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

In the evolving COVID-19 pandemic, businesses are having to re-evaluate their short-term and long-term needs. There are several actions companies can take to avoid business disruption.

The Department of Labor (DOL) shared more insights into the Families First Coronavirus Response Act (FFCRA). These latest additions to the DOL’s guidance include a few surprises, which we’ve highlighted here.

One of the biggest surprises was that the DOL provided two different definitions of the exact same words in the Act—Health Care Providers:

• For purposes of determining who can advise an employee to self-quarantine, a “health care provider” is limited to a licensed doctor of medicine, nurse practitioner, or other health care provider permitted to issue a ...

Yesterday, March 26, the Department of Labor (DOL) issued additional guidance on how the Families First Coronavirus Response Act (FFCRA) will be applied, the latest in a string of expected clarifications leading up to the April 1 effective date. The FFCRA includes the Emergency Family and Medical Leave Expansion Act (EFMLA) and Emergency Paid Sick Leave Act (EPSLA). This guidance provided several important clarifications for employers on the DOL’s enforcement policy.

Here are the highlights:

Implications of Furloughs and Closures

• Furloughed employees, or employees whose ...

The Coronavirus Aid, Relief, and Economic Security Act, or the CARES Act, has been passed by Congress and awaits signature by the President. The CARES Act includes the much anticipated Paycheck Protection Program (PPP), establishing the guidelines for a new category of loans guaranteed by the Small Business Administration (or SBA) that will soon be available to certain eligible businesses. The loans are intended to provide borrowers much-needed liquidity during these uncertain times, and, notably, the principal amounts borrowed under the PPP may be entirely forgiven under ... Read More 

On March 27, 2020, North Carolina Governor Roy Cooper issued Executive Order No. 121, a statewide "Stay at Home" order, which is intended to slow the spread of COVID-19 in our state.

The Order goes into effect at 5 p.m. on Monday, March 30, 2020, and will remain in effect for 30 days, unless revised or rescinded by further action of the Governor. It supplements prior orders, the provisions of which remain in effect, including the prohibition on dining-in at restaurants and other restrictions.

The intent of the Order is to ensure that the maximum number of North Carolina residents ... Read More 

The Golden LEAF Foundation is providing $15 million in funding to launch a rapid recovery loan program in response to economic losses for small businesses related to COVID-19. The program is being launched by a consortium of public, private and non-profit partners who have come together to help stabilize North Carolina’s small business sector during these uncertain times. The program will be managed by the NC Rural Center and is designed to provide a bridge for small businesses needing immediate capital while they are in the process of applying for a Small Business Administration ... Read More 

As companies navigate the COVID-19 pandemic, they should take stock of existing insurance policies that may provide coverage for:

• damages and losses suffered by the company, or
• potential liability of the company.

What Type of Claims Could Arise?

While this pandemic and the government response is unprecedented, your business may encounter several issues giving rise to a claim under one or more types of insurance policies. Examples of these issues and the types of insurance that may provide coverage are:

• Slowdown or stoppage of business   
  • ​Property insurance with business ...

Last night the Department of Labor (DOL) issued its first guidance on how the Families First Coronavirus Response Act (FFCRA) will be applied. A description of the provisions of the two new acts requiring leave under the FCRA: the Emergency Family and Medical Leave Expansion Act (EFMLA), which provides for 12 weeks of leave to care for a child due to school closure, and the Emergency Paid Sick Leave Act (EPSLA), which provides for 80 hours of leave for certain COVID-19 reasons, can be viewed here.

Here are the key takeaways from the new DOL guidance:

• Effective Date: The laws go into effect on ...

On March 25, 2020, the U.S. Department of Labor (DOL) published a workplace notice that covered employers (including certain federal employers and all private employers with fewer than 500 employees) must provide to employees in accordance with the Families First Coronavirus Response Act (FFCRA). Specifically, the notice provides employees with relevant information regarding their rights under the Emergency Family and Medical Leave Expansion Act (EFMLA) and the Emergency Paid Sick Leave Act (EPSLA) portions of the FFCRA. The DOL requires covered employers to post the notice ... Read More 

As a result of the COVID-19 pandemic, companies are facing a wide array of business challenges, many of which would likely not have been contemplated a few weeks ago. These challenges increasingly include government-ordered shutdowns and financial turmoil that may make maintaining existing operations exceedingly difficult. With this uncertainty, many businesses are reviewing their key contracts to see what protections, and potential issues, may exist.

While all contracts are unique and require individual analysis, there are a few key clauses and considerations that all ... Read More