october 28, 2020
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October 19, 2020
october 15, 2020
october 12, 2020
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october 5, 2020
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September 11, 2020
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
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
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
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
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
MARCH 16, 2020
MARCH 5, 2020
“Essential Businesses”— What If I Am Stopped?
DANA KRAVETZ
MARCH 21, 2020
In this ever-changing environment that all of us are living in, it is important to understand what we can and cannot do in the wake of the various stay-at-home orders that are issuing in an increasing number of places in an effort to slow the spread of coronavirus (COVID-19). That is especially true for companies providing “essential services” and their employers who need to leave home to go to work. For those who oversee workforces that are required to work on site—as opposed to telecommute—the following Q&A may be quite helpful.
Q. If I operate an “essential business” or am providing “essential services” in California, Illinois, New York or anywhere else that a stay-at-home order is in place, 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. I believe my company provides “essential services” as contemplated in the stay-at-home order currently in effect where my business is situated. What can I do to protect my employees commuting to and from work from interference by law enforcement?
A. Once established that you operate an “essential business,” we can issue a letter that: (1) identifies your company by name and the business sector it falls within, (2) explains that the company qualifies as one providing an “essential service” pursuant to the relevant stay-at-home-order in force in your jurisdiction, (3) makes clear that employees of your company, specifically, and within your sector, more broadly, are permitted to leave their residences to perform “essential functions” for the necessary period of time required to complete them, and (5) directs employees to present the letter to any law enforcement personnel that may request evidence that they qualify as an “essential service” provider. Understand, this letter has no legal impact, but can be quite useful.
Q. As a reminder, what businesses and agencies offer “essential services”?
A. While the precise definition of “essential services” varies from jurisdiction to jurisdiction, the following types of businesses, professions and agencies typically qualify as providing “essential services” or performing “essential functions”:
- Hospitals, clinics, doctors, 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
- Food production companies, 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
- Banks and financial institutions
- Law enforcement and fire stations
- Courts and jails
- Garbage/sanitation
- Public transportation
- Utilities: water, power and gas
- Payroll, security, and office administration
- Public works construction, including construction of housing
- Airport operations
- Gas service stations, auto supply, auto repair, bicycle repair shops and related facilities
- Shipping and warehouses
- 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”
- 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
- Other industries critical to the supply chain
Note that this list is not exhaustive and may or may not apply to the city or state in which you are located.
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.