Even though OSHA has advised that no specific standard covers the novel coronavirus, human resource and safety personnel must be mindful of the generally-applicable standards that might apply. OSHA has issued several guidelines that, while not the rule of law, do offer guidance on addressing COVID-19 issues, including recordkeeping and 300 log reporting obligations. On April 10, OSHA issued guidance that appeared to limit what cases would be required to be reported on OSHA 300 logs ...
This tenth edition of Unprecedented, our weekly update on COVID-19-related litigation, finds us reporting fewer shutdown-related cases than in previous weeks, suggesting that these cases are winding down as the country opens back up. By contrast, our prediction that workers' compensation and personal injury cases would begin to pick up with reopening appears to have borne out, with this week bringing the first reported “household exposure” claim ...
"Earnings for North American coal miners may plunge by more than half this year as the coronavirus pandemic makes a weak market even worse, according to Moody’s Investors Service." Why this is important: The COVID-19 outbreak continues to wreak havoc with U.S. coal companies as the outbreak has exacerbated an already weak coal market. Moody’s Investors Service has just announced it expects U.S. coal production to drop 25 percent this year ...
Effective at noon today, May 29, 2020, Virginia Governor Northam's Executive Order 63 went into effect, requiring face coverings to be worn in certain circumstances. Specifically, a face covering is required for individuals aged ten and older when "entering, exiting, traveling through, and spending time inside" the following categories of businesses: All retail. Food and beverage, but only when reopened for indoor dining. Personal care/grooming - i.e ...
As we have learned through our ghosts of recessions past, the vast majority of those who become unable to pay their debts in economic downturns are honest, but unfortunate, debtors. That said, we also have learned that an appreciable number of debtors start taking drastic measures to preserve their assets and associated lifestyles during these times, sometimes engaging in a shell game designed to conceal or otherwise understate their assets when creditors start knocking on their door ...
Over a year ago, Congress amended the Bankruptcy Code to create Subchapter V, with the intent of encouraging small businesses (defined as those with less than $2,725,625.00 in debt) to file reorganization plans more often by saving certain costs of a routine Chapter 11. Congress then passed the CARES Act in response to the COVID-19 pandemic, raising the debt limit to $7,500,000.00 ...
Much of the bankruptcy chatter arising from the pandemic world in which we find ourselves is now focusing on the cascade of new bankruptcy cases that are predicted to arrive soon. We have already seen the effects of closed stores and no foot traffic on some of the big names in retail (J.C. Penney, J. Crew, Neiman Marcus, Pier 1, etc.), but many consumer cases are sure to follow, the result of the staggering number of layoffs and lost jobs that the pandemic has caused ...
This eighth edition of Unprecedented, our weekly update on COVID-19-related litigation, follows what we hope was a restful and meaningful Memorial Day weekend. For the third week in a row, shutdown challenges, workers' compensation claims, and wrongful death lawsuits have dominated the news cycle. But, we are also seeing a continuation in refund claims and an uptick in fraud claims involving everything from alleged misuse of sick days to corporate press releases ...
The curve has flattened, and all fifty states are at least partially reopened. This raises a number of questions about how your facility should proceed with reopening while continuing to protect not only your residents' health, but also their rights. Both failing to meet recommended guidelines and exceeding the guidelines can leave your facility vulnerable for future governmental action and lawsuits ...
This seventh edition of Unprecedented, our weekly update on COVID-19-related litigation, sees a continuation of the trend we identified last week: shutdown challenges, workers' compensation claims, and wrongful death lawsuits have dominated the past week’s news cycle. We expect these latter two types of cases, which we consider more broadly as COVID-19 exposure cases, to pick up significantly as the country reopens over the next several weeks ...
The COVID-19 pandemic hit employers hard and fast, causing employers to deal with loss of revenue, tough decisions in regard to workforce and pay issues, and new laws and other guidelines that had to be analyzed and implemented quickly, with little time for planning or preparation ...
On May 13, 2020, the Small Business Administration ("SBA") issued FAQ # 46 dealing with its plan to review certain PPP loans (in response to COVID-19) to determine if the “necessity” certification was made in good faith by the borrower at the time of application ...
