The EEOC has issued new guidance on its website in a question and answer format. The EEOC enforces workplace anti-discrimination laws (https://www.eeoc.gov/wysk/what-you-should-know-about-covid-19-and-ada-rehabilitation-act-and-other-eeo-laws#A.6). This guidance gives answers to some of the questions employers have had in recent weeks, including but not limited to; 1. Medical exams for employees and new hires; 2. Taking employee’s temperatures; 3. Providing reasonable accommodations for disabled employees both on the…

  I. The $349 billion allocated to the Paycheck Protection Program Runs Out of Money The Small Business Administration is already tapped out of emergency loan funds approved last month to help companies stay solvent and avoid having to terminate workers. https://www.yahoo.com/entertainment/sba-stimulus-loan-program-runs-181843384.html II. Mandatory Sick Leave Section 196-b, newly added to the New York Labor Law, mandates that employers, throughout all of New York State,…

Local governments throughout New York State are navigating how to comply with new social distancing requirements implemented in response to the Covid-19 pandemic while trying to conduct essential municipal business. In direct conflict with the Covid-19 social distancing requirements, is the in-person access to meetings requirement in Open Meetings Law (Article 7 of the Public Officers Law). Governor Cuomo has issued two Executive Orders to…

Virtually every company in New York State has been impacted by the COVID-19 outbreak. Many of these companies have business interruption insurance (also known as business income insurance), which is typically found as part of the insured’s property and casualty commercial insurance policy. However, the coverage scope of each policy can vary in certain critical ways and can have numerous wrinkles, any of which may…

As a general rule, state-level offices are closed to walk-in traffic, but remain “open” to accept electronically new entity formation filings, amendment filings, dissolution filings, merger filings, document search requests, good standing certificate requests, UCC financing statements and renewals, and other filings. The corporate jurisdictions our clients deal with most frequently are New York and Delaware. New York State Department of State, Division of Corporations…

Virtually every company in New York State has been impacted by Governor Andrew Cuomo’s Executive Orders requiring all nonessential New York workers to stay home and by the COVID-19 outbreak more generally. Many of those same New York companies also have business interruption insurance (also known as business income insurance). This type of insurance is typically found within or as a supplement to the insured’s…

  Virginia A. Kawochka, Administrator at Forchelli Deegan Terrana LLP (“FDT”), is a Co-Chair of the Nassau County Bar Association’s (NCBA) newly-introduced Legal Administrators Committee. She Co-Chairs this Committee with Dede S. Unger, Firm Administrator at Barket Epstein Kearon Aldea & LoTurco, LLP. According to the Nassau Lawyer, the Legal Administrators Committee provides a forum for these professionals to share information, learn about updates to…

  Much has been written regarding the recent enactment of the Coronavirus Aid, Relief, and Economic Stimulus Act (“CARES Act”), the availability of its Payroll Protection Loans and the increase in the debt limit to $7.5 million for bankruptcy filings eligible under the subchapter V of the bankruptcy code. Subchapter V, created by the Small Business Reorganization Act of 2019, had a debt limit of…

  The SBA has now issued interim guidance on the Paycheck Protection Program (“PPP”), which are included in sections 1102 and 1106 in the Coronavirus Aid Relief and Economic Security (“CARES”) Act. As a reminder, the application for the PPP for small businesses with 500 or less employees, is now available and can be submitted starting today, although the ability to begin the application process…

  As a reminder the Emergency Paid Sick Leave (EPSLA) and Emergency Paid Family Leave Act (EFMLA) provisions of the Families First Coronavirus Response Act (FFCRA) take effect today, April 1, 2020. If employers have not already posted and provided remote workers with copies of the mandatory notice they should do so immediately. A copy of this poster is available at: https://www.dol.gov/sites/dolgov/files/WHD/posters/FFCRA_Poster_WH1422_Non-Federal.pdf The Department of…