Restaurants, Bars, Hair Salons and Barbershops Among Those Included in May 7, 2020 Order On Thursday, May 7, 2020, Ohio Governor DeWine announced Ohio’s plan for additional nonessential businesses to open their doors to customers. Governor DeWine has announced that the restaurant and personal care working groups, which are two separate Ohio task forces comprised of stakeholders in these business sectors, have concluded their work. These two working groups have submitted their completed reports containing best practices and guidelines for re-opening to the Governor. While Ohio’s Stay Safe Order still prohibits gatherings of more than 10 people, the Governor announced …
PPP Loans — Building the Case to Support Your Certification of Economic Need
UPDATE AS OF MAY 5, 2020 – SBA EXTENDS SAFE HARBOR TO MAY 14, 2020 AND PROMISES FURTHER GUIDANCE PRIOR TO THEN In creating the Paycheck Protection Program (“PPP”), the CARES Act required that “an eligible recipient applying for a covered [i.e., PPP] loan shall make a good faith certification that . . . the uncertainty of current economic conditions makes necessary the loan request to support the ongoing operations of the eligible recipient.” To that end, the application for a PPP loan includes the following certification by the applicant: “[c]urrent economic uncertainty makes this loan request necessary to support …
Coolidge Wall to Host Webinar – Getting Back to Work in Ohio
As Ohio begins to return to the workplace on May 4, there are a host of topics business owners are working through to prepare for a “new normal,” including: How to effectively and legally re-open and get back to business How to ensure safe work environments and best practices for rehiring Workers’ Compensation The latest on relief and stimulus programs, including the Paycheck Protection Program and loan forgiveness Join Coolidge Wall Labor & Employment, Workers’ Compensation and Corporate attorneys David Pierce, Marc Fleischauer, Michelle Bach, and Michael Osborn for a complimentary Zoom Webinar as they share information and updates on …
Ohio Begins to Go Back to Work
On Monday, April 27, 2020, Ohio Governor DeWine announced Ohio’s plan for nonessential business to return to normal operations. While Ohio’s Stay at Home Order remains in place and gatherings of 10 people or more are generally not permitted, the Governor announced that certain businesses can open on the following timetable: May 1: Most Healthcare Procedures resume, provided that they do not require overnight stays. Dental and veterinary procedures may also resume. May 4: Reopening for General Office Environments. The Department of Health provided mandatory and best practices guidance. Employees and guests must maintain social distancing and use physical barriers …
Business Interruption Insurance Claims and Denials – Your Coverage May Vary
Business interruption insurance is intended to cover income lost because ordinary operations are disrupted (typically by a natural disaster, but also because of government action in some cases). Has anything in recent memory been more disruptive to business operations than COVID-19? Business interruption is an optional extra added on to casualty insurance (your commercial general liability policy, property damage coverage, etc.). If you do not know whether you have it, you should probably stop reading now, and go check. While you are checking, look to see whether you have endorsements or riders specifically covering communicable diseases. Your business interruption policy …
Ohio Enforcement Regarding “Essential” Business Determinations
As virtually all Ohio residents and business owners know, Dr. Amy Acton, the Director of Ohio’s Department of Health, issued a “Stay at Home Order” on March 22, 2020, and issued an amended and extended Stay at Home Order through May 1, 2020, on April 2, 2020. Dr. Acton’s Order requires “all businesses and operations” in Ohio to cease all activities except “Minimum Basic Operations” unless the business activities consist only of employees working from home. The Order permits “Essential Businesses and Operations” to continue – with requirements relating to social distancing to protect employees and patrons. The Order prompted …
Federal Reserve Announces Roll Out of Main Street Lending Program
The Federal Reserve on April 9, 2020 announced the basic preliminary terms of its Main Street Lending Program (“MSLP”) authorized under the CARES Act. The MSLP will enhance support for small and mid-sized businesses “that were in good financial standing before the crisis” by offering 4-year loans to companies employing up to 10,000 workers or with revenues of less than $2.5 billion. The MSLP offers non-forgivable (unlike the Paycheck Protection Program) loans from private banks in two varieties: (1) a new loan with a maximum loan amount of $25 million (a “New Facility”) (New Facility Term Sheet.pdf), and (2) an …
Small Business Administration Provides Further Guidance on Key Payroll Protection Program Questions
The SBA FAQ PUBLISHED April 6, 2020, (https://home.treasury.gov/system/files/136/Paycheck-Protection-Program-Frequenty-Asked-Questions.pdf) clarifies several issues for which many small businesses and their advisors have been seeking guidance. 1. Alternative Size Test Available We know applicants with less than 500 employees qualify for a PPP Loan, as do other businesses that meet the size test based on their NAICS Code, even if they employ greater than 500 employees; however, a “small business concern” can also qualify for the Paycheck Protection Program if it meets both tests in SBA’s “alternative size standard” as of March 27, 2020. Those tests are: (i) maximum tangible net …
UPDATED: Federal and State Courts in Ohio Extend Deadlines and Change Procedures
We previously reported that Ohio’s General Assembly passed emergency COVID-19 legislation that “tolled” or postponed all statutory deadlines in the State of Ohio that otherwise would have expired between March 9, 2020 and July 30, 2020. That post can be found here. Since that time, the Ohio Supreme Court issued an order on March 27, 2020 tolling the time requirements imposed by Ohio court rules that otherwise would have expired between March 9, 2020 and July 30, 2020 (or the expiration of Governor Mike DeWine’s emergency order, Executive Order 2020-01D, whichever comes sooner). While the Supreme Court did not close …