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 …
Legislative Update: Ohio’s Continued Effort to Legalize Sports Betting
In my September 6, 2018 blog post, I discussed the U.S. Supreme Court’s 2018 ruling in Murphy v. National Collegiate Athletic Association, which held that the Professional and Amateur Sports Protection Act of 1992 (“PASPA”) was unconstitutional. PASPA previously prohibited state-sanctioned sports betting and effectively outlawed sports betting anywhere but Nevada. The Supreme Court’s ruling opened the door for all 50 states to legalize sports betting within their borders. At the time, I cited two identical “placeholder” bills which had been introduced in the Ohio House and Senate, both of which made clear the General Assembly’s intention to enact legislation …
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 …
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 …
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 …
SBA Issues Last Minute Interim Rule On Paycheck Protection Program Loans
On Thursday, April 2, 2020, the U.S. Small Business Administration (SBA) issued an Interim Final Rule (IRF), which constitutes the much-anticipated “Regulations” called for in the CARES Act on implementation of the Paycheck Protection Program (PPP). While the IRF is considered “interim” and requests public comments over a 30-day period, it is anticipated that lenders will rely on it once they begin accepting and processing applications for those small businesses seeking PPP loans. We previously explained the program in our blog post found here. Among other key changes in the IRF are the following clarifications: Independent Contractors. Contrary to the …
Ohio Health Director Continues “Stay at Home Order” Through May 1, 2020
On Thursday, April 2, 2020, Governor DeWine announced an Amended “Stay at Home” Order issued by Ohio Health Director Amy Acton, MD, MPH (the “Amended Order”). The Amended Order extends the original Order’s two-week restrictions on the ability of individuals in Ohio to leave their residences, this time through May 1, 2020 at 11:59 PM. Additionally, the Amended Order continues the prior Order’s prohibition on the operation of non-essential businesses and operations. The same exemptions for businesses operating as “essential businesses and operations” created under the initial Order still apply. Notably, the Amended Order provides some new requirements for stores …
New IRS Guidance Requires Employees to Provide Information to Request Paid Leave
New guidance from the IRS, issued the evening of March 31, 2020, answers some of the questions left open by recent DOL publications on the issue of Emergency Paid Sick Leave (EPSL) and Expanded FMLA leave under the Families First Coronavirus Response Act (FFCRA). Perhaps most importantly, the IRS guidance identifies specific information that employers can require from employees seeking paid leave under the new statute. Employers may require a written request for any leave sought under the FFCRA including, at a minimum: The employee’s name; The date or dates for which leave is requested; A statement identifying the COVID-19 …