COVID-19 - Lamson Dugan & Murray LLP

4 Mar, 2022

Does Your Company Require Employees To Be Vaccinated for COVID-19? A New Law In Nebraska Applies to You!

Craig Martin2022-03-03T16:07:14-06:00March 4th, 2022|Construction Contractor Advisor, COVID Legislative, COVID Vaccine, COVID-19|

Although we may be seeing the light at the end of the long COVID-19 tunnel, for those employers who have instituted a mandatory COVID-19 vaccination policy, a new law in Nebraska applies to you. On Monday, February 28, 2022 Governor Ricketts signed LB 906. LB 906 requires employers who have a mandatory vaccination policy to allow for exemptions for employees who have a religious objection to the vaccine or a [...]

25 Jan, 2022

COVID-19 and Force Majeure Clauses

Craig Martin2021-12-30T13:51:35-06:00January 25th, 2022|Construction Contractor Advisor, COVID-19, Force Majeure|

The resurgence of COVID-19 has increased the importance of force majeure clauses in construction contracts. Here are some things to consider for your force majeure clause. Effect of Force Majeure Clause Force majeure clauses seek to excuse the nonperformance of a party. A party is no longer obligated to perform when an event expressed in the force majeure clause occurs, and the event is the cause of the party’s inability [...]

20 Dec, 2021

OSHA’s Vaccine Rule—Reinstated

Craig Martin2021-12-20T09:12:55-06:00December 20th, 2021|Construction Contractor Advisor, COVID Employment, COVID-19, OSHA|

The tug-of-war on vaccination continues. On December 17, 2021, a federal appellate court lifted the stay on OSHA’s emergency temporary standard requiring employers with 100 or more employees to ensure employees are vaccinated or are testing regularly. The appellate court’s decision was immediately appealed to the U.S. Supreme Court. What does this mean for employers? OSHA’s emergency temporary standard (ETS) requiring vaccinate or testing and masking is now in place, [...]

10 Dec, 2021

Judicial Response to COVID-19 – UPDATES x16

Staff2021-12-10T10:45:09-06:00December 10th, 2021|COVID Court, COVID-19|

Updates in red Due to the global pandemic of COVID-19, a public health emergency has been declared in the United States. Experts say that one of the most effective ways to protect against this disease is to limit the risk of exposure. This has prompted the “Stay at Home” movement for many Americans, but many judicial matters still need prompt attention during this time. Varying regulations have been put into [...]

29 Sep, 2021

New Guidance on COVID-19 Vaccine Mandate for Federal Contractor

Craig Martin2021-09-29T15:23:40-05:00September 29th, 2021|Construction Contractor Advisor, COVID Construction, COVID-19, Vaccination|

The Federal Workforce Task Force, created by President Biden’s Executive Order on COVID Safety Protocols, released guidance on workplace safety protocols for federal contractors and subcontractor. The Guidance explains which contracts are covered, which employers are covered and the COVID-19 vaccination requirements for covered employees. Below are answers to common questions about the Guidance. When will the Vaccine Mandate start? Government agencies will begin implementing the new requirements during the [...]

15 Sep, 2021

Biden Executive Orders Mandates Vaccines for Federal Contractors

Craig Martin2021-09-13T17:39:11-05:00September 15th, 2021|Construction Contractor Advisor, COVID-19, Federal Construction Projects, Government Regulations|

On September 9, 2021, the Biden Administration issued an Executive Order “Ensuring Adequate COVID Safety Protocols for Federal Contractors.” While the details are not entirely clear, it appears that in the next few weeks, federal contractors will have to provide evidence of vaccination of their employees working on federal projects. Implementation The Safer Federal Work Task Force has been directed by Executive Order to issue guidelines by September 24, 2021, [...]

10 Aug, 2021

Judicial Response to COVID-19 – UPDATES x15

Staff2021-12-10T10:49:37-06:00August 10th, 2021|COVID Court, COVID-19|

Updates in red Due to the global pandemic of COVID-19, a public health emergency has been declared in the United States. Experts say that one of the most effective ways to protect against this disease is to limit the risk of exposure. This has prompted the “Stay at Home” movement for many Americans, but many judicial matters still need prompt attention during this time. Varying regulations have been put into [...]

