On May 19, the Occupational Safety and Health Administration (OSHA) revised its policy for when employers have to record COVID-19 cases in their injury and illness logs.

Under the revised policy, employers who are otherwise required to keep OSHA logs must make a determination as to whether workers’ COVID-19 cases are job-related. Previously, OSHA took the position that only healthcare employers, corrections facilities, and emergency-response providers were required to make that determination.Continue Reading OSHA Issues Revised Enforcement Guidance for Recording Cases of COVID-19

In our previous article “COVID-19 and the Shipowner’s Legal Obligations,” published in The Maritime Executive, and through our participation in a Zoom webinar on potential vessel operator liabilities hosted in conjunction with Greater New Orleans Barge Fleeting Association, we discussed the standard of reasonable care owed under the Jones Act and an employer’s obligation to provide a reasonably safe place to work. An owner has a duty to provide a seaworthy vessel under the General Maritime Law.

Recently, a COVID-19-related wrongful death lawsuit was filed against a vessel owner/Jones Act employer in the Eastern District of Louisiana titled, Kathy Norwood v. Rodi Marine LLC, et al., Civil Action No. 2:20-cv-01404. This case has been assigned to Judge Eldon Fallon and will test the legal obligations owed by vessel owners.Continue Reading COVID-19-Related Jones Act Suit Filed

Companies and organizations worldwide are facing a difficult question: As the fight against the COVID-19 pandemic shifts gears from emergency to maintenance, how can we reopen and run our businesses — from Day One and beyond — in a manner that preserves jobs and generates revenue without risking the health and safety of our employees and customers? The answers to this question are not simple, nor is there a one-size-fits-all solution.
Continue Reading COVID-19 Back-to-Work Toolkit: Helping Businesses Protect Lives and Livelihoods

On May 15, 2020, the Mississippi Gaming Commission issued its Order Authorizing Reopening (authorizing the reopening of Mississippi casino properties at 8:00 a.m., on Thursday, May 21, 2020) under the limitations described in Industry Letter 2020-01.

Please click here to review Industry Letter 2020-01 from the Mississippi Gaming Commission.

Please click here to review the

In a press release from Washington, DC, on April 17, 2020, US Secretary of Agriculture Sonny Perdue announced the existence of the Coronavirus Food Assistance Program (CFAP). This new US Department of Agriculture (USDA) program will take a number of actions to render direct aid to American farmers, ranchers, and consumers in response to the COVID-19 pandemic. President Trump directed the USDA to craft this immediate relief program to provide critical support to US farmers and ranchers, to maintain the integrity of the food supply chain, and to ensure Americans continue to have access to the food they need. The CFAP will receive $19 billion in funding from the Coronavirus Aid, Relief, and Economic Security (CARES) Act and the Families First Coronavirus Response Act (FFCRA), as well as from other USDA-related entities such as the Commodity Credit Corporation (CCC) and the Farm Service Agency (FSA).Continue Reading USDA Announces New Coronavirus Food Assistance Program to Farmers, Ranchers, and Consumers

In a significant, and overall welcome, development, on May 13, 2020, the Small Business Administration (SBA) issued additional guidance regarding the required certification by applicants for a Paycheck Protection Program (PPP) loan that the “current economic uncertainty makes th[e] loan request necessary to support the ongoing operations of the Applicant.”

Borrowers applying for a PPP loan are required to make the certification in good faith, and the SBA had previously issued guidance stating that all PPP loans of more than $2 million would be subject to audit to determine whether the borrower had an adequate basis for making the certification. This prior guidance also established that any borrower that repaid the PPP loan in full on or prior to May 7, 2020 (subsequently extended to May 14, 2020, and now further extended to May 18, 2020), would be deemed to have made the certification in good faith (see FAQ 31, FAQ 37, Interim Final Rule on Extension of Limited Safe Harbor with Respect to Certification Concerning Need for PPP Loan Requested dated May 8, 2020, and FAQ 47).Continue Reading SBA Offers Further Guidance — and Certainty — Regarding Good Faith Certification of PPP Loan; Further Extends Safe Harbor Repayment Date

The Coronavirus Aid, Relief, and Economic Security (CARES) Act provides for, among other things, an “employee retention tax credit” for employers that are forced to suspend operations or experience a financial downturn. The CARES Act disqualified employers that received Paycheck Protection Program (PPP) loans from taking the employee retention tax credit. Some employers that received PPP loans are now contemplating repaying the loans based on recently released guidance clarifying the scope of employers that are eligible for the PPP. The guidance allows employers that received PPP funds to repay the funds by May 14 without penalty.Continue Reading Employers That Repay PPP Funds by May 14 Are Eligible for Employee Retention Tax Credit

Recognizing the profound impact COVID-19 is having on the way businesses operate, the Department of Homeland Security (DHS) has implemented temporary employment verification procedures to address some of these issues.

Form I-9 Inspection of Documents

Now and in the near future, employers taking physical proximity precautions due to COVID-19 will not be required to review an employee’s identity and employment authorization documents in person. Section 2, however, should still be completed within three business days of hire. Here’s how it will work:

  • The employer may inspect the Section 2 documents remotely (i.e., via video link, fax, or email, etc.). As always, we recommend (and it may be required due to participation in E-Verify) retaining copies of the documents presented.
  • Once physical inspection takes place, employers will enter “COVID-19” as the reason for the physical inspection delay in the field titled “Additional Information” in Section 2.
  • Once normal operations resume, employees who were hired using remote verification must report to the employer within three business days for in-person verification of identity and employment eligibility documentation.
  • Once the original documents have been physically inspected, the employer should add “documents physically examined” with the date of inspection to the Section 2 Additional Information field or to Section 3 (if documents presented remotely have since expired).
  • These provisions may be implemented by employers through May 19 (which could be extended) or within three business days after the termination of the National Emergency, whichever comes first.
  • Employers who utilize these procedures must provide written documentation of their remote onboarding and telework policy for each employee.

Continue Reading COVID-19 Brings Temporary Changes to I-9 and E-Verify Procedures

Both the state of Louisiana and the city of New Orleans have provided additional information for businesses planning to reopen or expand operations once the current stay-at-home orders are lifted or modified. The state of Louisiana has launched a new Open Safely online platform, where businesses can register to receive up-to-the-minute information on what phase of the state’s reopening plan their businesses are considered to be in, what phase the state is in as Louisiana moves through phases of reopening, and what social distancing and sanitation guidelines apply to their specific operation in each phase.
Continue Reading Louisiana and New Orleans Offer New Guidance on Reopening