COVID-19 Response Resource Center: Timely Counsel for your Business

On Aug. 8, 2020, President Trump issued a memorandum calling for the Secretary of Treasury to allow for the deferral of payroll tax withholding on the employee portion of certain payroll taxes. This memorandum is separate from the ability of employers to defer their own payroll tax obligations under the CARES Act and is intended to provide stimulus to the economy by temporarily boosting take-home wages. On Aug. 28, 2020, the Department of Treasury and Internal Revenue Service issued Notice 2020-65, allowing employers to defer payroll tax withholding, but requiring all ... Read More 

This week, Governor Roy Cooper issued Executive Order 163 moving North Carolina to a “Safer at Home” Phase 2.5. The new Order is effective Sept. 4, 2020 at 5 p.m. through 5 p.m. on Oct. 2, 2020.

Highlights of the new Order include:

• Mass gathering limits will increase to 25 people indoors and 50 people outdoors from the current limits of 10 indoors and 25 outdoors.
• Playgrounds may open.
• Museums and aquariums may open at 50% capacity.
• Gyms and indoor exercise facilities, such as yoga studios, martial arts, and rock climbing, as well as skating rinks, bowling alleys, and fitness or ...

The COVID-19 pandemic is impacting every facet of the economy, including commercial construction and real estate. While the depth of some of the impacts may not be known for months, if not years, there are several emerging trends shaping these industries now.

Construction Financing Issues

In the early days of the COVID-19 pandemic this spring, many companies looked at stopping, or at least pausing, construction projects due to the uncertainty about the economy. Many projects remain paused as owners continue to worry about their long-term viability or if there is demand for office or ... Read More 

On Aug. 5, Governor Roy Cooper issued Executive Order 155, which further extends North Carolina’s “Safer At Home” Phase 2 through 5 p.m. on Sept. 11, 2020.

The new Executive Order extends and continues the measures of Executive Order No. 141. Executive Order No. 141 was previously amended by E.O. Nos. 147 (to include face covering requirements), 151 and 152.

As justification for extending Phase 2, which was first entered into on May 22, 2020, and has now been extended through Sept. 11, the governor cited several key metrics which have been trending in a concerning ... Read More 

A federal court in New York has invalidated portions of emergency Department of Labor (DOL) regulations that employers have been using to create their policies and determine whether to grant leave under the Families First Coronavirus Response Act (FFCRA).

Under the FFCRA, there are two leave laws that provide employees the ability to receive pay for certain absences relating to COVID-19. Summaries of these laws are available in our prior alerts: Emergency Paid Sick Leave Act (EPSLA) and Emergency Family and Medical Leave Expansion Act (EFMLEA).

The DOL issued regulations ... Read More 

This article is part of a series in which Brooks Pierce highlights clients that are going above and beyond to help combat the effects of the COVID-19 crisis in their communities.

Cintra, a subsidiary of global infrastructure operator Ferrovial, is a key partner in developing the I-77 Express lanes between Charlotte and Mooresville. The company’s work in Mecklenburg County drew its attention to the growing number of families in the community struggling with basic needs like food and housing due to COVID-19. So, the company decided to give back in a number of ways.

In May, Ferrovial ... Read More 

On July 14, 2020, Gov. Roy Cooper outlined a plan for K-12 school openings. Under Plan B, schools are required to follow certain guidelines issued by the North Carolina Department of Health and Human Services (NCDHHS). Schools may also choose to reopen under Plan C—remote learning only—and school districts are encouraged to allow families to opt-in to all-remote learning.

North Carolina issued guidance regarding what Personal Protective Equipment (PPE) school districts will receive from the state through a two-month PPE Starter Pack, as well as what PPE school districts ... Read More 

The one constant in the COVID-19 pandemic is that the guidance keeps changing. We have highlighted it before and we’ll do it again: Part of every employer’s COVID-19 preparedness and response plan needs to include the designation of someone in the company who will periodically review the website for the Center for Disease Control (CDC) and other key organizations such as the Department of Labor and the Department of Health and Human Services for changes to their guidance on COVID-19 precautions.

On Monday, the CDC changed key elements in its recommendation for determining when a ... Read More 

This week, Gov. Roy Cooper outlined a plan for K-12 school openings and extended the “Safer at Home” Phase 2 of the state’s plan to respond to the COVID-19 virus.   

Under the Plan B outlined by the Governor, schools are required to follow key safety measures including:

• Requiring face coverings for all teachers and students
• Limiting the total number of students, staff and visitors within a school building to the extent necessary to maintain six feet of spacing when students/staff will be stationary 
• Conducting symptom screening, including temperature checks 
• Establishing a ...

Governor Roy Cooper this week issued Executive Order 147). The Order extends until 5:00 p.m. on July 17 the “Safer at Home” Phase 2 of the State’s plan to respond to the COVID-19 virus. Cooper cited a number of metrics, including an increase in the number of new virus cases and people hospitalized due to the virus, as reasons to extend Phase 2.

The new Executive Order extends and amends Executive Order 141, which had targeted June 26 for a move to Phase 3. Instead of moving to Phase 3, EO 147 maintains current Phase 2 restrictions on the opening of facilities such as public ... Read More