[PLEASE SEE UPDATED INFORMATION HERE.]
COVID-19: Ongoing Updates for Employers
This page contains updates and information produced by attorneys in Phillips Murrah’s Labor & Employment practice group related to COVID-19. We are posting this information as a service to help employers, owners and managers of businesses and organizations to better understand the new challenges we face as related employment during the corovavirus pandemic.
The information contained in these posts are for informational purposes only, are not intended as legal advice, and do not constitute any attorney-client relationship. If you need legal assistance to help your business handle the challenges related to coronavirus outbreak, please click HERE or call 405-235-4100.
Also, below our coverage, please see our list of helpful links.
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USDOL seeks to overturn two proposed FLSA rules: Independent Contractor Rule and Joint Employer Rule
By Byrona J. Maule and Phoebe B. Mitchell In January, the United States Department of Labor (DOL) issued a notice of proposed rulemaking regarding the classification of independent contractors. Now, just months into President Biden’s term, his administration seeks to …
OSHA issues updated guidance on workplace COVID-19 prevention programs
By Lauren Symcox Voth The Occupational Safety and Health Administration (“OSHA”) published updated COVID-19 guidance for businesses on Friday, Jan. 29, 2021. The guidance, Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace, (“Guidance”) outlines …
Sign of the Times: Department of Labor publishes guidance on electronic postings and telemedicine visits in light of pandemic changes
By Janet A. Hendrick Recognizing ongoing changes the COVID-19 pandemic has brought to the way we work and receive medical treatment, the Wage and Hour Division of the United States Department of Labor issued employer guidance on December 29, 2020 …
Employment Law Update: EEOC Issues Guidance Regarding COVID-19 Vaccine in the Workplace
By Phoebe B. Mitchell On December 16, 2020, the EEOC published its highly anticipated guidance regarding the COVID-19 vaccine in the workplace. The guidance addresses employment law issues related to the vaccine under the Americans with Disabilities Act (ADA), Title …
Employers should prepare for COVID-19 vaccine in the workplace
By Phoebe B. Mitchell On December 11, 2020, the United States Food and Drug Administration (FDA) issued its first emergency use authorization (EUA) for the COVID-19 vaccine, which allows Pfizer-BioNTech, the manufacturer of the vaccine, to distribute the vaccine throughout …
COVID-19 Update: Okla. Gov. Stitt issues new restrictions, U.S. DOL updates face mask FAQs
By Phoebe Mitchell and Martin Lopez III COVID-19 Update: Oklahoma Governor Kevin Stitt Issues New Restrictions Against the backdrop of surging numbers of COVID-19 cases in Oklahoma, Governor Stitt recently announced the Seventh Amended Executive Order 2020-20. In addition to …
Clients seek lower costs for legal services
[VALUE] Clients, including in-house legal departments, are understandably focusing on lowering their legal expenses. They are looking to mid-market law firms like Phillips Murrah to achieve it.
Force majeure clauses and COVID-19
Gavel to Gavel appears in The Journal Record. This column was originally published in The Journal Record on September 17, 2020. By Phillips Murrah Attorney Kendra M. Norman Force majeure clauses are common clauses in contracts that allocate risk between parties and …
Breaking News: IRS issues guidance on Trump’s payroll tax deferral order
[TAX LAW] IRS and Treasury guidance indicates that the Treasury intends to put the onus of Trump's deffered tax repayment on the employer, with the employer potentially subject to interest, penalties, and additions to tax beginning on May 1, 2021, …
U.S. Dept. of Labor releases paid leave guidance for employees with children returning to school
[EMPLOYMENT] USDOL issued additional guidance on Thurs., Aug. 28, regarding employees taking paid leave under the FFCRA related to children returning to school.
New York Federal Court invalidates department of labor FFCRA regulations creating potential nationwide ramifications
By Phoebe B. Mitchell On August 3, 2020, the United States District Court for the Southern District of New York invalidated multiple Department of Labor (DOL) regulations interpreting the Families First Coronavirus Response Act (FFCRA), Congress’ response to the COVID-19 …
What is the status of evictions and foreclosures in Oklahoma amidst the COVID 19 pandemic?