26 May, 2021

Contractors Do NOT Have to Record Vaccine Reactions

Craig Martin2021-05-25T08:18:30-05:00May 26th, 2021|Construction Contractor Advisor, COVID-19, Nebraska Construction Law, Vaccination|

On May 21, 2021, OSHA reversed course on employer-required COVID-19 vaccinations, no longer requiring employers to record vaccine reactions. This is a great step forward for employers and is supported by both industry groups and labor unions. As you may recall, last February OSHA originally mandated that if an employer required employees to get a vaccine, an employee’s adverse reaction to the vaccination must be recorded in their OSHA 300 [...]

3 Feb, 2021

President Biden Orders OSHA to Issue New COVID-19 Guidance

Craig Martin2021-01-30T09:38:10-06:00February 3rd, 2021|Construction Contractor Advisor, COVID Construction, COVID-19, OSHA|

President Biden recently issued an Executive Order (copy here) requiring OSHA to issue “science-based guidance” to help keep workers safe from COVID-19 exposure. The Executive Order does not create immediate changes, but calls for quick action by OSHA to update its guidance. The Executive Order requires OSHA to: issue, within two weeks, revised guidance to employers on workplace safety during the COVID-19 pandemic; consider whether any emergency temporary standards on [...]

16 Dec, 2020

COVID-19 Vaccines are Here: Can you require employees to be vaccinated?

Craig Martin2020-12-15T12:58:18-06:00December 16th, 2020|Construction Contractor Advisor, COVID Vaccine, COVID-19|

Today's post is by Eric Tiritilli, one of our Employment Law specialists. Currently, there is no formal guidance from federal agencies regarding whether an employer may require an employee to be vaccinated for COVID-19. But, the EEOC has previously allowed mandatory vaccinations in the context of flu. Given that the EEOC considers the COVID-19 pandemic a “direct threat” to health in the workplace, it is likely that it would similarly [...]

11 Nov, 2020

Judicial Response to COVID-19 – UPDATES x14

Lisa Cole2020-11-11T11:48:41-06:00November 11th, 2020|COVID Court, COVID-19|

Updates in red Due to the global pandemic of COVID-19, a public health emergency has been declared in the United States. Experts say that one of the most effective ways to protect against this disease is to limit the risk of exposure. This has prompted the “Stay at Home” movement for many Americans, but many judicial matters still need prompt attention during this time. Varying regulations have been put into [...]

21 Oct, 2020

Small Business Stabilization Grant – UPDATE

Lisa Cole2020-10-21T14:16:36-05:00October 21st, 2020|COVID Business, COVID-19|

All – Today the Governor announced a second round of grant money for certain business. Beginning on October 21, 2020 certain small businesses who did not receive a grant in the first round of grants are eligible to apply for the second round of funding. The awards will not exceed $12,000 and are first come, first served. There are other grants available for charitable organizations, centers of worship, livestock producers, [...]

8 Sep, 2020

Judicial Response to COVID-19 – UPDATES x13

Lisa Cole2020-09-09T14:35:45-05:00September 8th, 2020|COVID Court, COVID-19|

Updates in red Due to the global pandemic of COVID-19, a public health emergency has been declared in the United States. Experts say that one of the most effective ways to protect against this disease is to limit the risk of exposure. This has prompted the “Stay at Home” movement for many Americans, but many judicial matters still need prompt attention during this time. Varying regulations have been put into [...]

19 Aug, 2020

Judicial Response to COVID-19 – UPDATES x12

Lisa Cole2020-08-19T15:21:05-05:00August 19th, 2020|COVID Court, COVID-19|

Updates in red Due to the global pandemic of COVID-19, a public health emergency has been declared in the United States. Experts say that one of the most effective ways to protect against this disease is to limit the risk of exposure. This has prompted the “Stay at Home” movement for many Americans, but many judicial matters still need prompt attention during this time. Varying regulations have been put into [...]

13 Aug, 2020

Judicial Response to COVID-19 – UPDATES x11

Lisa Cole2020-08-18T15:25:46-05:00August 13th, 2020|COVID Court, COVID-19|

Due to the global pandemic of COVID-19, a public health emergency has been declared in the United States. Experts say that one of the most effective ways to protect against this disease is to limit the risk of exposure. This has prompted the “Stay at Home” movement for many Americans, but many judicial matters still need prompt attention during this time. Varying regulations have been put into place for the [...]

