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

On April 24, 2020, Governor Cooper closed schools for in-person instruction for the remainder of the 2019–2020 school year. On May 4, 2020, the Governor signed into law the COVID-19 Recovery Act (the “Act”), effective immediately, which was passed by both houses of the General Assembly on May 2, 2020. The Act affects public schools, personnel, future educators, and students in myriad ways. The stated purpose of the sections of the Act affecting public education is “to clarify or modify certain requirements in consideration of actions and circumstances related to the ... Read More 

Two bills (S 704, a policy bill, and H 1043, an appropriations bill) to address COVID-19’s impact on North Carolina were enacted over the weekend. Legislators met in a rare Saturday session to pass the bills and Governor Roy Cooper, who made a number of proposals on these matters, signed the bills into law.

Both bills addressed a variety of topics including health care, education, operations of state and local government, regulatory matters, and unemployment compensation.  Highlights from the bills are discussed below.

S 704 (Policy bill)

• Postpones certain income tax payments to ...

On May 4, 2020, the Governor signed into law the COVID-19 Recovery Act (the “Act”), effective immediately, which was passed by both houses of the General Assembly on May 2, 2020. The Act establishes new requirements for public bodies conducting meetings and hearings during a Declaration of Emergency.

Public Meetings

A remote meeting is one where any member of the public body is participating through simultaneous communication, which may include telephone, video, or other electronic means. Public bodies have been and are permitted to conduct meetings electronically so long as ... Read More 

The crisis has not passed, but many employers are reaching out to us about returning their employees to work. In some cases, it’s because employers have received PPP funds and want to make sure they are appropriately managing employee payroll, including headcount, to take advantage of loan forgiveness. In others, employers are preparing for Governor Cooper’s phased approach to lifting restrictions, monitoring North Carolina’s COVID-19 trends.

Whatever the situation, we’ve identified several important things employers should be thinking about as they return ... Read More 

While the United States Patent and Trademark Office (USPTO) remains open for online filings, it has further extended many trademark and patent deadlines due to the COVID-19 outbreak. 

Trademark

Under the authority of the CARES Act, the USPTO announced yesterday evening that if one of the deadlines listed below fell between March 27, 2020 and May 31, 2020, then such a filing is timely if made on or before June 1, 2020. This enlarges by a month the prior range of deadlines subject to the prior COVID-19 extension and generally imposes a fixed deadline by which the filings should be made.

The ... Read More 

On April 20, 2020, North Carolina Governor Roy Cooper issued Executive Order No. 134  permitting employers to provide financial assistance to employees who have been temporarily furloughed for reasons related to COVID-19 without affecting their unemployment insurance benefits. Typically, such financial assistance would reduce, delay, or preclude employees’ unemployment benefits. However, recognizing the unique circumstances presented by the COVID-19 pandemic, Executive Order No. 134 authorizes employers to make “COVID-19 Support Payments” to ... Read More 

The COVID-19 pandemic creates a unique set of circumstances for nonprofits. Many of them are facing similar challenges to for-profit businesses — how to manage employees working remotely, dealing with declining revenue — but without clarity about how the federal stimulus measures will benefit them. In addition, these times have created challenges for nonprofits with respect to governance issues, such as how directors and members of nonprofits can take action while remaining in compliance with the State of North Carolina’s "stay at home" orders.

The good news is, based ... Read More 

The Coronavirus Aid, Relief, and Economic Security Act (CARES) enacted on March 27, 2020 contained several provisions related to the provision of loans by the Small Business Administration (SBA), including loans under the Paycheck Protection Program (PPP) and Economic Injury Disaster Loan Program (EIDL). Unlike traditional SBA loans, which are not available to non-profit entities, faith-based organizations will generally be eligible for loans under these programs.

Requirements

The SBA has issued guidance that any faith-based organization is eligible to receive the PPP and ... Read More 

North Carolina Governor Roy Cooper took additional executive action this week related to the COVID-19 virus and its impact on the state.

On Thursday, April 23, he issued Executive Order 135, which extends until May 8 the statewide “Stay At Home” order first issued in Executive Order 121 on March 27. EO 135 also extends closure of restaurants for dine-in service and bars and closure of other close-contact businesses. 

When releasing the order on Thursday, the Governor outlined a plan, which would have North Carolina gradually re-open over three phases to prevent hot spots of ... Read More 

On Friday, April 17, 2020, USDA introduced the Coronavirus Food Assistance Program (CFAP), which aims to compensate farmers, maintain supply chains, and support food security. At least $19 billion will be distributed to agricultural producers under CFAP through two mechanisms, direct payments and commodity purchases. Note that the Agricultural Marketing Service (AMS) expects to release its solicitation for food box distribution proposals on Friday, April 24, 2020, with applications due by the following Friday, May 1.

Direct Payments: $16 billion

Commodity producers will ... Read More