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
- CCPA Enforcement Date Fast Approaching Regardless of COVID-19
- Hotels in California May Be Days Away From Reopening: What Hoteliers Need to Know
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
- A 2008 Redux: IRS Provides Temporary Cash/Stock Dividend Relief for Publicly Offered REITs and RICs
- 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)
- IRS Releases “People First Initiative” Temporarily Adjusting and Suspending Key Compliance Actions
- 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
- New Jersey Orders Its Residents to Stay Home
- “Essential Businesses”— What if I am Stopped?
- The IRS and States Provide Tax Relief in the Wake of the Coronavirus Pandemic
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 Illinois Governor’s Statewide Stay-at-Home Order
This afternoon, Illinois Governor JB Pritzker announced a stay-at-home order to prevent the further spread of coronavirus in the state, joining several other jurisdictions—California and New York included—that have enacted similar orders in recent days. By way of Governor Pritzker’s directive, as memorialized in COVID-19 Executive Order No. 8 (the Stay-at-Home Order), Illinois residents must remain at their places of residence, and leave only for “essential activities,” “essential government functions,” or to operate “essential businesses and operations,” each as defined in the Executive Order. In addition, the governor has mandated that all individuals in Illinois maintain social distancing requirements.
Here, in question and answer form, M&R addresses the new restrictions placed upon the citizens of Illinois.
Q. When does the Stay-at-Home Order go into effect and when will it end?
A. The Stay-at-Home Order requires most people to begin staying at home starting tomorrow (Saturday, March 21) at 5:00 pm. As of now, the order is scheduled to end on April 7, 2020.
Q. What exactly can Illinoisans continue to do while the order is in effect?
A. Like their counterparts in California, Illinois residents can leave their homes to shop for groceries, medications and other healthcare necessities; go to medical appointments (though they should check with their doctors or providers first); engage in outdoor activities such as walking, hiking, running, biking, or visiting public parks and open outdoor recreation areas (so long as social distancing is maintained); walk pets and take them to the veterinarian if necessary; and help others in need to get necessary supplies.
Otherwise, unless they are engaged in “essential activities,” “essential government functions,” or operating “essential businesses and operations” (which we define below), people living in Illinois must stay inside their residences and away from people outside their immediate family.
Q. Are businesses in Illinois permitted to continue operating while the order is in place?
A. Yes and no. Except for “essential businesses,” all companies are required to cease activity, with this caveat: non-essential businesses can have their workers work from home and continue “minimum basic operations,” which is defined as the minimum necessary activities to maintain the value of a business’s inventory, maintain its physical plant and equipment, ensure security, process payroll and employee benefits, or for related functions. Of note, “minimum basic operations” also include the minimum activities required to facilitate employees being able to work from home.
Q. Is the Stay-at-Home Order mandatory?
A. Yes, the Stay-at-Home Order may be enforced by state and local law enforcement personnel.
Q. Who can leave their homes to go to work during this period?
A. Unless, of course, they are sick, those working to provide products and services for “essential businesses or operations” (defined as “health services operations,” “essential government functions,” and “essential infrastructure”) may go to work. All others should work from home.
Q. Specifically what “essential activities” are permitted?
A. Illinois residents are permitted to leave their homes for:
- Heath and safety, such as
- Seeking emergency services
- Obtaining medical supplies or medications
- Visiting a healthcare professional
- Necessary supplies and services, such as
- Groceries and food
- Household consumer products
- Supplies needed to work from home
- Products necessary to maintain the safety, sanitation and essential operation of residences
- Outdoor activity, such as
- However, playgrounds are closed
- Performance of “essential businesses or operations” (as defined below)
- To take care of others, such as
- Caring for a family member, friend or pet in another household
- Transporting family members, friends or pets
Q. What activities are Illinoisans specifically forbidden to do by virtue of the Stay-at-Home Order?
A. Illinois residents are specifically prohibited from all public and private gatherings of any number of people outside a single household or living unit. More broadly, any gathering of more than 10 people is prohibited unless otherwise exempted by the order. Amusement parks and the like are off limits as well—all places of public amusement are to be closed.
Q. What businesses are considered “essential infrastructure” for purposes of Governor Pritzker’s directive?
A. “Essential infrastructure” businesses may remain open. These include those involved in food production, distribution and sale; construction; building management and maintenance; airport operations; operation and maintenance of utilities; distribution centers; oil and biofuel refining; roads, highways, railroads and public transportation; ports; cybersecurity operations; flood control; solid waste and recycling collection and removal; and Internet, video, and telecommunications systems.
Q. What businesses are considered “essential businesses and operations” for purposes of the Stay-at-Home Order?
A. “Essential businesses and operations” may remain open as well. These include:
- Stores that sell groceries and medicine
- Food, beverage and cannabis production and agriculture
- Organizations that provide charitable and social services
- Gas stations and businesses needed for transportation
- Financial institutions
- Hardware and supply stores
- Critical trades (including building and construction tradespeople, plumbers, electricians, exterminators, cleaning and janitorial staff for commercial and governmental properties, security staff, operating engineers, HVAC technicians, painters, moving and relocation services, and others who provide services necessary for the safety, sanitation and operation of “essential activities,” “essential businesses and operations,” and residences)
- Mail, post, shipping, logistics, delivery and pick-up services
- Educational institutions
- Laundry services
- Restaurants for consumption off-premises
- Companies that sell, manufacture or supply products needed for people to work from home
- Suppliers for “essential businesses and operations”
- Transportation services
- Home-based care and services
- Residential facilities and shelters
- Professional services (including legal, accounting, insurance, real estate, appraisal and title insurance firms)
- Manufacture, distribution, and supply chain for critical products and industries
- Critical labor union functions
- Hotels and motels
- Funeral services
Q. If I operate one of these “essential businesses,” is it business as usual for me and my employees?
A. Yes, subject to the Stay-at-Home Order’s requirement that social distancing be observed.
Q. Can employees of “essential businesses” take public transportation (buses, subways, trains)?
A. Yes, but again, only if they work for an “essential business,” their travel is “essential” to get to work, and if social distancing is maintained.
Q. What are the applicable social distancing requirements?
A. In order to practice social distancing, everyone in Illinois must strive to:
- Maintain at least six-feet of distance between themselves and others
- Wash hands with soap and water for at least twenty seconds as frequently as possible
- Regularly clean high-touch surfaces
- Not shake hands
Q. Are their particular social distancing requirements for “essential businesses”?
A. Yes, “essential businesses” are required to:
- Designate six-foot distances with signage, tape or by other means so that employees and customers in line can maintain appropriate distance
- Have hand sanitizer and sanitizing products readily available for employees and customers
- Implement separate operating hours for elderly and vulnerable customers
- Post online whether a facility is open and how best to reach it, and continue services by phone or remotely
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, all businesses may have their employees work from home, though you should have detailed work-from-home policies in place.
As more and more of our leaders implement these drastic measures—like Governor Pritzker did today in Illinois—it is important to know (1) the parameters of what you can and cannot do in the wake of their orders and (2) the impact of the restrictions upon your business operations. Rest assured, we at M&R are here to answer your stay-at-home questions or assist with any other coronavirus-related business issues that you may face.
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.