As the COVID-19 pandemic continues, many states now are requiring mandatory testing of residents and employees of skilled nursing and assisted living facilities, including West Virginia, South Carolina, and Florida. Other states, such as Pennsylvania, are proposing legislation requiring mandatory testing. President Trump also has indicated that the federal government may require mandatory testing of all nursing home residents and employees nationwide ...
Lawmakers and citizens across the country are engaged in disputes over the breadth and duration of shutdown orders intended to slow the spread of the novel coronavirus. Pennsylvania was the first state, however, to have a case reach the U.S. Supreme Court where, despite a setback for the petitioners when their application for stay was denied, it remains pending. And, Pennsylvania may have the distinction of the most contentious dispute, as well ...
This sixth edition of Unprecedented, our weekly update on COVID-19 litigation, sees us reporting on many of the same types of cases. Consumers continue to seek refunds for goods and services that have been disrupted by the COVID-19 pandemic, with colleges and universities being a particular target. Consumers also have targeted retailers for alleged price-gouging behavior ...
The U.S. Equal Employment Opportunity Commission (“EEOC”) is delaying data collection for their annual EEO-1 Report filing. The EEO-1 Employer Information Report, is a survey that is required annually for larger employers and government contractors. The survey collects employment data organized by race, ethnicity, gender, and job category ...
On referral from Justice Alito to the full court, the Supreme Court of the United States on Wednesday denied an application to halt the enforcement of Pennsylvania Governor Wolf’s shutdown order ...
During this turbulent period, now is the time to evaluate your facility's admission procedures and paperwork, especially your arbitration agreement. You want to make sure that in the event of litigation they will withstand strict scrutiny by the court. Failure to do so may have dire consequences that will leave your facility vulnerable. If your admission procedures and paperwork are not sufficiently robust, a court will not enforce your facility's arbitration agreement ...
COVID-19 has caused a swift and unprecedented change to many social institutions in the United States (and worldwide). As a result, lawyers have been compelled to adopt new practices and policies to face the challenges of this time. No discipline has been changed quite as much, however, as that of the litigator. COVID-19, for example, has changed the way depositions will look for the immediate future ...
The Director of the U.S. Patent and Trademark Office on April 28, 2020 signed a Notice of Extended Waiver for certain deadlines associated with patent-related filings, if the missed deadline resulted from situations relating to COVID-19. Due dates between March 27 and May 31, 2020 are extended until June 1, 2020 ...
On May 5, 2020, the Small Business Administration extended the time in which certain borrowers of Paycheck Protection Program loans may take advantage of the certification safe harbor SBA announced on April 24, 2020. The SBA also issued guidance on applying the affiliation rules to businesses with U.S. and foreign affiliates ...
The Director of the U.S. Patent and Trademark Office on April 28, 2020 signed a Notice of Extended Waiver for certain deadlines associated with trademark-related filings, if the missed deadline resulted from situations relating to COVID-19. Due dates between March 27 and May 31, 2020 are extended until June 1, 2020 ...
Our COVID-19 Task Force stands ready to assist with developing your customized "playbook" for helping your business return to the new normal. Below are a few recent articles Spilman has published, along with a link to a recent webinar ...
Governor Wolf has selected 24 counties for movement from the red phase to the yellow phase of the reopening plan. Once a business is permitted to open in-person operations, they must comply with certain requirements that are set forth in a guidance document available here. The Guidance references certain orders and documents issued by the PA Department of Health, PA Department of State and Governor's Office ...
Governor Wolf announced that 24 Pennsylvania counties will move from the red phase to the yellow phase of the reopening plan beginning at 12:01 a.m. Friday, May 8. The 24 counties announced today are: Bradford, Cameron, Centre, Clarion, Clearfield, Clinton, Crawford, Elk, Erie, Forest, Jefferson, Lawrence, Lycoming, McKean, Mercer, Montour, Northumberland, Potter, Snyder, Sullivan, Tioga, Union, Venango and Warren ...
