As Maine begins its phased re-opening in the midst of the coronavirus pandemic, the risk of exposure to the virus will become more prevalent as members of the public begin to patronize businesses. Business owners will be taking measures to protect their customers and employees, yet they will remain vulnerable to claims of negligence by those who contract the virus. In this new environment, business owners should consider requiring customers and clients to sign a waiver of liability and indemnity agreement. Read More
While we all wait for the U.S. Small Business Administration (SBA) to release its Interim Final Rule providing specific guidance and instructions regarding PPP loan forgiveness, which was originally due to be released April 26, 2020, here is what we know so far. PPP loan forgiveness is based on the borrower’s eligible payroll costs and eligible non-payroll costs “incurred and paid” during the 8-week period measured from when the PPP loan funds were first disbursed. This 8-week period is referred to as the “Covered Period.” Loan forgiveness will be determined by looking at the loan amount received by the borrower and the eligible costs incurred and payments made by the borrower within the Covered Period. Read More
On March 18, 2020, the U.S. and Canadian governments announced the closure of the international border to nonessential travel due to the COVID-19 pandemic. An announcement of the border closure was published in the Federal Register on March 24, 2020, in which the Department of Homeland Security noted that, consistent with the President’s declaration of a national emergency, the spread of COVID-19 within the U.S. posed a “specific threat to human life or national interests,” justifying the travel restrictions under 19 U.S.C. § 1318. The initial closure was scheduled to expire on April 20, 2020, but was extended for an additional month, or until 11:59 PM EDT on May 20, 2020. The notice extending the travel restrictions was published in the Federal Register on April 22, 2020. Read More
The current health crisis has impacted nearly every aspect of our economy. And while certain construction activities have been deemed to be “essential services” in Maine, many projects have been halted or significantly delayed. Government restrictions aimed at slowing the spread of the Coronavirus have derailed supply chains, limited available workforces, and prevented necessary inspections from occurring. In addition, social distancing and health and safety requirements on the jobsite have further slowed work. In light of these unprecedented challenges, many contractors are left to wonder if these delays can be excused. Read More
UPDATED MAY 22, 2020
When and how you may reopen your business after the COVID-19 shutdown is a question that initially will be answered by federal and State government, and then by individual business owners and managers. For example, Maine Governor Janet Mills has set out a four-stage program for when Maine businesses may reopen with specific checklists for each business to follow, but whether to reopen on that schedule or later is up to each business owner or manager. Read More
When the Families First Coronavirus Response Act (FFCRA) was passed, it contained a provision allowing the Secretary of Labor to issue regulations providing an exemption from the Act’s paid leave requirements for businesses with fewer than 50 employees. On April 6, the USDOL published a temporary rule regarding Paid Leave Under the Families First Coronavirus Response Act containing such a small business exemption. Section 826.40(b) of the temporary rule describes the small business exemption issued pursuant to the Secretary’s regulatory authority to exempt small private businesses from having to provide an employee with paid sick leave under the Emergency Paid Sick Leave Act (EPSLA) and expanded family and medical leave under the Emergency Family and Medical Leave Expansion Act (EFMLEA). Read More
COVID-19 and the unprecedented efforts being taken to prevent its spread have turned the world on its head and brought into focus the importance of preparedness and planning in all aspects of life.
For governments, being prepared means having effective response plans in place to combat the health and economic damage caused to the people they serve. For businesses, being prepared is having established plans to allow them to adapt to new circumstances and to continue operations.
For individuals, what first comes to mind in being prepared and planning is probably having enough savings tucked away to get through a tough time, or having enough food and supplies stored for their families. What often gets over looked, even in the best of times, is planning for you and your family’s future in the event of a serious illness, or even death, of a loved one. Read More
The spread of COVID-19 in recent weeks is likely to impact construction projects across the state. While the State of Maine and local governments have deemed many construction activities essential, payments to contractors, subcontractors, and suppliers are likely to slow due to unprecedented economic uncertainty. As a result, contractors, subcontractors, and suppliers should take steps to protect their payment rights. Read More
The COVID-19 crisis has spurred many people to begin offering services as freelancers, whether online or in safe-distance, in-person ways. For those new to freelancing, we offer this guide to key business-law issues that you should understand as a business owner. These are the answers we provide to questions from our own freelancer clients. Read More
On Friday, March 27, 2020, the President signed into law the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), a federal stimulus package aimed at providing relief to American individuals and businesses during an unprecedented shutdown of much of the American economy.
