The U.S. Department of the Treasury (Treasury) recently released the Final Rule for the American Rescue Plan Act of 2021 State and Local Fiscal Recovery Funds (ARPA Funds) bringing closure to most of the uncertainty surrounding eligible uses of ARPA Funds by local municipalities. In general, the Final Rule provides numerous examples of eligible projects, within the four primary eligible ARPA Funds use categories. Additionally, the Final Rule provides local municipalities clear direction that as a recipient, a local municipality will have broad flexibility to use the ARPA Funds to respond to the specific needs of its local community. As a… read more »
Labor and Employment Update — Healthcare (CMS) and Large Employer (OSHA) Vaccine Mandates Back in Play in PA – Federal Contractor Mandate Still on Hold
Following the vaccine mandates over the past several weeks has seemed more like calling play-by-play than monitoring legal developments – and so we again find ourselves sorting through multiple changes of possession and challenges. To bring everyone up to date, the current state of play is as follows: Healthcare (CMS) Mandate Initially blocked in 10 states by a Missouri federal judge on November 29, 2021, then blocked nationwide by a Louisiana judge on November 30, 2021. UPDATE: A Fifth Circuit ruling on December 15, 2021, upheld the Louisiana court’s injunction – but only as to the 14… read more »
All Federal Vaccine Mandates Now on Hold
This page features updates and new information from previous articles. And just like that…all three prongs of the broad federal vaccine mandate issued as part of the Path Out of the Pandemic initiative – specifically those applicable to federal contractors, certain healthcare workers, and employers with 100 or more employees – have been blocked by multiple federal courts. Here’s a rundown of where things stand as of today: Initially blocked in 3 states by a Kentucky judge on November 30, 2021, then blocked in all states by a Georgia federal judge on December 7, 2021. Initially blocked in 10 states… read more »
Webinar: Vaccine Mandate Compliance
The White House earlier today (November 4th, 2021) announced the release of: 1) OSHA’s Emergency Temporary Standard requiring employers with 100 or more employees to require workers to be vaccinated or tested weekly; 2) Vaccination requirements for healthcare workers at facilities participating in Medicare and Medicaid facilities; and 3) Extension of the deadline for federal employees and contractors to be vaccinated from December 8, 2021 to January 4, 2022. Highlights of the nearly 500 page OSHA rule for large employers include: As of January 4, 2022: Employees must be vaccinated or be tested weekly – at their own expense;… read more »
Labor & Employment Update: Vaccine Mandate Rules
Article Updated 11/10/2021. An update to this article can be found HERE. While the Fifth Circuit has issued a temporary stay on implementation of OSHA’s Emergency Temporary Standard for large employers, this is not the final word. The next step will be for the various lawsuits (there are others pending in the 6th, 7th, 8th, 11th, and DC Circuits) to be consolidated and assigned to a single court of appeals – to be chosen by lottery (yes, you read that correctly…). That process is likely to occur next week, but it may be months before we have a ruling –… read more »
UPDATE: COVID-19 Economic Injury Disaster Loan Policy Changes
Small Business Owners and COVID-19 The COVID-19 pandemic has affected every one of us—but perhaps none more so than small businesses owners. A May 2020 study, conducted by the Society for Human Resource Management, reported that 42% of small business owners had to close their business as a result of the pandemic and that 62% of small businesses experienced a decrease in revenue. In November 2020, Vice President Harris acknowledged these bleak circumstances by confirming that one in four small businesses in the US have closed due to COVID-19. Over the last year and a half, the federal government has… read more »
CDC Issues New Eviction Moratorium, Limitations Apply
The National Eviction Moratorium imposed by the Center for Disease Control in its September 4, 2020 Order expired as of July 31, 2021. That Order provided protection from eviction for the nonpayment of rent to residential tenants, if they complied with the Order’s requirements. On the evening of August 3, 2021, a new Order was issued by the CDC affecting residential evictions. The New Order is in effect until October 3, 2021 and applies to residential properties in counties that have a heightened level of community transmission of COVID-19 and the Delta variant. CDC data on transmission rates can be… read more »
COVID and Child Custody
COVID-19 is not considered a reason to ignore the terms of the Pennsylvania child custody order. As a general rule, the Pennsylvania courts are requiring parents with a child custody order to follow the schedule set forth in the order despite concerns that a parent might have to the child traveling back and forth between two households. This is true even when the governor enters a stay-at-home order for non-essential activities. Governor Wolf’s first stay at home order went into effect on April 1, 2020. At that time, all Pennsylvanians were only allowed to leave their residences for essential activities. In addition to buying food… read more »
COVID-19 Update: Gov. Wolf Renews COVID-19 Disaster Declaration
On September 1, 2020, Governor Tom Wolf signed a second renewal of the 90-day disaster declaration for the COVID-19 pandemic. The emergency was originally declared on March 6, and this action is the second 90-day extension. The declaration extends protections for individuals and businesses during the ongoing pandemic. Protections include additional unemployment compensation, restrictions on eviction, an extension of licensing, and benefits for care workers and others who provide life-sustaining services to children, senior citizens, and other vulnerable residents.Act 15 Provisions Extended. Also extended are the provisions of Act 15 of 2020, under which municipalities can continue to take steps to assure safety… read more »
COVID-19 Update: SBA Released FAQs Today Regarding PPP Loan Forgiveness
The SBA just released additional guidance on Paycheck Protection Program (PPP) Loan forgiveness in the form of Frequently Asked Questions and answers. The PPP resumed accepting applications July 6, 2020, and will continue until August 8, 2020. The SBA will forgive loans if the funds are used for employee retention and eligible expenses. FAQs about PPP Loan Forgiveness (8/4/2020) Loans used for payroll costs, rent, interest on mortgages, and utilities will be fully forgiven. (At least 60% of the forgiven loan must have been spent on payroll.) Other important details include: – PPP loans have a 1% interest rate and payments will be… read more »