As we have described previously in recent months, several precarious federal mandates have been issued by the administration of President Biden as the country works its way toward recovery from the COVID-19 pandemic. On November 5, 2021, OSHA issued an Emergency Temporary Standard (ETS), requiring that all employers with 100 or more employees either mandate COVID-19 vaccination for all employees or allow employees to elect weekly COVID-19 testing. In the most recent court challenge, this mandate, originally stayed by the Fifth Circuit Court of Appeals, has been reinstated by the Sixth Circuit Court of Appeals. Inevitably, the next stop will …
The State of Stays: Federal Vaccine Mandates Suspended for Now
As we have described previously in recent months, several precarious federal mandates have been issued by the administration of President Biden as the country works its way toward recovery from the COVID-19 pandemic. These federal mandates have imposed significant burdens on private industry by sapping much-needed corporate resources, creating a sense of overreach and invasiveness, and alienating vaccine-resistant employees at the exact moment many employers are trying desperately to rev back up and to revitalize the economy. The mandates have been implemented primarily by three executive-branch sources affecting three huge sectors of the economy: Executive Order 14042 affecting federal contractors, …
OSHA Issues Emergency Temporary Standard for Large Employers
The U.S. Occupational Safety and Health Administration (OSHA) issued its long-awaited Emergency Temporary Standard (ETS) requiring employers with 100 or more employees to ensure that their employees are either fully vaccinated against COVID-19 or are tested on a weekly basis. This ETS compliments previous efforts by the federal government to address the COVID-19 pandemic, including Executive Orders requiring federal contractors and federal employees to be vaccinated, and regulations issued by the Centers for Medicare and Medicaid Services (CMS) requiring vaccination for employees of health care facilities. Legal Challenges Legal challenges opposing the ETS have already been filed in various U.S. …
New Ohio COVID-19 Law Provides Businesses with Broad Immunity
On September 14, 2020 Governor DeWine signed House Bill 606 (the “Legislation”) into law giving many businesses protection from lawsuits due to COVID-19 and other infections. Specifically, the Legislation provides that no person is liable for a civil action for damages, injury, or death due to COVID-19 or similar illnesses unless the person engages in reckless conduct, intentional misconduct, or willful or wanton misconduct. These immunity provisions will become retroactive to March 9, 2020 and remain in effect until September 30, 2021. The definitions in the Legislation make it clear that the term “person” protects not only individuals but also …
Treasury Department Issues Loan Forgiveness Application Form and Instructions
On May 15, 2020, the United States Treasury Department issued its long awaited Paycheck Protection Program (“PPP”) Loan Forgiveness Application Instructions (“Forgiveness Application”), including a PPP Loan Forgiveness Calculation Form (with instructions) and a list of expected supporting documents to accompany the Forgiveness Application (3245-0407 SBA Form 3508 PPP Forgiveness Application.pdf). The following is a summary of the material points from this guidance.[1] Eight-Week Period for Measuring Forgiveness – a Helpful Option Added The Borrower’s loan forgiveness is measured during the eight-week/56-day period following receipt of the PPP loan, with the first day being the date of receipt of the …
COVID-19 Work Refusal: What To Do If An Employee Refuses To Go Back To Work
As non-essential Ohio businesses begin to reopen, some employees may not be eager to return. This could be due to lingering safety concerns about COVID-19 and/or because employees may be receiving an extra $600 a week in the form of unemployment benefits from the federal government. This $600 benefit is often in addition to whatever state unemployment benefits the employee receives, even if that results in the employee making more by staying at home than by returning to work. So, what can you do when you ask employees to come back to work and they refuse? First, it is important …
Businesses Deal with the Challenges of Re-Opening While Complying with Ohio Mandates
On Friday, May 15, 2020, restaurants and bars were authorized to re-open their patios to customers for outdoor dining and drinking in the state of Ohio. On the same day, personal care businesses (such as hair salons) were permitted to re-open. The businesses in the restaurant industry and personal care industry that opted to re-open over the weekend are accustomed to industry regulations. However, these and other businesses are now faced with the challenge of complying with government mandates and guidelines different from those that existed before the pandemic. The largest issues businesses are facing regarding re-opening may be related …
Ohio Sets Date For Additional Businesses To Re-Open
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 …
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 …