By Gretchen M. Latham In March 2020, the State Supreme Court entered an Order extending statutory deadlines, which included an extension of any answer deadline on pending civil cases. For foreclosure actions, that means many borrowers were given additional time …
Phillips Murrah PPE donation to OU Medicine follow-up
As part of Phillips Murrah’s efforts to assist in the Oklahoma City community’s response to the COVID-19 pandemic, our Firm once again partnered with NPR radio station KGOU. In addition to supporting KGOU’s ongoing work, Phillips Murrah raised $3000 for …
SB 1928: Key changes to ABLE laws make curbside sales and delivery of alcohol permanent
[ALCOHOL SALES] The passage of Senate Bill 1928 in the last days of the session effectively made the ABLE Commission’s previous directives about curbside sales and delivery of alcohol permanent.
Governor Signs S.B. 300 Providing Immunity for Physicians, Hospitals and Other Providers
[HEALTH PROVIDER LIABILITY] The recently-approved Oklahoma Senate Bill 300 grants civil liability protection to health providers through October 2020 in the event of loss or harm to a person at a facility where suspected or confirmed COVID-19 diagnoses exist, with …
Returning to Work – A Post-Pandemic Workplace Safety Guide
[EMPLOYMENT LAW] Post-Pandemic Workplace Safety Guide - Based on OSHA guidance and the inevitable surge of litigation in the post-pandemic US, employers should act now to both protect their employees and minimize potential liability. Before employees return to the workplace, …
CARES Act and independent contractors – How businesses can mitigate risk related to CARES Act unemployment claims
[INDEPENDENT CONTRACTORS] This article is geared towards businesses that regularly use independent contractors who may file claims for unemployment insurance benefits—discussing the risks involved and how businesses can mitigate those risks.![[UPDATE] SBA, Treasury extended the safe harbor repayment date for PPP loans](https://phillipsmurrah.com/wp-content/uploads/2020/03/2020-Coronavirus-SM-Square-Graphic-65x65.jpg)
[UPDATE] SBA, Treasury extended the safe harbor repayment date for PPP loans
[PPP Loans] Treasury's May 5 guidance update extends PPP repayment date for the safe harbor to May 14. Initially, the repayment date was May 7. Click through for details.SBA, Treasury update PPP reg guidance for laid-off employee forgiveness exclusion
[PPP Loans] Treasury: Laid-off employees will be excluded from the forgiveness reduction calculation so long as the borrower made a good faith, written offer of rehire and the employee's rejection of the offer is documented.
PM Director Kathy Terry featured in article about liability related to workplace reopening
Phillips Murrah Director Kathy Terry is featured as a source in a Journal Record article regarding liability that companies may face as Oklahoma begins to re-open as directed by Governor Stitt. From the story: As thousands of businesses reopen their …
#GivingTuesdayNow: Phillips Murrah partners with KGOU to support OU Medicine PPE
#GivingTuesdayNow is May 5. It is certainly an understatement to say that the past month and a half has been disruptive to the way of life of so many. As we adapt to this strange new world, we seek out …
Phillips Murrah presents COVID-related employment law update for Petroleum Alliance
[EMPLOYMENT LAW] Phillips Murrah Director Kathy Terry presented an in-depth labor and employment videoconference about changes to employment rules resulting from new COVID-19-related federal legislation to the Oklahoma Petroleum Alliance.UPDATE: Senate approves bill to revive, revise PPP program
[PPP LOANS UPDATE] On Tuesday, April 21, the Senate approved a $484 billion bill, allocating an additional $310 billion in funds to the Small Business Association’s Paycheck Protection Program, whose original funds were depleted after only one week.
Business risk related to independent contractor unemployment claims under CARES Act
[EMPLOYMENT LAW] How do businesses handle risk when filing unemployment insurance benefits claims for independent contractors?
Roth: Utility demand peaks lowered, overall Oklahoma energy industry impact yet to be seen
[ENERGY] Oklahoma utility demand peaks are down, and a clear indication of how the coming months will affect the Oklahoma energy industry has yet to reveal itself. Phillips Murrah Attorney Jim Roth is quoted in the Oklahoman newspaper.
