COVID-19 News

  • What Employers Should Know About the Paycheck Protection Program Flexibility Act

    On June 19, 2020, the Small Business Administration ("SBA") published an Interim Final Rule implementing the terms of the Paycheck Protection Program Flexibility Act ("PPPFA"). The PPPFA, which was signed into law on June 5, 2020, enacts changes to the Paycheck Protection Program ("PPP"), giving businesses greater flexibility in how they use their loan funds. The PPPFA makes the following changes to the PPP: It extends the covered period for new loans from 8 weeks to 24 weeks, not to extend…

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  • EEOC Updates Guidance Regarding COVID-19 and Antidiscrimination

    On April 17, 2020, the Equal Employment Opportunity Commission ("EEOC") updated its technical assistance for employers, "What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws." In its guidance, the EEOC focuses on return-to-work issues in addition to reasonable accommodation and undue hardship matters due to COVID-19. The EEOC's guidance notes that as government stay-at-home orders and other restrictions are modified or lifted, employers can take steps c…

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  • The U.S. Department of Labor Has Issued Temporary Regulations for the Families First Coronavirus Response Act

    The U.S. Department of Labor (“DOL”) issued temporary regulations (the "Temporary Rule") implementing the Families First Coronavirus Response Act (“FFCRA”).  The Temporary Rule clarifies the protections and obligations afforded under FFCRA’s new paid leave laws and builds on earlier guidance issued by the DOL in March 2020. The Temporary Rule summarizes the rights and relief afforded to eligible employees and covered employers, describes the exemptions under the FFCRA, provides procedural ins…

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  • Governor Cuomo's Latest COVID-19 Executive Order

    On April 7, 2020, New York State Governor Andrew M. Cuomo issued Executive Order 202.14. This blog post highlights the key provisions of the order. Continued Suspension and Modification of Laws Made by Executive Order 202 and Each Successor Executive Order to 202 Executive Order 202.14 extends all prior Executive Orders that have not already been extended to May 7, 2020.  All prior Executive Orders can be found on Governor Cuomo's official website. Continued Closure of Schools and Non-esse…

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  • Contractual Obligations and COVID-19

    Due to the outbreak of the novel coronavirus (COVID-19), many parties are finding themselves unable to meet their contractual obligations.  Likewise, many parties are having difficulty enforcing the provisions of a contact, and instead are met with non-performance.  For those unable to meet their contractual obligations, they may find relief in the contract itself if it contains a force majeure provision.  These provisions excuse non-performance under certain, enumerated circumstances.  Furthe…

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  • What Employers Need to Know About the CARES Act

    On March 25, 2020, the Senate unanimously passed the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”). The CARES Act provides stimulus to individuals, businesses, and hospitals in response to the COVID-19 pandemic. On March 27, 2020, the House of Representatives passed the CARES Act by voice vote, and President Trump signed the bill into law. This blog post provides a high-level summary of certain provisions of the CARES Act that are particularly relevant to employers. Forthco…

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  • FFCRA Exemptions for Health Care Providers, Emergency Responders, and Small Businesses

    Under the Families First Coronavirus Response Act (FFCRA), which is effective April 1, 2020 through December 31, 2020, certain employers must provide their employees with paid sick leave and expanded family and medical leave for specified reasons related to COVID-19. The FFCRA provides some specific exemptions from coverage for health care providers, emergency responders, and small businesses that meet certain criteria. The U.S. Department of Labor (DOL), in its Questions and Answers (Q&A)…

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  • CMS Expands the Accelerated and Advance Payments Program for Providers and Suppliers During the COVID-29 Emergency

    On March 28, 2020, the Centers for Medicare & Medicaid Services (CMS) announced it was expanding its accelerated and advance payment program for Medicare providers. Accelerated and advance Medicare payments generally provide emergency funding based on historical payments when there is disruption in claims submission or claims processing. CMS has expanded the program for all Medicare providers during the public health emergency related to COVID-19. To qualify for accelerated or advance pay…

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  • OCR Issues Bulletin on Civil Rights Laws, HIPAA, and COVID-19

    On March 28, 2020, the Office of Civil Rights (OCR) at the U.S. Department of Health and Human Services issued a bulletin to remind health care providers of their obligations under laws and regulations that prohibit discrimination on the basis of race, color, national origin, disability, age, sex, and exercise of conscience and religion. The OCR's guidance emphasizes that the civil rights laws that OCR enforces remain in effect in this time of emergency and urges health care providers to take…

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  • The New York State Department of Economic Development's Guidance on Essential Businesses

    The New York State Department of Economic Development, doing business as Empire State Development ("Empire State Development"), has issued guidance on the Executive Order 202.6 definition of "essential business." Businesses that were ordered to close on March 15, 2020 under the restrictions on any gathering with 50 or more participants, including but not limited to, bars, restaurants, gyms, movie theaters, casinos, auditoriums, concerts, conferences, worship services, sporting events, and phy…

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  • The U.S. Department of Labor Posts Q&A for the Families First Coronavirus Response Act

    The U.S. Department of Labor (DOL) recently posted Questions and Answers on its website regarding the Families First Coronavirus Response Act (FFCRA). The FFCRA is effective April 1, 2020, and the DOL will issue implementing regulations in the near future.  Visit the DOL's website to read about employer paid leave requirements under the FFCRA. Visit CCB Law's blog post on the FFCRA and New York's Paid Sick Time Plan. Please contact CCB Law to learn more about the FFCRA.…

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  • New York State Department of Health Provides Further Guidance Regarding Non-Essential Elective Surgeries and Non-Urgent Procedures

    On March 23, 2020, Governor Cuomo issued Executive Order No. 202.10 directing that the New York State Department of Health's ("NYSDOH") Commissioner of Health order all hospitals, ambulatory surgery centers, office-based surgery practices and diagnostic treatment centers (each, a "facility") to increase the number of beds available to COVID-19 patients, including by canceling all elective surgeries and procedures. Complying with Executive Order 202.10, the NYSDOH issued such a directive, which…

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