What We Think

As anticipated in our December COVID-19 Legal Update, the Equal Employment Opportunity Commission (EEOC) has updated its guidance on employer-mandated COVID-19 vaccinations.

As public health officials across the country gear up to administer Pfizer’s COVID-19 vaccine, many questions have been raised regarding the safety, efficacy, and distribution of such a vaccine.  While there currently is no law that specifically and explicitly prohibits employers from compelling their employees to take a COVID-19 vaccine, employers face no shortage of legal and employee relations challenges doing so, especially given that the vaccine has only been authorized for emergency use thus far.

Businesses have faced enormous challenges this year during the COVID-19 pandemic. In the midst of the resulting economic turmoil, launching new products or services has required careful planning as well as a solid branding strategy.

Working from home is no longer the exception – it is the rule. Because the pandemic shows no signs of slowing, companies will need to adapt to this reality. But working from home gives criminals new vulnerabilities to exploit. These criminals will use any vulnerabilities to gain access to company systems, to steal data or money, or to lock the company’s computers and ransom access.

In our September 9, 2020, COVID-19 Legal Update email, we mentioned a recent court case that invalidated certain Department of Labor (DOL) regulations for the two new paid leaves available under the Families First Coronavirus Response Act (FFCRA). In response to this decision, the DOL recently issued revised regulations regarding workers’ rights and employers’ responsibilities under FFCRA’s paid leave provisions.

Thank you to everyone who participated in the FVLD COVID-19 Response Survey. We sincerely appreciate your feedback and the time you took to provide it. Below is an overview of the responses we received followed by a detailed analysis of the responses with graphs and some commentary.

Regrettably, workplace violence has reared its ugly head with respect to COVID-19.  Consistent with state laws and guidelines from the Centers for Disease Control and Prevention (“CDC”), as well as the Occupational Safety and Health Act, businesses have wisely put in place COVID-19 prevention policies and practices.

Estate planning documents are particularly important during these unprecedented and unpredictable times.  Below, we answer some common questions regarding estate planning in the context of COVID-19 and the upcoming election.

On August 8, 2020, President Trump signed one Executive Order and three Memoranda in response to the ongoing COVID-19 pandemic.  These actions focus on a payroll tax deferral, additional unemployment benefits, renter and homeowner protections from eviction and foreclosure, and student loan payment deferrals.

The National Labor Relations Board (NLRB) recently determined that Cott Beverages Inc. had legitimate business reasons for restricting employees from accessing their cell phones on the manufacturing floor or at their work stations.

Recently, the Small Business Administration (“SBA”) released additional guidance regarding the Paycheck Protection Program (“PPP”), which includes changes to several previously released Interim Final Rules and provides two new loan forgiveness applications.

On June 5, 2020, the President signed the Paycheck Protection Program Flexibility Act into law. The Flexibility Act, which amends the CARES Act, gives borrowers who took loans under the Paycheck Protection Program (PPP) additional flexibility to achieve loan forgiveness.

Recently, the Small Business Administration released additional information regarding the Payroll Protection Program (“PPP”) including the Interim Final Rules for Loan Forgiveness and the Loan Forgiveness Application.

As the COVID-19 pandemic evolves, the government and our communities are planning to reopen our society and our workplaces.  This newsletter addresses a number of questions that we are receiving from businesses about reopening.  Because the situation is so fluid, some of these answers may change.

Coronavirus Aid, Relief, and Economic Security (“CARES”) Act SBA Paycheck Protection Program

On March 18, 2020, President Trump signed the Families First Coronavirus Response Act (the “Act”).  It is designed to provide emergency relief to address the profound impact of the coronavirus (COVID-19) and help to soften its effects on millions of Americans.

The coronavirus, which, in less than two months, has reportedly infected more than 81,000 people (the vast majority in mainland China) and caused more than 2,700 deaths worldwide, continues to dramatically impact global markets and economies.

We wish our clients and friends a healthy, happy, and prosperous 2020. Our January Legal Update highlights new laws and amendments that may be of interest to Illinois businesses and individuals.