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
The Number of Jurisdictions Implementing Stay-at-Home Orders Is Increasing Exponentially
MARCH 23, 2020
Several new cities and states have ordered their residents to stay at home in the wake of the coronavirus pandemic. Michelman & Robinson has already reported on such directives in California, Illinois, New Jersey and New York, and now several other jurisdictions are among those that have announced that they already have or soon will be following suit to some degree. They include: Connecticut, Dallas (TX), Delaware, Indiana, Kansas City (MO), Louisiana, Massachusetts, Michigan, Nevada, Ohio, Oregon, Pennsylvania, Philadelphia (PA), St. Louis (MO) and West Virginia.
Within the margins, most of these new stay-at home orders include the same or similar mandates that have been placed upon residents of California, Illinois, New York and New Jersey, though you should understand that the restrictions and requirements that are now coming online in these and other additional jurisdictions may differ.
Here, we provide a big picture look at the essence of the newest directives that have been or are being issued. Note that the list of judges, mayors and governors signing similar orders into law is growing exponentially, and this alert is not intended to be exhaustive or address every jurisdiction that is now impacted.
Q. When will residents in Connecticut, Dallas (TX), Delaware, Indiana, Kansas City (MO), Louisiana, Massachusetts, Michigan, Nevada, Ohio, Oregon, Pennsylvania, Philadelphia (PA), St. Louis (MO) and West Virginia be required to stay at home?
A. The effective dates vary. They are as follows:
Connecticut—8:00 p.m. (EDT) tonight (Monday, March 23), and an end date is not specified
Dallas (TX)—11:59 p.m. (CDT) tonight, with a preliminary end date of April 3
Delaware—8:00 a.m. (EDT) Tuesday, March 24, with a preliminary end date of May 15
Indiana—11:59 p.m. (EDT) Tuesday, March 24, with a preliminary end date of April 6
Kansas City (MO)—12:01 a.m. (CDT) on Tuesday, March 24, to be reassessed in 30 days
Louisiana—5:00 p.m. (CDT) today, with a preliminary end date of April 12
Massachusetts—12:00 p.m. (EDT) Tuesday, March 24, with a preliminary end date of April 7
Michigan—12:01 a.m. (EDT) Tuesday, March 24, with a preliminary end date three weeks later
Nevada—Became effective on Friday, March 20, with a preliminary end date of April 16
Ohio—11:59 p.m. (EDT) tonight, with a preliminary end date of April 6
Oregon—the stay-at-home order is still pending. On Friday, March 20, Governor Kate Brown told resident to stay home, with the specific legal directive still in the works
Pennsylvania—Became effective on Thursday, March 19, but only with respect to all “non-life-sustaining businesses” in the state. Enforcement actions against such businesses that do not close physical locations begin today
Philadelphia (PA)—8:00 a.m. (EDT) today, and an end date is not specified
St. Louis (MO)—6:00 p.m. (CDT) this evening, with a preliminary end date of April 6
West Virginia—8:00 p.m. (EDT) Tuesday, March 24, and an end date is not specified
Q. Understanding there may be differences from jurisdiction-to-jurisdiction, broadly, what are residents of effected cities and states allowed to do while these stay-at-home orders are in place?
A. People living in cities and states with stay-at-home mandates must avoid all nonessential outings and gatherings (read: parties, celebrations, etc.) and stay inside as much as possible. Still, the directives typically allow individuals to perform tasks essential to the health and safety of their families and pets. They can leave their homes to buy groceries, medicines, household supplies and other consumer products (like auto parts and gasoline); obtain medical care; pickup to-go orders at restaurants; go for walks (with or without their pets), bike rides and runs or otherwise exercise; and work so long as their jobs are “essential.” When leaving home for whatever permissible reason, people are to practice social distancing measures and keep 6 feet between themselves and those around them.
Q. Are these stay-at-home orders mandatory?
A. Yes, and in most, if not all, jurisdictions, it is a misdemeanor punished by a fine, imprisonment or business closure not to follow them.
Q. What businesses can remain open in places with stay-at-home directives?
A. “Essential businesses” may continue to operate, albeit while practicing social distancing to the extent possible. These have included, but are not limited to:
- Health care and public health operations
- Stores that sell groceries and medicine
- Food, beverage and licensed marijuana production and agriculture establishments
- Restaurants that offer carry-out or take-out
- Organizations that provide charitable and social services
- Religious entities
- Newspapers, TV, and radio organizations
- Gas stations and businesses needed for transportation
- Banks, financial and insurance institutions
- Hardware and supply stores
- Post offices and other businesses that provide shipping and delivery services
- Laundry services
- Educational institutions
- Hotels and motels
If you are uncertain whether your business can be characterized as “essential,” your local stay-at-home order should be reviewed.
Q. Are there specific businesses that have been ordered to stay closed in jurisdictions under stay-at-home orders?
A. Yes. For the most part, the following establishments may not operate where residents have been directed to stay-at-home: casinos; concert and entertainment venues; racetracks; gyms and fitness centers; movie theaters; nightclubs; indoor portions of retail shopping malls; amusement parts and other family and children’s attractions; barber shops; beauty and nail salons; spas; massage parlors; tanning salons; tattoo parlors; and public and private social clubs. Of course, your local order, if any, should be consulted if you operate any of the foregoing businesses and need to determine your rights.
Q. If I am governed by a stay-at-home order, can I use public transportation at this time?
A. As a rule, yes, but only if traveling for the permissible reasons listed above or if you are commuting to work at an ”essential business,” and only if you have no other feasible choice. If you do use public transportation, you should make all efforts to stand or sit six feet away from other riders and frequently use sanitizing products.
Q. What do the various stay-at-home orders say about the workforce?
A. Our leaders are encouraging us to work from home to the extent we can, and that is true whether or not we work for “essential businesses.” With that in mind, all businesses should do their best to allow and accommodate workers to work from home. This is the case whether or not these entities are open or closed to the public.
It is understood that this is not always possible; some functions cannot be performed remotely. In such instances, businesses and non-profits should do their best to reduce staff on site to the minimal number necessary to ensure that essential operations can continue.
Bottom line, when it comes to employment: even if you (1) operate an “essential business” and (2) the work that needs to be done cannot be accomplished from a worker’s home, (3) then only for the time necessary should that worker go to work.
We will continue to monitor new stay-at-home and similar orders that become effective going forward.
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.