june 21, 2021
june 11. 2021
june 9, 2021
June 7, 2021
may 18, 2021
april 26, 2021
april 1, 2021
march 29, 2021
march 25, 2021
march 11, 2021
march 8, 2021
march 4, 2021
MARCH 2, 2021
- New $1.9 Trillion COVID Relief Bill Passes House, Moves to Senate
february 25, 2021
- Back to Basics: Small Businesses Given Priority for PPP Loans
- State Tax Treatment of Forgiven PPP Loans
FEBRUARY 3, 2021
january 11, 2021
january 5, 2021
january 4, 2021
december 28, 2020
DECEMBER 23, 2020
- Paycheck Protection Program: The Sequel
- Taking the Shot: Can You Require Your Employees to Get Vaccinated Against COVID-19?
- What Employees Need to Know About the Pending $900 Billion COVID-19 Relief Package
december 21, 2020
december 10, 2020
december 7, 2020
- New Statewide Stay-at-Home Orders in Effect as COVID-19 Surges
- Congress Working Toward $908 Billion Coronavirus Relief Package
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
OSHA Issues Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace
FEBRUARY 3, 2021
Last week, at the urging of the Biden administration, the Occupational Safety and Health Administration issued new COVID-19-related recommendations pertaining to work and workplace safety. As the agency points out, the Guidance is not a formal standard or regulation, but rather a group of advisory recommendations. Regardless, it is sure to become the metric by which employers’ COVID-19 workplace safety measures are judged. Further, all or part of the Guidance may be a precursor to an enforceable emergency temporary standard to be issued by OSHA, perhaps in the coming weeks.
A Multifaceted Approach to COVID Mitigation
The Guidance, which formalizes much of what is now common practice in workplaces nationwide, calls on employers to implement COVID-19 prevention programs that incorporate the following elements:
- Assignment of a coordinator to oversee COVID-19 policies and mitigation efforts.
- Identification of workplace locations where workers can be exposed to COVID-19, and implementation of a combination of measures to limit the spread of the virus, such as PPE usage, social distancing and frequent handwashing—even if an employee or visitor has been vaccinated.
- Adoption of measures to ensure that workers infected (or potentially infected) are separated and sent home from the workplace. The Guidance further lists a number of specific recommendations regarding isolation protocols, including who should be quarantined after exposure and who should be cleared to return to work.
- Protections for higher risk associates by way of “support” policies, such as working from home or locating workstations to less dense, better ventilated locations.
- Systems for communicating with workers about COVID-19 hazards and procedures.
- Employee training regarding COVID-19 policies and procedures in language employees will understand, assuming a multi-lingual workplace, and a means of tracking which workers have been notified of the policies and procedures and when notification was given.
- A policy to instruct workers exposed to or infected with COVID-19 to stay home and quarantine.
- Minimization of the negative impact of quarantine or worker isolation, including the provision of paid leave and benefits or salary continuation pursuant to the Coronavirus Response Act.
- Isolation of workers showing symptoms of COVID-19 at work.
- Enhanced cleaning and disinfection protocols (as specified in the Guidance) after a worker is suspected of having COVID-19.
- Provision of guidance to workers regarding screening and COVID-19 testing.
- Adherence to previously established OSHA standards. For example, Section 12 of the Guidance makes clear that an applicable employer must—consistent with previously established mandatory OSHA regulations—record work-related cases of COVID-19 on an OSHA Injury and Illness Form 300 log. More specifically, if an employer, such as a hospital or manufacturer, is obligated to maintain a Form 300, then it must report if a worker has a confirmed case of COVID-19, in which case it must be specified whether the exposure occurred at work, even if a home office or while in the field (note that this is a most challenging determination given that it is often difficult, if not impossible, to determine where a worker has become infected with COVID-19). It must also be stated on the Form 300 whether the worker requires time off from work or medical treatment.
- Policies that protect workers from retaliation for voicing concerns about an employer’s lack of COVID-19 infection control or adherence to the Guidance. This protection must be in place regardless of whether issues are raised in person (directly to an employer), via social media or otherwise. The Guidance recommends that employers establish a hotline or another anonymous mechanism for employees to report unsafe conditions, such as co-workers not wearing PPE and the like.
- Provision of COVID-19 vaccines at no cost to employees (a recommendation that, at present, is aspirational at best).
- Assurance that even vaccinated employees will adhere to PPE and social distancing protocols until medical evidence suggests that such measures are no longer necessary.
- Adherence to all other applicable and enforceable OSHA standards, including those that pertain to respiratory protection, sanitation, medical records, and, of course, the General Duty Clause that requires every employer to provide a safe workplace.
Ventilation, PPE, Hygiene
The Guidance also addresses workplace ventilation and refers to the ASHRAE (American Society of Heating, Refrigerating and Air-Conditioning Engineers) standards for “Building Operations During the Covid-19 Pandemic.” These standards touch upon everything from opening windows, the careful placement of fans, improving HVAC filters, operating HVAC systems 24/7, and implementing ultraviolet germicidal irradiation in select spaces.
In terms of PPE and hygiene, it is likely that OSHA will establish workplace PPE standards dictating the mandatory issuance of PPE; the type of PPE to be utilized; and where, when, and how employees can or should wash their hands. As for the latter, it is expected that employers will be required to put up posters regarding proper COVID-19 hygiene protocols.
Because OSHA’s recommendations are, in all probability, a harbinger of things to come, employers would be wise to familiarize themselves with the Guidance in order to plan for the future and put in place (or enhance already established) work rules.
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.