General Contractor Bankruptcy – protect your rights
[CONSTRUCTION LAW] Given the uncertain economic times and the potential delays for projects, the risk of bankruptcy is high. It is more important than ever to protect your rights to payment or to completed, timely projects without additional costs. Communicate …
FAQs: Impact of Covid-19 On Commercial Real Estate
[COMMERCIAL REAL ESTATE] The impact of COVID-19 on the CRE industry is unprecedented. We have been asked a broad range of questions as a result of the pandemic, including: What if a tenant cannot pay rent? Are commercial transactions being …
Tax Law Q&A: COVID-19 Tax Issues for Businesses
[TAX LAW] As part of FFRCA and the CARES Act, Congress made a number of favorable changes to the Tax Code that are beneficial to benefit both businesses and individuals. Specifically with respect to businesses, the following provisions may be …
Q&A about SBA Loans related to the newly passed CARES Act
[SBA LOANS] With recent passage of the Coronavirus Aid, Relief, and Economic Security Act ("CARES Act"). Small business owners, in particular, are anxious to receive relief under the Act. The Small Business Administration (SBA) is implementing regulations regarding the historic …
Employer Essentials Resource Package
[EMPLOYMENT LAW] Phillips Murrah has put together a flat-fee bundle of basic policies and guidance to help employers comply with the Emergency Paid Sick Leave Act (EPSLA) and the Emergency Family Medical Leave Expansion Act (EMFLA), both of which are …
Senate Approves CARES Act: Key Tax Changes
[TAX LAW] The CARES Act, approved by the Senate and set for a Friday House vote, provides both individuals and businesses with robust economic support, including through changes to the federal tax code.
Senate Approves CARES Act: Important SBA Loan Information
[SBA LOANS] The CARES Act, approved by the Senate and set for a Friday House vote, authorizes $349 billion for SBA 7(a) loans. Read important highlights:
What are considered “essential services” in Oklahoma during COVID-19?
Due to the horrible effects of the COVID-19 global pandemic, Oklahoma Governor Kevin Stitt has ordered that all businesses not identified as being within a critical infrastructure sector to close. Understandably, the order has a lot of Oklahomans wondering who …
ABLE permits beer and wine sale from licensed restaurants closed to dine-in service due to COVID-19
[LIQUOR LAWS] Many Oklahoma cities have closed restaurants to dine-in service and permit only delivery, take-out or curb-side pickup. ABLE permits beer and wine sales to consumers from licensed restaurants that are closed to dine-in service.Oklahoma Department of Commerce to host teleconference series on SBA Economic Injury Disaster Loans
[SBA LOANS] For Oklahoma businesses interested in more information about the U.S. Small Business Administration (SBA) Economic Injury Disaster Loan Program, The Oklahoma Department of Commerce is hosting three teleconferences that will cover the application process.
Cybersecurity during COVID-19 transition to remote work policies
[CYBERSECURITY LAW] For companies, responding to the pandemic means enabling employees to work from home. With this comes the obvious preparation to allow employees access to company information outside of the company’s network. It is incredibly important to recognize that …
Department of Labor Issues Interim Guidance on Recently-Enacted Coronavirus Response Act
[EMPLOYMENT LAW] The U.S. Department of Labor issued its first guidance on the implementation of the recently-enacted Families First Coronavirus Response Act. The DOL is expected to issue formal implementation regulations later this week. Some of the important information in …
Senate reaches bipartisan deal on CARES Act
[EMPLOYMENT LAW] The U.S. Senate reportedly reached a bipartisan deal to finalize and pass the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”), a $2 trillion stimulus package seeking to address the widespread economic damage caused by the ongoing …
OTC issues tax notice related to curbside or drive-through sales of packaged beer and wine
[TAX LAW] Oklahoma Tax Commission: Curbside or drive-through packaged beer and wine sales do not constitute mixed beverages that are subject to 13.5% mixed beverage tax.
Court-ordered custody visitation issues during COVID-19 pandemic
[FAMILY LAW] For families dealing with a court-ordered visitation schedule due to divorce, paternity actions, guardianships, or otherwise, there was no clear direction on how they should continue with their current court-ordered visitation schedule that primarily revolved around start and …
State-by-State breakdown of COVID-19 tax relief to taxpayers
[TAX LAW] Over thirty states and municipalities are offering tax relief to taxpayers in connection with the COVID-19 outbreak. Attached is a summary of the various state and local actions as of March 24, 2020 that was prepared by Thompson …
Understanding Paid Sick Leave Tax Credits for Employers
[TAX LAW] The Families First Coronavirus Response Act (FFCRA) includes both the Emergency Paid Sick Leave Act, which provides for paid sick leave, as well as the Emergency Family and Medical Leave Expansion Act, which provides for expanded paid leave. …
DOL seeks public input on Family First Coronavirus Response Act
[EMPLOYMENT LAW] The U.S. Department of Labor (DOL) Wage and Hour Division (WHD) reached out on Monday seeking pubic input on how to implement The Families First Coronavirus Response Act (FFCRA). Input in open March 23 through March 29.COVID-19 Resource Center
Oklahoma Governor Announcement: Healthcare occupational licenses extended during the emergency
[HEALTHCARE LAW] Governor Stitt issued Amended Executive Order 220-7 which provided additional responses to the current pandemic. The Order offers a grace period by providing the following guidance to providers with state licensure issues to all 77 counties and positions.