13 Aug, 2020

Omaha Mask Mandate

Lisa Cole2020-08-18T12:18:24-05:00August 13th, 2020|COVID Business, COVID-19|

On August 11, 2020 the Omaha City Council passed an emergency ordinance mandating masks when indoors at a premises open to the general public unless an individual maintains a minimum of six feet of separation or social distance at all times from anyone who is not a member of the individual’s household. It will be in place until September 15, 2020. The definition of premises open to the general public [...]

29 Jul, 2020

OSHA—More COVID Updates

Craig Martin2020-07-25T09:33:24-05:00July 29th, 2020|Construction Contractor Advisor, COVID-19, OSHA|

OSHA has issued new Frequently Asked Questions addressing when an employer must report work-related cases of COVID-19. Unfortunately, the FAQs seem contrary to the 24-hour hospitalization rule. As you likely know, section 1904.39(b)(6) requires employers to report an inpatient hospitalization only if the hospital admission occurs within 24 hours of a work-related incident. Applying this to COVID, if an employee is exposed at work and then goes to the hospital within [...]

14 Jul, 2020

UPDATE: Nebraska Small Business Stabilization Grant Extended

Staff2020-07-14T15:32:50-05:00July 14th, 2020|COVID Business, COVID-19|

The Small Business Stabilization Grant program has been extended until this Friday July 17, 2020 at 4:00 p.m. and is accepting new applicants (previous applicants are expected to be notified of the award status this week). Here is a press release put out by the Nebraska Department of Economic Development: DED Reopens Small Businesses Stabilization Grant Program with Expanded Eligibility They anticipate they can award up to 14,000 more grants [...]

25 Jun, 2020

Ergonomics: Tips to Avoid Work-Related Injuries While Working From Home

Lisa Cole2020-06-25T14:15:08-05:00June 25th, 2020|COVID Workers' Compensation, COVID-19|

As more employees are working from home due to the COVID-19 pandemic—many of whom are doing so indefinitely with no firm end point in sight--employers should urge employees to take certain steps to avoid injury and create a productive, safe, and comfortable work environment. Here are some tips for working from home: Set up an ergonomic work station. Ergonomics is the study of the body and how it interacts with [...]

25 Jun, 2020

Can an Employees Working From Home File Workers’ Compensation Claims?

Lisa Cole2020-06-25T14:12:22-05:00June 25th, 2020|COVID Workers' Compensation, COVID-19|

Due to the COVID-19 pandemic, a growing number of employees are continuing to work from home; however, working from home may complicate workers’ compensation claims. Workers’ compensation generally applies only to injuries occurring in the scope and course of employment. This can be problematic as employers have little or no control of an employee’s home office environment. It is also more difficult to prove that an injury was work-related, because [...]

25 Jun, 2020

States Expanding Workers’ Compensation Coverage for Essential Workers

Lisa Cole2020-06-25T14:10:19-05:00June 25th, 2020|COVID Workers' Compensation, COVID-19|

In late April, the Iowa American Federation of Law, AFL-CIO, called on Iowa state officials to establish standards and protections for workers during the COVID-19 pandemic, including expanding workers’ compensation coverage to essential workers. Both Iowa and Nebraska have yet to consider extending such protections. Ordinarily, the worker must demonstrate that he or she was injured in the course or scope of employment. With respect to COVID-19, the employee would [...]

24 Jun, 2020

Take-Out Food and the First COVID-19 Force Majeure Opinion

Craig Martin2020-06-20T11:27:32-05:00June 24th, 2020|Construction Contractor Advisor, COVID Bankruptcy, COVID-19, Force Majeure|

An Illinois bankruptcy court was the first court in the country to issue an opinion on how a force majeure clause in a commercial lease would be applied to the COVID-19 pandemic. Not surprisingly, the language of the underlying force majeure clause and the Illinois’ Governor’s executive order played critical roles in the court’s analysis. As it turned out, take-out food saved the contract. The case involved a restaurant that [...]

