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

As COVID-19 has spread throughout the world and within the United States, companies of all sizes have had to make quick decisions about how to implement work-from-home procedures. While many businesses are accustomed to having some of their employees work remotely at any given time, the sudden shift to a majority of the work force being away from controlled office networks and environments presents a unique and heightened set of technical and cybersecurity challenges. Below are a few key considerations that businesses who have made or are trying to make the shift to a work-from-home ... Read More 

Employers are faced with difficult and unpleasant choices in response to the current COVID-19 crisis. Some are closing down or reducing operations. This guidance addresses your rights and obligations concerning salaried employees, and suggests strategies available to you.

The general rule under the federal Fair Labor Standards Act (FLSA) is, if an employee is “salaried” and works any time during a workweek, the full salary for the workweek is due. For these purposes, “salaried” refers to exempt employees subject to “white collar exemptions” under the FLSA ... Read More 

The U.S. Small Business Administration (SBA) is offering low-interest federal disaster loans for working capital for small businesses and private non-profits in North Carolina and other states impacted by COVID-19, commonly known as the coronavirus. The SBA is encouraging all small businesses and private non-profits impacted by COVID-19 in affected states to apply now, with hopes of getting the money in the hands of those who need it in just a few weeks. Here are the highlights of the SBA Economic Injury Disaster Loan Program (SBA EIDLP).

Who is eligible? All small businesses and ... Read More 

This article originally appeared on the North Carolina Bar Association's Blog on March 19, 2020.

North Carolina’s courts have taken further steps to address the impact of COVID-19 on the court system.

North Carolina Supreme Court

The Supreme Court will not be holding travel sessions in April or May. Cases previously scheduled for April or May may still be heard, at the litigants’ option:

1. Via WebEx the week of May 4 at a specific date and time set by the Court,
2. At a later date, or
3. The matter may be decided on the briefs

North Carolina State Trial Courts

Today, Chief Justice Beasley ... Read More 

To our valued clients and friends of the firm:

It is now self-evident that all of us have been impacted by COVID-19. The statement that “we are all in this together” has never been more applicable than now. We hope that you and your family, friends, and colleagues are safe and well, and we are certain that with shared commitment to one another and the needs of our community we will get through this extraordinary time.

Like so many of you, Brooks Pierce has been closely monitoring the rapidly evolving situation with COVID-19. As part of our community, we want you to know that we have taken ... Read More 

Update: President Trump signed these Acts into law on March 18. They are expected to take effect no later than April 2.

Much has been made of the cost to employers of the leave required by the Emergency Paid Sick Leave Act and the Emergency Family and Medical Leave Expansion Act, which have now been passed by Congress and await the President’s signature. Under these new laws, if a non-governmental employer is required to pay wages to employees as a result of either Act, they are entitled to substantial tax relief.

Emergency Paid Sick Leave Act Relief

Under the Emergency Paid Sick Leave ... Read More 

The Equal Employment Opportunity Commission has posted guidance for employers regarding medical examinations and inquiries during the COVID-19 pandemic, linked here.

The guidance explains why each of the following employer actions are permissible under the current circumstances and reminds employers of important considerations if they are doing any of these:

• Asking about symptoms of COVID-19
• Taking body temperature of employees
• Requiring employees with COVID-19 symptoms to stay home
• Requiring doctors' notes certifying fitness for duty to return to work

Brooks ... Read More 

On March 17, 2020, North Carolina Governor Roy Cooper issued Executive Order No. 118 expanding the availability of unemployment insurance benefits to workers who have been affected by COVID-19 (commonly referred to as the coronavirus). The changes announced by Governor Cooper are consistent with U.S. Department of Labor guidance issued last week recommending that states utilize unemployment insurance benefits to lessen the financial burden caused by the coronavirus. Additionally, legislation currently pending before the U.S. Senate contains provisions that ... Read More 

Update: President Trump signed these Acts into law on March 18. They are expected to take effect no later than April 2.

Today the U.S. Senate voted to adopt House Bill 6201 with some corrections and clarifications. These changes make the bill much narrower than the earlier version. The President is expected to sign the bill into law. Additional legislation is in the works to address concerns about how employers are to meet the immediate cash flow obligation of paying for leave under this bill. 

The main provisions of the adopted bill are summarized below, but one of the most important ... Read More