Through tax credits, emergency grants, forgivable loans, and loan forgiveness, the CARES Act is designed to provide American businesses with the cash flow and debt relief to retain current employees, rehire employees laid off or furloughed, and to generally weather this severe economic downturn. Read More
In response to the ongoing COVID-19 pandemic, the State of New Hampshire has issued various emergency orders aimed at reducing the spread of the Coronavirus. For example, on March 26, 2020, the Office of the Governor signed Emergency Order #17 Pursuant to Executive Order 2020-04, which substantially limits the activities of “non-essential” services state-wide through May 4, 2020. Read More
COVID-19 is a Black Swan, a reminder to expect the unexpected. Health Care Directives are a tool to plan.
As we follow the news about COVID-19, it triggers thoughts about what would happen if we got sick. An Advance Health Care Directive is the tool to decide who would make health care decisions for us and what those decisions would be. Read More
On March 18, 2020, Congress passed, and the President signed, a revised version of The Families First Coronavirus Response Act (the Act) that was first passed out of the House on March 14. The Act requires employers with fewer than 500 employees to provide COVID-19-related paid sick and family leave to eligible employees. Significant changes from the original House version that we reported on are noted by underline, below. The Act will take effect within 15 days (April 2, 2020). Read More
The Families First Coronavirus Response Act (FFCRA) requires that employers post a notice advising employees of their rights under the new law. The United States Department of Labor has now published the poster that employers are required to post regarding the new emergency paid sick leave and family medical leave requirements. A copy of the poster can be found here.
The DOL explains that employers can satisfy the posting requirement for employees who are working at home by emailing or mailing the notice to employees. The DOL FAQ states:
- Where do I post this notice? Since most of my workforce is teleworking, where do I electronically “post” this notice? Each covered employer must post a notice of the Families First Coronavirus Response Act (FFCRA) requirements in a conspicuous place on its premises. An employer may satisfy this requirement by emailing or direct mailing this notice to employees, or posting this notice on an employee information internal or external website.
In response to the ongoing COVID-19 pandemic, the State of Maine and local governments have issued emergency orders aimed at combating the transmission of the Coronavirus in our communities. For example, on March 24, 2020, the Office of the Governor issued An Order Regarding Essential Businesses and Operations, substantially limiting the activities of “non-essential” businesses and operations state-wide. On that same day, the City of Portland issued a Proclamation Declaring Continued State of Emergency and Requirement to Stay at Home, also limiting the activities of non-essential businesses and operations within the City of Portland. Central to both orders is the requirement that all non-essential businesses and operations cease activities that are public facing, and essentially close their physical workspaces and facilities. Read More
Yesterday evening, March 17, 2020, the Maine Legislature passed Legislative Document No. 2167, “An Act to Implement Provisions Necessary to the Health, Welfare and Safety of the Citizens of Maine in Response to the COVID-19 Public Health Emergency” as emergency legislation to take effect immediately. Included in the Act is a provision that makes employees who are temporarily laid off due to the COVID-19 crisis, or who are sick or quarantined or caring for a family member as a result of COVID-19, eligible for unemployment benefits. There is no waiting period, and there will be no charge against the employer’s experience rating record. If you are in the unfortunate circumstance of having to temporarily cease operations during this public health emergency, the State of Maine has provided a safety net for your employees. Employees should be advised of this emergency unemployment benefit if you need to suspend operations or if an employee is quarantined or caring for a sick family member as a result of COVID-19. Read More
Perkins Thompson attorneys have prepared the following comprehensive presentation offering legal and practical guidance for your business or non-profit in light of the COVID-19 pandemic:
For assistance with issues you or your business may be facing, please contact our office at (207) 774-2635. Attorneys and staff are currently working remotely and are available to assist.
The Families First Coronavirus Response Act (the “Act”), passed in the House and awaiting action in the Senate, would require employers with fewer than 500 employees to provide eligible employees with paid sick leave and emergency paid leave (essentially providing a paid FMLA benefit) for certain specified COVID-19 reasons where: Read More