23 Jun, 2020

Judicial Response to COVID-19 – UPDATES x10

Lisa Cole2020-06-23T15:20:20-05:00June 23rd, 2020|COVID Court, COVID-19|

Updates in red Due to the global pandemic of COVID-19, a public health emergency has been declared in the United States. Experts say that one of the most effective ways to protect against this disease is to limit the risk of exposure. This has prompted the “Stay at Home” movement for many Americans, but many judicial matters still need prompt attention during this time. Varying regulations have been put into [...]

11 Jun, 2020

Judicial Response to COVID-19 – UPDATES x9

Lisa Cole2020-06-11T10:31:08-05:00June 11th, 2020|COVID Court, COVID-19|

Updates in red Due to the global pandemic of COVID-19, a public health emergency has been declared in the United States. Experts say that one of the most effective ways to protect against this disease is to limit the risk of exposure. This has prompted the “Stay at Home” movement for many Americans, but many judicial matters still need prompt attention during this time. Varying regulations have been put into [...]

5 Jun, 2020

General Order No. 2020-10 IN RE Policy on Mandatory Use of Face Coverings and General Order No. 2020-11 IN RE Restrictions on Courthouse Entry Due to COVID-19

Lisa Cole2020-06-05T11:49:25-05:00June 5th, 2020|COVID Court, COVID-19|

General Order No. 2020-10 In Re POLICY ON MANDATORY USE OF FACE COVERINGS and General Order 2020-11 In Re RESTRICTIONS ON COURTHOUSE ENTRY DUE TO COVID-19 have been entered and posted on the court's website. https://www.ned.uscourts.gov/internetDocs/pom/orders/GO_2020-10.pdf https://www.ned.uscourts.gov/internetDocs/pom/orders/GO_2020-11.pdf If you have any questions, please contact the clerk's office at 1-866-220-4381 (Omaha) or 1-866-220-4379 (Lincoln). Thank you, United States District Court If you have questions about the above information, please give Partner [...]

4 Jun, 2020

NEB – US Bankruptcy Court – District of Nebraska – UPDATE TO PUBLIC ACCESS Starting June 8, 2020

Lisa Cole2020-06-04T15:25:35-05:00June 4th, 2020|COVID Bankruptcy, COVID-19|

Starting June 8, 2020, the US Bankruptcy Clerk’s Office will be open for public access. There are some requirements and restrictions on courthouse entry pursuant to US District Court's - District of Nebraska, General Order 2020-10 and 2020-11. Every person entering the courthouse will be asked if they have reviewed the posted risk factors and if any apply. If so, the individual will be barred from entering the courthouse, unless [...]

3 Jun, 2020

Indemnity Obligations in the Age of COVID-19

Craig Martin2020-05-30T10:12:42-05:00June 3rd, 2020|Construction Contractor Advisor, COVID-19, Indemnity clauses, Nebraska Construction Law|

COVID-19 has created chaos in the construction world. One of the biggest problems is staffing projects to meet deadlines on the project. But, what if your company is hit with a COVID-19 outbreak and you cannot staff the job? Have you already agreed to indemnify the upstream contractor or owner for any damages stemming from a COVID-19 outbreak? We recommend reviewing your indemnity obligations to determine your risk and the [...]

29 May, 2020

Judicial Response to COVID-19 – UPDATES x8

Lisa Cole2020-06-11T10:39:54-05:00May 29th, 2020|COVID Court, COVID-19|

Updates in red Due to the global pandemic of COVID-19, a public health emergency has been declared in the United States. Experts say that one of the most effective ways to protect against this disease is to limit the risk of exposure. This has prompted the “Stay at Home” movement for many Americans, but many judicial matters still need prompt attention during this time. Varying regulations have been put into [...]

20 May, 2020

CDC Issues More Comprehensive Guidance For Employers

Lisa Cole2020-05-20T16:30:28-05:00May 20th, 2020|COVID Business, COVID-19|

The CDC has issued more comprehensive guidance and guidelines in support of President Trump’s plan for reopening the United States. Included, in Appendix F, is specific guidance for a number of industries including child care programs, schools and day camps, employers with workers at high risk, restaurants and bars and mass transit administrators. The guidance includes information regarding scaling up operations, safety action, monitoring and preparing and closing. Link: https://www.cdc.gov/coronavirus/2019-ncov/downloads/php/CDC-Activities-Initiatives-for-COVID-19-Response.pdf [...]