Potential Legal Recourse for COVID-19 Losses
[BANKRUPTCY & RESTRUCTURING] The continuing uncertainty surrounding the COVID-19 global pandemic is causing significant disruption to business operations. Recent restrictions on operations is likely to further cause various businesses to lack the financial capabilities to meet ongoing obligations. Such business …Disaster Loan Info: U.S. Small Business Administration (SBA) lending programs
[THIS ARTICLE IS OUT OF DATE. PLEASE SEE UPDATED INFORMATION HERE.] By Phillips Murrah attorney Kendra M. Norman SBA Loans The U.S. Small Business Administration (SBA) has several lending programs. A full list of the loan programs offered by …
(UPDATE Mar19) Emergency Coronavirus Response Bill: Employers Must Provide Paid Leave To Employees Impacted by COVID-19
[EMPLOYMENT LAW] On March 18, President Trump signed the Families First Coronavirus Response Act into law. It applies to all private employers with fewer than 500 employers. Paid sick time will be permitted to employees regardless of tenure, while employees …President Signs Amended Coronavirus Response Act Providing Paid Sick Leave to Eligible Employees
By Lauren Barghols Hanna On March 18, President Trump signed the Families First Coronavirus Response Act into law. It applies to all private employers with fewer than 500 employers. Paid sick time will be permitted to employees regardless of tenure, …
Can Employers Take an Employee’s Temperature and Other COVID-19 Questions
By Lauren Symcox Voth EEOC Publishes Guidance on Pandemic Preparedness The World Heath Organization (WHO) has declared COVID-19 an international pandemic and as a result the Federal, Local, and State governments have declared a state of emergency across the country. …
House Sends Amended Coronavirus Response Act to Senate with Significantly Reduced Employee Paid Leave Protections – Vote Expected Today
By Lauren Barghols Hanna Late last evening, the U.S. House of Representatives passed an amended version of the Families First Coronavirus Response Act, originally passed by the House on Saturday. Although the amended bill was labeled as “technical corrections,” it …Emergency Coronavirus Response Bill: Employers Must Prepare for Potential Paid Leave Obligations
By Lauren Barghols Hanna As of publication, there are 167,517 confirmed cases of COVID-19, the respiratory disease caused by the novel coronavirus, in 135 countries around the world, with the United States currently confirming more than 3,000 cases. On Friday, …Emergency Coronavirus Response Bill: Brief Overview of Employer-Paid Sick Leave Obligations
By Lauren Barghols Hanna As of publication, there are 167,517 confirmed cases of COVID-19, the respiratory disease caused by the novel coronavirus, in 135 countries around the world, with the United States currently confirming more than 3,000 cases. On Friday, …
Coronavirus 2020: Current Guidance for US Employers
By Phillips Murrah Attorneys Janet Hendrick and Phoebe Mitchell Around the globe, the number of confirmed Coronavirus cases has risen to over 81,000. Although 95% of these confirmed cases are located in China, the number in the United States has …
HELPFUL LINKS:
- Centers for Desease Control and Prevention Coronavirus (COVID-19) page
- U.S. Department of Labor Coronavirus Resources page
- Equal Employment Opportunity Commission (EEOC) guidance on pandemic preparedness
- EEOC: “What You Should Know About the ADA, the Rehabilitation Act, and COVID-19”
- Interim US Guidance for Risk Assessment and Public Health Management of Persons with Potential Coronavirus Disease 2019 (COVID-19) Exposures: Geographic Risk and Contacts of Laboratory-confirmed Cases
- 15 Ways to Slow the Spread – coronavirus.gov
