Lawyers prosecuting COVID-19 claims should keep the law’s potential speedbumps in mind as they drive their cases. This article briefly describes what both sides of the bar should consider—and look for moving forward—when navigating COVID-19 cases in Florida. Florida recently codified significant protections for individuals, businesses and other organizations facing COVID-19-related lawsuits ...
A dangerous trap for an unwary insured looking for insurance coverage can be a notice provision. To trigger certain liability insurance policies, the insurer may require that a “claim” be both made against an insured and that the insured then report such claim to its insurer during the time the single insurance policy is in effect. This is what is known as a “claims-made-and-reported” policy ...
When Oregon Occupational Safety and Health (Oregon OSHA) adopted permanent rules related to COVID-19 back in May 2021, it did so with the caveat that it would repeal the rules once it determined that they were no longer necessary to address the pandemic. As of June 30, 2021, Oregon OSHA has formally removed the facial covering and physical distancing requirements for most workplaces under Oregon OSHA’s jurisdiction ...
On June 28, 2021, the CFPB issued a long-awaited set of final rules outlining a number of new COVID-19 mortgage servicing requirements and protections. As expected, the CFPB’s recent release includes, among other things, a COVID-19 foreclosure moratorium, additional COVID-19-related early intervention live contact and reasonable diligence requirements, and relief from the CFPB’s anti-evasion requirements for certain COVID-19 loan modifications ...
On June 28, the Consumer Financial Protection Bureau (CFPB) issued a new rule (Rule) setting forth loss mitigation/loan modification steps residential mortgage loan servicers must take in regard to mortgage loan borrowers due to possible COVID-19 related hardship, and when servicers may or may not commence foreclosure proceedings. The Rule will take effect on August 31, 2021 and remain in place until December 31, 2021 ...
On June 17, the Supreme Court rejected another court challenge to the Affordable Care Act (“ACA”), holding that the plaintiffs lacked standing to challenge its minimum essential coverage provisions. For the third time, the Supreme Court upheld the ACA. More than a decade after the ACA was enacted, the long and winding road of ACA challenges may be over and healthcare industry participants may finally be able to rely on the ACA as settled law moving forward ...
Litigation between the Associated General Contractors of America (AGC) and the Small Business Administration (SBA) may be nearing an end (The Associated General Contractors of America, Inc. vs. United States Small Business Administration, et al.,United States District Court for the District of Columbia). AGC initially filed a lawsuit against SBA in December 2020, challenging the introductions of Form 3509 and Form 3510 (Loan Necessity Questionnaires) in October 2020 ...
Before adjourning its 2021 session, the Oregon legislature passed an act that will make it more difficult for health care systems, insurers, and other health care entities to merge with, acquire, or otherwise join forces with their industry counterparts. Proponents of the Equal Access to Care Act, which is also known as House Bill 2362, contend that the new legislation is necessary to combat access limitations and price increases caused by consolidation in the health care arena ...
Starting around October 26, 2020, the Small Business Administrations (the “SBA”) asked Paycheck Protection Program (“PPP”) lenders to provide certain questionnaires to PPP borrowers with loans of $2 million or greater. There are two questionnaire forms on the Treasury: Form 3509 for for-profit borrowers and Form 3510 for non-profit borrowers ...
New York State Lifts Restrictions. On June 7, 2021, New York Governor Andrew Cuomo declared that the State would lift most remaining COVID-19 restrictions when 70% of adult New Yorkers had received their first dose of a COVID-19 vaccine. On June 15, 2021, Governor Cuomo held a press conference to announce that New York had reached the 70% first-dose threshold ...
Key Points Effective July 1, 2021, the state law rules regarding break-in-service and hours limitations for hiring public-sector retirees will be reinstated. Public sector employers and retirement systems need to determine if any action, such as reinstatement or compliance with required governing agency appointment process, is required to continue to employ retirees who were hired or whose employment was extended during the COVID emergency ...
