In a landmark decision, the United States Supreme Court determined on June 15, 2020 that most gay and transgender workers are protected under federal law from employment discrimination. Justice Gorsuch delivered the Court’s 6-3 opinion in Bostock v. Clayton County.[1] The issue in Bostock was one of statutory construction. Title VII of the Civil Rights Act of 1964 makes it “unlawful for an employer to fail or refuse to hire or discharge any individual, or otherwise to discriminate against any individual . . . because of such individual’s race, color, religion, sex, or national origin.”[2] The Court considered whether the …
COVID-19 Work Refusal: What To Do If An Employee Refuses To Go Back To Work
As non-essential Ohio businesses begin to reopen, some employees may not be eager to return. This could be due to lingering safety concerns about COVID-19 and/or because employees may be receiving an extra $600 a week in the form of unemployment benefits from the federal government. This $600 benefit is often in addition to whatever state unemployment benefits the employee receives, even if that results in the employee making more by staying at home than by returning to work. So, what can you do when you ask employees to come back to work and they refuse? First, it is important …
Treasury Department Issues Loan Forgiveness Application Form and Instructions
On May 15, 2020, the United States Treasury Department issued its long awaited Paycheck Protection Program (“PPP”) Loan Forgiveness Application Instructions (“Forgiveness Application”), including a PPP Loan Forgiveness Calculation Form (with instructions) and a list of expected supporting documents to accompany the Forgiveness Application (3245-0407 SBA Form 3508 PPP Forgiveness Application.pdf). The following is a summary of the material points from this guidance.[1] Eight-Week Period for Measuring Forgiveness – a Helpful Option Added The Borrower’s loan forgiveness is measured during the eight-week/56-day period following receipt of the PPP loan, with the first day being the date of receipt of the …
Businesses Deal with the Challenges of Re-Opening While Complying with Ohio Mandates
On Friday, May 15, 2020, restaurants and bars were authorized to re-open their patios to customers for outdoor dining and drinking in the state of Ohio. On the same day, personal care businesses (such as hair salons) were permitted to re-open. The businesses in the restaurant industry and personal care industry that opted to re-open over the weekend are accustomed to industry regulations. However, these and other businesses are now faced with the challenge of complying with government mandates and guidelines different from those that existed before the pandemic. The largest issues businesses are facing regarding re-opening may be related …
Legislative Update: Ohio’s Continued Effort to Legalize Sports Betting
In my September 6, 2018 blog post, I discussed the U.S. Supreme Court’s 2018 ruling in Murphy v. National Collegiate Athletic Association, which held that the Professional and Amateur Sports Protection Act of 1992 (“PASPA”) was unconstitutional. PASPA previously prohibited state-sanctioned sports betting and effectively outlawed sports betting anywhere but Nevada. The Supreme Court’s ruling opened the door for all 50 states to legalize sports betting within their borders. At the time, I cited two identical “placeholder” bills which had been introduced in the Ohio House and Senate, both of which made clear the General Assembly’s intention to enact legislation …
Ohio Sets Date For Additional Businesses To Re-Open
Restaurants, Bars, Hair Salons and Barbershops Among Those Included in May 7, 2020 Order On Thursday, May 7, 2020, Ohio Governor DeWine announced Ohio’s plan for additional nonessential businesses to open their doors to customers. Governor DeWine has announced that the restaurant and personal care working groups, which are two separate Ohio task forces comprised of stakeholders in these business sectors, have concluded their work. These two working groups have submitted their completed reports containing best practices and guidelines for re-opening to the Governor. While Ohio’s Stay Safe Order still prohibits gatherings of more than 10 people, the Governor announced …
PPP Loans — Building the Case to Support Your Certification of Economic Need
UPDATE AS OF MAY 5, 2020 – SBA EXTENDS SAFE HARBOR TO MAY 14, 2020 AND PROMISES FURTHER GUIDANCE PRIOR TO THEN In creating the Paycheck Protection Program (“PPP”), the CARES Act required that “an eligible recipient applying for a covered [i.e., PPP] loan shall make a good faith certification that . . . the uncertainty of current economic conditions makes necessary the loan request to support the ongoing operations of the eligible recipient.” To that end, the application for a PPP loan includes the following certification by the applicant: “[c]urrent economic uncertainty makes this loan request necessary to support …
Coolidge Wall to Host Webinar – Getting Back to Work in Ohio
As Ohio begins to return to the workplace on May 4, there are a host of topics business owners are working through to prepare for a “new normal,” including: How to effectively and legally re-open and get back to business How to ensure safe work environments and best practices for rehiring Workers’ Compensation The latest on relief and stimulus programs, including the Paycheck Protection Program and loan forgiveness Join Coolidge Wall Labor & Employment, Workers’ Compensation and Corporate attorneys David Pierce, Marc Fleischauer, Michelle Bach, and Michael Osborn for a complimentary Zoom Webinar as they share information and updates on …
Ohio Begins to Go Back to Work
On Monday, April 27, 2020, Ohio Governor DeWine announced Ohio’s plan for nonessential business to return to normal operations. While Ohio’s Stay at Home Order remains in place and gatherings of 10 people or more are generally not permitted, the Governor announced that certain businesses can open on the following timetable: May 1: Most Healthcare Procedures resume, provided that they do not require overnight stays. Dental and veterinary procedures may also resume. May 4: Reopening for General Office Environments. The Department of Health provided mandatory and best practices guidance. Employees and guests must maintain social distancing and use physical barriers …
Business Interruption Insurance Claims and Denials – Your Coverage May Vary
Business interruption insurance is intended to cover income lost because ordinary operations are disrupted (typically by a natural disaster, but also because of government action in some cases). Has anything in recent memory been more disruptive to business operations than COVID-19? Business interruption is an optional extra added on to casualty insurance (your commercial general liability policy, property damage coverage, etc.). If you do not know whether you have it, you should probably stop reading now, and go check. While you are checking, look to see whether you have endorsements or riders specifically covering communicable diseases. Your business interruption policy …