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COVID-19 BUSINESS RESOURCE CENTER
As a strategic partner, SLG assists businesses in a variety of industries to make informed decisions regarding legal issues stemming from the COVID-19 global pandemic. We are here to help your business navigate the myriad of evolving federal, state, and local laws and regulations to allow for you to operate safely and in compliance with applicable rules.
BUSINESS CONTRACTS
Evaluate the potential legal basis to proactively terminate or renegotiate contracts with vendors, suppliers, customers, or others as a result of force majeure, frustration of purpose, impossibility or impracticable performance
Provide timely notice of event that allows for delayed performance, including force majeure
Mitigate impacts of delayed performance to the extent possible
When entering new contracts or agreements add force majeure or other delayed performance provisions or clauses for diseases, epidemics, and quarantines
COMMERCIAL AND REAL PROPERTY
Review leases and consider creating addendum related to COVID-19 and/or to address tenant default
Determine impact of rent eviction moratoria on your business and/or your tenants
Prepare for the “New Normal” as properties re-open by evaluating potential premises liability issues for all visitors and tenants
Consult with environmental health experts, where possible, to develop a cleaning plan, with ongoing monitoring, by a qualified team
Develop operating protocols, including how to respond to known or suspected COVID-19 cases
Effective communication with all stakeholders is key to managing expectations and insuring that property operations can continue safely and in compliance with all applicable laws and regulations
EMPLOYMENT
Effective communication is key: Prepare for and ensure effective communication with employees, including information about their rights and how to raise complaints
Best Practices: Develop best practices to handle remote workers, including telecommuting policies, proper employee classification, and tracking hourly workers
Update Policies and Comply with All Posting Requirements: Review, update, and create policies with respect to leaves of absence, work from home guidelines, vacation time and other PTO, and employee travel, with an eye towards new COVID-19 specific laws and regulations. Ensure that sick leave policies are flexible and consistent with recent legislation and public health guidance, and that employees are aware of and understand these policies.
Prepare for the “New Normal:” Develop a plan to bring employees back to the workplace
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Be prepared to address concerns about returning to the workplace for employees in high risk categories
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What to do if an employee refuses to return to work
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Consult with environmental health experts, where possible, to develop a cleaning plan, with ongoing monitoring, by a qualified team
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Develop operating protocols, including to respond to known or suspected cases of COVID-19
Workers Compensation: SB 1159 codifies and supersedes Governor Newsom’s Executive Order N-62-20, which had covered all California employees who worked at a jobsite outside their home at the direction of their employer between March 19 and July 5, 2020. SB 1159 also creates for employees who get sick from COVID-19 after July 6, 2020, a rebuttable presumption of eligibility for workers’ compensation benefits if (a) the employee is a first responder or health care worker, or (b) the employee works for an employer with five or more employees and tests positive for COVID-19 during an outbreak at their specific workplace. FAQs on SB 1159 from California’s Department of Industrial Relations are available here.
ENVIRONMENTAL
INSURANCE
Coverage may be available for the business interruption and lost income experienced as a result of the coronavirus global pandemic and/or the government’s stay at home order
Property policies may apply if the coronavirus constitutes physical harm, damage or loss to property
Employers-practices liability policies may provide coverage for claims resulting from layoffs or furloughs
Directors and Officers policies may provide coverage for claims regarding alleged mismanagement related to the coronavirus pandemic
Review all policies that may apply and immediately notify carrier of potential claims
Collect and maintain documents evidencing financial loss and costs incurred to address and respond to the pandemic
Work closely with broker to review any new policy language for 2020/21 renewals, as additional exclusions may be added as a result of COVID-19 pandemic
GUIDANCE AND OTHER INFORMATION
LOCAL RESOURCES
Disclaimer: The above is provided for general information only and should not be relied on as legal advice