COVID-19
SBA Loan Program Update – Under pressure from Congressional Democrats, the Trump administration announced this week it would release the names of borrowers who received Paycheck Protection Program (PPP) loans of $150,000 or more, accounting for about 75% of funds distributed through the program.To Access Align's Analysis: Log In or Subscribe
Right To Reemployment – San Francisco enacted a first of its kind mandate that requires large employers (100 or more employees) to first offer laid-off workers their old jobs back before offering employment to new applicants.To Access Align's Analysis: Log In or Subscribe
Workplace Protections – Virginia is poised to approve the first comprehensive set of coronavirus-era workplace safety rules that companies would be forced to implement to protect workers from infection. According to the Washington Post, the federal agency in charge of workplace enforcement (OSHA) has issued only one citation in response to more than 4,000 coronavirus-related complaints. Workplace advocates and former OSHA officials have criticized the agency’s inaction. Virginia’s draft rule will be finalized by the state labor department within 60 days. Among other provisions, the new rules would force companies to notify workers of possible exposure to infected co-workers within 24 hours, while also mandating physical distancing as well as sanitation, disinfection and hand-washing procedures. Other states are likely to follow Virginia’s lead.To Access Align's Analysis: Log In or Subscribe
Liquor License Suspension – The suspension of liquor licenses is emerging as a preferred tactic for policymakers to enforce reopening mandates – restricted service, capacity requirements or other violations of social distancing requirements. Regulators in Florida, Texas, New York and California (among others) have earned recent headlines for suspending operators’ licenses after they were found to have violated rules.
Force Majeure Clauses – In a decision considered the first of its kind, a court held that government restrictions to combat the spread of COVID-19 “qualify as a force majeure event and represent a valid reason” for non-payment of rent and other contractual obligations.To Access Align's Analysis: Log In or Subscribe
Liability – Without a federal standard, states continue to lead the way on safe harbors, or liability shields, for employers. Legislatures in North Carolina and Mississippi both considered legislation this week, making them the latest states to consider state-level liability protection. Meanwhile, lawsuits are starting to mount. This week the law firm Littler Mendelson released a report that found there have been 231 lawsuits (including 30 class actions) filed against employers due to alleged labor and employment violations related to COVID-19. California is now leading the way with 32 cases filed, with Florida (27), New Jersey (26), and Texas and New York (18 each) following closely behind. The most common complaints have focused on retaliation (69), breach of contract (including wrongful termination – 68) workplace safety (52), and wage & hour (42). The Healthcare industry has been hardest hit by COVID-19 employment litigation with 47 alleged violations of Leaves of Absence, Wage & Hour, Retaliation, and Wrongful Termination topping the list of claims. More details.
McDonald’s – A judge ordered the temporary closure of an Oakland McDonald’s location while the parties continue litigating the case. A court found that the restaurant must boost its COVID-19 safety protocols in order to reopen.To Access Align's Analysis: Log In or Subscribe
Wages
Ohio – Citing the difficulties of signature gathering during the COVID-19 epidemic, Ohioans for Raising the Wage have suspended their campaign.To Access Align's Analysis: Log In or Subscribe
Albuquerque, NM – A proposal will be heard in the city council next week to enact “premium pay.” It requires large businesses deemed essential during the COVID-19 pandemic to provide up to $75 extra per shift to workers earning $15 or less per hour. The hazard benefit would apply to businesses with at least 50 workers.To Access Align's Analysis: Log In or Subscribe
Paid Leave
U.S. Senate – The Senate Finance Committee held a bipartisan meeting (but not an official hearing) on various ways to structure potential leave legislation. While the conversation was unrelated to any particular bill, committee leaders of both parties agreed on the need for federal action soon.To Access Align's Analysis: Log In or Subscribe
Colorado – Paid leave proponents renewed their efforts to place a measure on the Nov. ballot (Initiative 283) that would provide most workers in the state with up to 12 weeks of partial pay and job security in the event they need to take a leave of absence from their jobs.To Access Align's Analysis: Log In or Subscribe
Albuquerque, NM – The city council will likely vote next week on a paid sick leave proposal that requires employers to provide full-time workers up to 80 hours of “public health emergency paid leave” through Dec. 31, and to give a comparable benefit to part-time workers.To Access Align's Analysis: Log In or Subscribe
Philadelphia, PA – A city council committee advanced a proposed bill that would mandate businesses with more than 500 workers provide up to 10 days of paid sick leave for full-time employees and create a “portable benefits system” to calculate leave for workers employed by multiple companies.To Access Align's Analysis: Log In or Subscribe
Delivery
New Jersey – Legislation is still awaiting the governor’s signature capping delivery fees by third-party platforms at 20 percent and at 10 percent for restaurants that self-perform. The proposed law would be in effect anytime the state restricts dine-in service to less than 25% of maximum capacity due to the COVID-19 pandemic.To Access Align's Analysis: Log In or Subscribe
Marin County, CA – Following the lead of neighboring San Francisco, the county board of supervisors voted unanimously to cap third-party delivery commissions at 15 percent.To Access Align's Analysis: Log In or Subscribe
Alcohol
Delaware – The house voted to allow restaurants and taprooms to continue to sell alcoholic beverages with take-out, drive-thru or curbside pick up orders through March 2021.To Access Align's Analysis: Log In or Subscribe
Georgia – The state senate overwhelmingly approved legislation which would allow beer, wine, and liquor delivery from restaurants, bars, convenience stores and grocery stores.To Access Align's Analysis: Log In or Subscribe
Michigan – Legislation is headed to the governor’s desk that would permit cocktails for pickup or delivery from bars and restaurants through 2025.To Access Align's Analysis: Log In or Subscribe
Oregon – The state liquor control commission took temporary action to enable licensees to deliver factory-sealed containers of alcohol to consumers.To Access Align's Analysis: Log In or Subscribe
Texas – The governor reiterated his support for allowing restaurants to permanently deliver alcoholic beverages with food purchases.To Access Align's Analysis: Log In or Subscribe