Key Points Fully vaccinated employees no longer need to wear face coverings indoors or outdoors. The revised ETS removes all social distancing requirements. Employers must provide respirators to employees who are not fully vaccinated "upon request." Governor has issued an executive order which makes the revised ETS enforceable immediately upon submission to the Office of Administrative Law ...
Prior to the pandemic, companies allowed remote work sparingly and where necessary because of the location of certain key players in other states or countries. Many employers felt that remote work was not practical, citing technology gaps and company culture. According to a survey of 600 IT decision-makers conducted in May 2020 by research firm Vanson Bourne for Xerox Holdings Corp ...
On June 7, 2021, the Department of Managed Health Care (“DMHC”) issued an All Plan Letter (APL-21-016) to the health care service plans it regulates, announcing that health care service plans must continue to cover certain COVID-19 testing for their enrollees beyond the now-expired DMHC’s emergency regulation[1] (“Emergency Regulation”) ...
Last week, the Occupational Safety and Health Administration (OSHA) issued a COVID-19 Emergency Temporary Standard (ETS) for employers only in the health care sector in response to President Joe Biden’s January Executive Order on Protecting Worker Health and Safety. The ETS becomes effective on the date it is published in the Federal Register, which is yet to be determined. In addition, OSHA promulgated new non-binding guidance for employers in all other sectors ...
Back in mid-March, the Department of Labor (DOL) notified key stakeholders of the likelihood it would be issuing new regulations concerning COVID-19. Yesterday, the Occupational Safety and Health Administration (OSHA) of the DOL issued the long-awaited Emergency Temporary Standard (ETS) regarding safety requirements that healthcare employers must implement and adhere to in light of COVID-19 ...
Haynes and Boone, LLP Counsel Raquel Alvarenga talked with HR Magazine about continued COVID-19-related accommodations for vaccinated employees.Below is an excerpt:Many businesses have developed policies on providing reasonable accommodations to employees who refuse to get a COVID-19 vaccine for religious or disability-related reasons. Employers shouldn't forget that fully vaccinated workers may need accommodations, too.In recently updated guidance, the U.S ...
Do you trust your employees about their vaccination status, or do you need to see proof? Since the Centers for Disease Control and Prevention’s (CDC) new mask guidance came out last week, many employers have been wrestling with the question of how best to determine the COVID-19 vaccination status of their employees ...
Starting in 2020, the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) expanded the deductibility of charitable contributions to incentivize charitable giving during 2020. The Consolidated Appropriations Act (the “CAA”), which was passed on December 27, 2020, extended and expanded many provisions of the CARES Act for 2021, which continues to make this a favorable time for making charitable contributions ...
In Notice 2021-31, the Internal Revenue Service (IRS) provides broad guidance in a question-and-answer format on the application of the American Rescue Plan Act of 2021 (ARP) regarding premium assistance under the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) continuation coverage provisions ...
On Wednesday, a federal judge in Texas denied Factory Mutual’s Rule 12(c) motion for judgment on the pleadings, finding that the plaintiffs adequately alleged that the presence of COVID-19 on their property caused covered physical loss or damage in the case of Cinemark Holdings, Inc. v. Factory Mutual Insurance Co., No. 4:21-CV-00011 (E.D. Tex. May 5, 2021) ...
The EEOC updated its very clearly titled, “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws,” last week to provide some much needed guidance on COVID-19 vaccine issues. While the EEOC’s guidance is helpful, not surprisingly, it leaves open some questions. Section K of the guidance addresses vaccines, so the references below are to the specific questions and answers in that section. Employers can mandate vaccines ...
Key Points Employers have the right to mandate vaccines subject to religious and disability-related employee exemptions. Asking if an employee has been vaccinated is not a prohibited medical inquiry. Incentive programs to encourage vaccinations are permissible. Introduction Previously, the Equal Employment Opportunity Commission (EEOC) issued Guidance permitting employers to implement COVID-19 vaccine mandates, subject to certain exemptions ...
