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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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, [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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. [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 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 critical [...]
Additions to the Statewide DHM All beauty/nail salons, barber shops, massage therapy services, gentlemen’s clubs, bottle clubs, indoor theatres, and tattoo parlors/studios are closed until April 30, 2020. All organized team sports, youth and adult, including but not limited to club sports are suspended until May 31, 2020. Auto racing is now specifically listed in the social gathering section. Drivers and their crews are considered patrons/invitees not staff. See full [...]
NEBRASKA 1. If somebody was on modified duty and due to the virus the employer is shutting down, are we responsible to pick up TD? Nebraska courts require employers to pay temporary disability benefits until the sooner of two events: (1) the worker reaches maximum medical improvement, or (2) the worker returns to work. Unless and until the Nebraska Workers’ Compensation Act were to be amended in subsequent legislative [...]
Tuesday, April 7, 2020 Below is the Administrative Order signed April 6, 2020, by Nebraska Supreme Court Chief Justice Mike Heavican regarding Novel Coronavirus and COVID-19 Disease. Read the Second Order: 4.6.20 - Administrative Order Regarding Novel Coronavirus and COVID-19 Disease Read the First Order: 3.12.20 - S-20-247: Administrative Order Regarding COVID-19 preparedness Read Chief Justice Heavican’s Memoranda regarding the essential services provided by state courts: Our State Courts Remain Open (3.20.20) [...]
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 [...]
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 [...]
The DOL published regulations providing guidance on paid leave under the Families First Coronavirus Response Act. This temporary rules provides critical guidance on a number of topics related the FFCRA including conditions that a business under 50 may be excluded from the provisions of the law. Link to rules: https://www.dol.gov/sites/dolgov/files/WHD/Pandemic/FFCRA.pdf If you have questions about DOL regulations, please give Senior Counsel Attorney, Eric Tiritilli a call at 402-397-7300.
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 [...]
The IRS has issued important guidance for employers answering many questions regarding tax credits for payments made under the Families First Coronavirus Response Act. Included in the questions and answers is specific guidance on documents employers will need to substantiate their eligibility for the credits. Link: https://www.irs.gov/newsroom/covid-19-related-tax-credits-for-required-paid-leave-provided-by-small-and-midsize-businesses-faqs If you have questions about the Families First Coronavirus Response Act, please give Senior Counsel Attorney, Eric Tiritilli a call at 402-397-7300.
Click the link for the Paycheck Protection Program Application Form: https://www.sba.gov/sites/default/files/2020-03/Borrower%20Paycheck%20Protection%20Program%20Application.pdf If you have questions about the Small Business Paycheck Protection Program, please give Senior Counsel Attorney, Eric Tiritilli a call at 402-397-7300.
The Paycheck Protection Program (“PPP”) authorizes up to $349 billion in forgivable loans to small businesses to pay their employees during the COVID-19 crisis. All loan terms will be the same for everyone. The loan amounts will be forgiven as long as: The loan proceeds are used to cover payroll costs, and most mortgage interest, rent, and utility costs over the 8 week period after the loan is made; and Employee [...]
The Paycheck Protection Program provides small businesses with funds to pay up to 8 weeks of payroll costs including benefits. Funds can also be used to pay interest on mortgages, rent, and utilities. Fully Forgiven Funds are provided in the form of loans that will be fully forgiven when used for payroll costs, interest on mortgages, rent, and utilities (due to likely high subscription, at least 75% of the forgiven [...]
LINCOLN – Today, Governor Pete Ricketts announced that the State’s sixth and seventh COVID-19 related Directed Health Measures (DHMs) include Adams, Buffalo, Clay, Dawson, Franklin, Gosper, Harlan, Kearney, Nuckolls, Phelps, and Webster counties. They will be in effect beginning today at 10:00pm and will last until May 11th unless renewed. The quarantine measures are for individuals who are COVID-19 positive or develop fever, sudden onset of a dry cough, or sudden onset [...]
LINCOLN – Today, Governor Pete Ricketts announced a new executive order to give healthcare facilities greater flexibility to respond to coronavirus 2019 (COVID-19). The purpose of the order is to enable healthcare facilities to expand capacity as the need arises. Among other changes, the Governor’s order accomplishes the following: Waives time limits for how long Critical Access Hospitals and Ambulatory Surgical Centers may keep patients. Waives the time limit on complex [...]
February 2020 Office for Civil Rights, U.S. Department of Health and Human Services BULLETIN: HIPAA Privacy and Novel Coronavirus In light of the Novel Coronavirus (2019-nCoV) outbreak, the Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services (HHS) is providing this bulletin to ensure that HIPAA covered entities and their business associates are aware of the ways that patient information may be shared under the [...]
The CARES Act revised, relaxed and created a number of new tax policies for businesses. While a number of these are still being clarified with respect to interpretation and implementation, they are worth looking at and being aware of. The primary focus for a number of business is the Paycheck Protection Program, but there are several others worth noting as well. There are a number of options under the Act [...]
The Coronavirus Aid, Relief, and Economic Security (CARES) Act allocated $350 billion to help small businesses keep workers employed amid the pandemic and economic downturn. Known as the Paycheck Protection Program, the initiative provides 100% federally guaranteed loans to small businesses. Importantly, these loans may be forgiven if borrowers maintain their payrolls during the crisis or restore their payrolls afterward. The administration soon will release more details including the list [...]
