
- Banks and financial institutions
- Organizations and businesses that provide food, shelter, and social services, and other necessities of life for economically disadvantaged or otherwise needy individuals, (including gang prevention and intervention and domestic violence agencies)
- Laundromats/laundry service
- Newspapers, magazines, television, radio, podcasts and other media services
- Educational institutions, including public and private K-12 schools, colleges, and universities—but only for purposes of facilitating distance learning or performing “essential functions” provided that social distancing of six-feet per person is maintained to the greatest extent possible
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.).
Q. I operate an “essential business” in California, can my employees leave their homes to come to work?
A. Yes, but you should have them work from home if and when possible.
Q. Can these employees take public transportation (buses, subways, trains)?
A. Yes, but again, only if you are operating an “essential business” and their travel is “essential” to get to work.
Q. Mine is not an “essential business,” can I allow my employees to work remotely while they are ordered to stay-at-home?
A. Yes, this is so whether or not you operate an “essential business,” though you should have detailed work-from-home policies in place.
Here is the critical takeaway and an approach to help you analyze your particular situation: even if you operate (1) an “essential business,” (2) and the work that needs to be done is “essential,” (3) and cannot be done from a worker’s home, (4) then only for the time necessary should that worker go to work.
In the wake of these drastic measures taken by Governor Newsom, we at M&R are here to answer your specific stay-at-home 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.