20 May, 2020

Sending Employees Home to Avoid Catching COVID-19? Remember Your ADA Obligations.

Craig Martin2020-05-20T16:36:38-05:00May 20th, 2020|ADA, Americans with Disabilities Act, Construction Contractor Advisor, COVID Construction, COVID Employment, COVID-19|

Over the past several months, EEOC, DOL, OSHA and other federal agencies have provided answers to dozens, if not hundreds, of questions regarding how employers should handle their responsibilities to employees during this unprecedented time. The EEOC has reminded employers of their obligations, even during the COVID-19 pandemic, to comply with federal anti-discrimination laws including the Americans With Disabilities Act. Recently, the EEOC provided guidance that appeared to allow employers [...]

18 May, 2020

SBA PPP Loan Forgiveness Application

Lisa Cole2020-05-18T09:52:12-05:00May 18th, 2020|COVID Business, COVID-19|

The SBA has published a Paycheck Protection Program Loan Forgiveness Application. The document provides instructions for completing the form and the required calculations. The instructions note that borrowers may complete the application as directed and submit it to their lender (or the lender that is servicing the loan) or they may also complete the application electronically through their lender. Link: https://www.sba.gov/sites/default/files/2020-05/3245-0407%20SBA%20Form%203508%20PPP%20Forgiveness%20Application.pdf If you have questions about the above information, please [...]

15 May, 2020

CDC Publishes Flowcharts to Help Communities and Businesses Weighing Whether to Reopen

Lisa Cole2020-05-15T11:45:55-05:00May 15th, 2020|COVID Business, COVID-19|

The CDC has provided guidance in the form of a flow-chart to help employers make opening, or reopening, decisions during the COVID-19 pandemic. The guidance notes that it is important for employers to also check with the state and local health officials (and other partners) when determining the appropriate actions in light of the specific circumstances of their community. Download flow-chart here: https://www.cdc.gov/coronavirus/2019-ncov/downloads/community/workplace-decision-tree.pdf Full article here: https://www.cnn.com/2020/05/14/health/coronavirus-decision-trees-cdc-wellness/index.html If you have [...]

14 May, 2020

Judicial Response to COVID-19 – UPDATES x7

Lisa Cole2020-05-14T13:53:03-05:00May 14th, 2020|COVID Court, COVID-19|

Updates in red Due to the global pandemic of COVID-19, a public health emergency has been declared in the United States. Experts say that one of the most effective ways to protect against this disease is to limit the risk of exposure. This has prompted the “Stay at Home” movement for many Americans, but many judicial matters still need prompt attention during this time. Varying regulations have been put into [...]

13 May, 2020

Nebraska Churches Reopen

Lisa Cole2020-05-13T11:21:45-05:00May 13th, 2020|COVID Business, COVID-19|

How are churches to conduct their services now that the governor has eased the COVID-19 restrictions? From May 4 through May 31, the rule limiting gathers to ten people will be relaxed for churches in Nebraska. The Nebraska Department of Health and Human Services has issued guidelines for how churches should conduct services while still practicing social distancing. Changes to Church Services Churches are to conduct the services in such [...]

12 May, 2020

Gov. Ricketts Announces Relaxed Directed Health Measures in Additional Regions, Issues Guidance to Resume Baseball & Softball in June

Lisa Cole2020-05-12T10:47:24-05:00May 12th, 2020|COVID Business, COVID-19|

LINCOLN – Today, at his daily coronavirus press briefing, Governor Pete Ricketts announced that less restrictive Directed Health Measures (DHMs) will take effect in three additional regions in southern Nebraska on May 18, 2020. These regions are the South Heartland, Public Health Solutions, and Two Rivers districts. The Governor also issued guidance to resume baseball and softball in June, with enhanced physical distancing measures in place for the safety of athletes, [...]

11 May, 2020

Small Business Administration Benefits Now Available to Farmers and Ranchers

Lisa Cole2020-05-11T13:07:43-05:00May 11th, 2020|COVID Business, COVID-19|

Congress replenished the Economic Injury Disaster Loan (EIDL) by passing a new law in April that became effective on May 4, which added $60 billion to the program. The SBA reopened its EIDL portal on May 4, 2020, for agricultural businesses to apply for grants and low interest, long-term loans. Agricultural businesses are defined as businesses engaged in the production of food and fiber, ranching, and raising of livestock, and [...]

