We previously reported that Ohio’s General Assembly passed emergency COVID-19 legislation that “tolled” or postponed all statutory deadlines in the State of Ohio that otherwise would have expired between March 9, 2020 and July 30, 2020. That post can be found here. Since that time, the Ohio Supreme Court issued an order on March 27, 2020 tolling the time requirements imposed by Ohio court rules that otherwise would have expired between March 9, 2020 and July 30, 2020 (or the expiration of Governor Mike DeWine’s emergency order, Executive Order 2020-01D, whichever comes sooner). While the Supreme Court did not close …
SBA Issues Last Minute Interim Rule On Paycheck Protection Program Loans
On Thursday, April 2, 2020, the U.S. Small Business Administration (SBA) issued an Interim Final Rule (IRF), which constitutes the much-anticipated “Regulations” called for in the CARES Act on implementation of the Paycheck Protection Program (PPP). While the IRF is considered “interim” and requests public comments over a 30-day period, it is anticipated that lenders will rely on it once they begin accepting and processing applications for those small businesses seeking PPP loans. We previously explained the program in our blog post found here. Among other key changes in the IRF are the following clarifications: Independent Contractors. Contrary to the …
Ohio Health Director Continues “Stay at Home Order” Through May 1, 2020
On Thursday, April 2, 2020, Governor DeWine announced an Amended “Stay at Home” Order issued by Ohio Health Director Amy Acton, MD, MPH (the “Amended Order”). The Amended Order extends the original Order’s two-week restrictions on the ability of individuals in Ohio to leave their residences, this time through May 1, 2020 at 11:59 PM. Additionally, the Amended Order continues the prior Order’s prohibition on the operation of non-essential businesses and operations. The same exemptions for businesses operating as “essential businesses and operations” created under the initial Order still apply. Notably, the Amended Order provides some new requirements for stores …
New IRS Guidance Requires Employees to Provide Information to Request Paid Leave
New guidance from the IRS, issued the evening of March 31, 2020, answers some of the questions left open by recent DOL publications on the issue of Emergency Paid Sick Leave (EPSL) and Expanded FMLA leave under the Families First Coronavirus Response Act (FFCRA). Perhaps most importantly, the IRS guidance identifies specific information that employers can require from employees seeking paid leave under the new statute. Employers may require a written request for any leave sought under the FFCRA including, at a minimum: The employee’s name; The date or dates for which leave is requested; A statement identifying the COVID-19 …
CARES Act Makes Paycheck Protection Program Loans Available For Businesses — Application Released
UPDATE: On March 31, 2020, the Small Business Administration and the U.S. Treasury released the Application Form for the new SBA PPP Loan forgiveness program, which we have included at the end of this article. President Trump signed the Coronavirus Aid, Relief, and Economic Security (CARES) Act into law on March 27, 2020. In addition to providing relief to millions of workers, the CARES Act allocates approximately $350 billion to the Small Business Administration (SBA) to administer emergency loans through the Paycheck Protection Program (PPP). Who is Eligible. Generally, any sole proprietor, for profit business, nonprofit 501(c)(3) organization, tribal business, …
New DOL Guidance Clarifies Families First Coronavirus Response Act
A new compliance assistance guidance from the DOL (“Guidance”) has been posted concerning the paid leave provisions under the Families First Coronavirus Response Act (“FFCRA”), which includes Emergency Family and Medical Leave Expansion leave (“Expanded FMLA”) and Emergency Paid Sick Leave (“EPSL”) provisions, all of which become effective April 1, 2020. As before, the new Guidance is in the form of “FAQ” statements — 59 of them, to be exact. Much of the new Guidance simply reiterates information from the previous statements issued in the last two weeks. However, some of the information is new or clarifies existing DOL positions. …
U.S. Department of Labor Issues Workplace Poster on Employees’ Rights to Protected and Paid Leave under the Families First Coronavirus Response Act
On March 25, 2020, the U.S. Department of Labor (“DOL”) Wage and Hour Division (“WHD”) released a workplace poster detailing employees’ rights to expanded medical leave and paid sick leave under the Families First Coronavirus Response Act (FFCRA). The DOL poster can be located here: https://www.dol.gov/sites/dolgov/files/WHD/posters/FFCRA_Poster_WH1422_Federal.pdf This poster must be posted by all covered employers (employers with fewer than 500 employees) in frequently used common areas, on or before the effective date of the FFCRA, in order to satisfy the notice obligations under the new federal law. Covered employers must ensure that the FFCRA notice is posted in a conspicuous …
DOL Issues Initial Guidance on Families First Coronavirus Response Act
On March 24, 2020, the U.S. Department of Labor (“DOL”) issued its first form of guidance on the leave provision contained in the Families First Coronavirus Response Act (“FFCRA”) passed last week. The DOL notes that it will also be promulgating official new regulations in the coming days. The entire DOL Q&A is linked here: https://www.dol.gov/agencies/whd/pandemic/ffcra-questions. One of the significant questions addressed by the DOL is when and how employers should count employees to determine whether they fall within the “under 500” requirement for purposes of coverage under the FFCRA. According to the guidance, employers should calculate total “head counts” …
Coronavirus Unemployment Update
Last week, Ohio Governor Mike DeWine issued an “emergency declaration” expanding and clarifying eligibility for unemployment benefits during the current COVID-19 (“coronavirus”) pandemic. Specifically, unemployment benefits are now available for eligible individuals who are requested by a medical professional, local health authority, or employer to be isolated or quarantined as a consequence of coronavirus, even if they are not actually diagnosed with coronavirus. In addition, the standard one-week waiting period for unemployed individuals seeking unemployment benefits is being waived for this situation. If an employer discharges employees due to a loss of production caused by the coronavirus, employees will be …
Ohio Health Director Issues “Stay at Home Order” Dated March 22, 2020
On Sunday, March 22, 2020, Governor DeWine announced a new “Stay at Home Order” issued by Ohio Health Director Amy Acton, MD, MPH (the “Order”). In addition to severely restricting the ability of individuals in Ohio to leave their residences for two weeks, the Order contains specific and dramatic instructions to Ohio employers on managing their workforces. The employment-related restriction in the Order includes numerous exceptions. Below are details concerning the Order and its impact on essentially all private businesses in the state. Effective date: March 23, 2020 at 11:59 PM. End date: April 6, 2020 at 11:59 PM (unless …