11 May, 2020

The Coronavirus Just Doubled the Risk of Mass Bankruptcies

Lisa Cole2020-05-11T12:54:32-05:00May 11th, 2020|COVID Bankruptcy, COVID-19|

The risk of mass bankruptcies across the U.S. continues to rise as more companies grapple with the fallout stemming from efforts to battle the spread of coronavirus cases, according to one leading bankruptcy professor. According to data watched by NYU Stern School of Business professor emeritus Ed Altman, bankruptcy and default potential for high-yield companies doubled from 5% to 10% in just a few weeks. “Today, our numbers are showing a likely [...]

6 May, 2020

State Providing Needed Coronavirus Supply Relief

Lisa Cole2020-05-06T15:35:04-05:00May 6th, 2020|COVID Health Care, COVID-19|

LINCOLN – Today, Governor Pete Ricketts provided an update to the State of Nebraska’s efforts to procure necessary supplies for health care facilities, cities, and counties to help combat COVID-19. The Materiel Division within the Nebraska Department of Administrative Services (DAS) is responsible for the purchase of goods and services on behalf of the State. The State is not merely supplying its own needs, but is also keeping local health care [...]

6 May, 2020

The Small Business Reorganization Act

Lisa Cole2020-05-06T15:25:25-05:00May 6th, 2020|COVID Bankruptcy, COVID-19|

In August of last year Congress passed, and Mr. Trump signed, legislation to make Chapter 11 more helpful for “small business” debtors, “The Small Business Reorganization Act” (“Subchapter V”), see https://www.congress.gov/116/bills/hr3311/BILLS-116hr3311enr.pdf. Subchapter V became effective February 19th of this year. Principal changes for “small business” debtors which elect Subchapter V treatment include elimination of the “absolute priority rule” applicable to Chapter 11 plan confirmation (this rule generally precludes a Chapter [...]

6 May, 2020

Judicial Response to COVID-19 – UPDATES x6

Lisa Cole2020-05-14T13:54:49-05:00May 6th, 2020|COVID Court, COVID-19|

Updates in red Due to the global pandemic of COVID-19, a public health emergency has been declared in the United States. Experts say that one of the most effective ways to protect against this disease is to limit the risk of exposure. This has prompted the “Stay at Home” movement for many Americans, but many judicial matters still need prompt attention during this time. Varying regulations have been put into [...]

29 Apr, 2020

OSHA Alerts

Lisa Cole2020-04-29T11:46:55-05:00April 29th, 2020|COVID Business, COVID-19|

OSHA continues to provide information and best practices for employers in dealing with COVID-19 in the work place. OSHA has issued several “alerts” offering guidance for employers in the retail sector, in construction, in the manufacturing industry and in the package delivery industry. COVID-19 Guidance for the Construction Workforce OSHA is committed to protecting the health and safety of America’s workers and workplaces during these unprecedented times. The agency [...]

28 Apr, 2020

Small Biz Bankruptcy Rules Come Just In Time For Many

Lisa Cole2020-04-28T14:17:32-05:00April 28th, 2020|COVID Bankruptcy, COVID-19|

Changes in the rules governing small business bankruptcies came at a fortuitous time earlier this year and could provide an easier path to reorganization as many more companies are likely to become insolvent due to the continued effects of the COVID-19 outbreak. In effect since mid-February, the Small Business Restructuring Act makes Chapter 11 proceedings faster, cheaper and more efficient for companies that come to court with debt loads below a new [...]

28 Apr, 2020

Judicial Response to COVID-19 – UPDATES x5

Lisa Cole2020-04-28T13:46:51-05:00April 28th, 2020|COVID Court, COVID-19|

Updates in red Due to the global pandemic of COVID-19, a public health emergency has been declared in the United States. Experts say that one of the most effective ways to protect against this disease is to limit the risk of exposure. This has prompted the “Stay at Home” movement for many Americans, but many judicial matters still need prompt attention during this time. Varying regulations have been put into [...]

22 Apr, 2020

Judicial Response to COVID-19 – UPDATES x4

Lisa Cole2020-04-28T14:00:33-05:00April 22nd, 2020|COVID Court, COVID-19|

Updates in red Due to the global pandemic of COVID-19, a public health emergency has been declared in the United States. Experts say that one of the most effective ways to protect against this disease is to limit the risk of exposure. This has prompted the “Stay at Home” movement for many Americans, but many judicial matters still need prompt attention during this time. Varying regulations have been put into [...]

21 Apr, 2020

Gov. Ricketts, Public Health Director Announce Guidelines to Resume Elective Surgeries in May

Lisa Cole2020-04-21T09:53:46-05:00April 21st, 2020|COVID Health Care, COVID-19|

LINCOLN – This afternoon, Governor Pete Ricketts announced the State’s first step to relax the health measures implemented to slow the spread of COVID-19. Starting on May 4th, elective surgeries may resume as long as hospitals and healthcare facilities meet requirements for available bed capacity and have adequate supplies of personal protective equipment (PPE). Additionally, the Governor announced that the State is giving greater authority to healthcare providers to conduct tests [...]

20 Apr, 2020

Gov. Ricketts Announces Regulatory Changes to Allow Restaurants to Operate as Pop-Up Retailers

Lisa Cole2020-04-20T12:10:06-05:00April 20th, 2020|COVID Business, COVID-19|

LINCOLN – Today, during his daily COVID-19 press briefing, Governor Pete Ricketts announced regulatory changes to give restaurants the flexibility to sell packaged foods to customers. Under normal circumstances, restaurants cannot sell packaged foods—like loaves of bread or cartons of eggs—that do not have nutrition labels. The Governor explained that the intent of the change is to give Nebraskans greater access to food, while also helping restaurants add another revenue stream [...]

20 Apr, 2020

Gov. Ricketts Issues Executive Order to Provide Childcare Relief, Announces COVID-19 Business Response Survey

Lisa Cole2020-04-20T08:35:51-05:00April 20th, 2020|COVID Business, COVID-19|

LINCOLN – This afternoon, Governor Pete Ricketts issued an executive order to expand childcare options for working Nebraska families and to provide relief for childcare centers participating in the State’s Child Care Subsidy Program. The order suspends two regulations governing the State’s Child Care Subsidy Program. First, the Governor’s order allows licensed child care providers within the program to bill the State for days when a child is absent from care. [...]

16 Apr, 2020

Of Course Ag on the List: Identifying Essential Critical Infrastructure Workers During COVID-19:

Sean Minahan2020-05-11T12:00:48-05:00April 16th, 2020|COVID Business, COVID-19, Midwest Agricultural Law|

I know we’ve all had a fair share of questions regarding what is an “essential business” that would be allowed to remain open if the Nebraska Governor issued a shelter in place/shutdown order. While Gov. Ricketts has said he doesn’t intend to issue such an order, as we know, things change. The Cybersecurity & Infrastructure Security Agency (CISA) in the Dept. of Homeland Security put together guidance on the essential [...]

15 Apr, 2020

Construction Work—Is it an Essential Activity in your Jurisdiction?

Craig Martin2020-04-11T08:15:10-05:00April 15th, 2020|Construction Activity, Construction Contractor Advisor, Construction Economy, COVID Construction, COVID-19|

Shelter in place orders abound throughout the country, yet construction continues to march on. As we continue to deal with the impact of COVID-19, it’s important that you know whether your construction work is considered essential. Your local government, state, county and city, may have established guidelines which will impact your operations. For example, Nebraska has “requested” that everyone stay at home and social distance at work. Construction projects are [...]

13 Apr, 2020

Enforcement Guidance for Recording Cases of Coronavirus Disease 2019 (COVID-19) | Occupational Safety and Health Administration

Lisa Cole2020-04-13T15:10:16-05:00April 13th, 2020|COVID Employment, COVID-19|

On Friday April 10, 2020 OSHA issued enforcement guidance related to the recording of cases of COVID-19. COVID-19 is a recordable illness and employers must record cases of COVID-19 if certain conditions are met. One component in this determination is whether the case was work related. In its recent guidance OSHA advises that, except for employers of works in the healthcare industry, emergency response organizations and correction institutions, employers will [...]