3/23/20
By: Andrew Kim In response to COVID-19, on March 16, 2020, the Georgia Department of Labor adopted emergency rules making it a requirement for employers affected by COVID-19 to file partial unemployment claims on behalf of their employees. Barring subsequent action from the Georgia Department of Labor, these emergency rules will remain in effect for…
3/20/20
By: Kristin Ingulsrud California Insurance Code section 10112.95(a) provides that insureds displaced by a declared state of emergency shall have access to medically necessary health care services. In light of Governor Gavin Newsom’s state of emergency proclamation and the continued escalation of the COVID-19 outbreak, California’s Department of Insurance (DOI) issued its “COVID-19 State of…
3/20/20
By: Zach Moura California Insurance Commissioner Ricardo Lara issued three notices to insurers on March 18, 2020 related to the novel coronavirus disease (COVID-19), all aimed at ameliorating the pandemic’s impact on the both insurers and insureds. The first notice is addressed to all insurance companies and other licensees. The Commissioner recognizes that the COVID-19…
HHS Waives Some HIPAA Sanctions During the Coronavirus Pandemic
3/20/20
By: David Cole The HHS Office for Civil Rights (OCR) issued two important bulletins this week in response to the coronavirus pandemic. Each one announced that OCR will temporarily waive certain sanctions and penalties for noncompliance with HIPAA Rules to help deliver care to people in need. Limited Waiver for Privacy Rule Requirements First, OCR issued…
U.S. Department of Labor Issues COVID-19 Guidance on FLSA and FMLA
3/20/20
By: Catherine Scott As the federal government continues to grapple with questions from employers regarding COVID-19, the federal agencies have begun to roll out new guidance. The latest comes from the U.S. Department of Labor (DOL), which has issued guidance for employers seeking answers concerning their obligations pursuant to the Fair Labor Standards Act (FLSA)…
3/19/20
By: Tia J. Combs Many schools across the county have closed or are operating virtually due to the COVID-19 outbreak. On March 12, 2020, the US Department of Education released two documents with new guidance for schools and educators faced these unprecedented problems. First, the Student Privacy Policy Office released its FERPA & Coronavirus Disease…
Coronavirus Lawsuit Seeking Coverage is Filed in Louisiana
3/18/20
By: Philip W. Savrin and Erin Lamb The first in what is bound to be a virtual tsunami of coverage lawsuits arising from the spread of the Coronavirus was filed in New Orleans this week by a restaurant in the famed French Quarter. In its complaint, Oceana Grill seeks a declaration that the government’s orders…
State and Federal Motor Vehicle Exemptions related to COVID-19
3/18/20
By: Josh Ferguson The Federal Motor Carrier Safety Administration (FMCSA) issued a national emergency declaration and in doing so provided a limited exemption from driver safety regulatory requirements. The exemption applies “for motor carriers and drivers engaged in the transport of essential supplies, equipment and persons” that provide “direct assistance in support of relief efforts…
3/16/20
By: Erin Lamb and Marc Shrake Both New Jersey and New York have taken steps toward attempting to force coverage of business losses related to COVID-19. In New Jersey, Assembly Majority Leader Louis Greenwald and Assemblyman Roy Reiman have introduced Assembly Bill 3844. As written, the bill would force insurers to provide coverage for claimed…
COVID-19: What Medical Inquiries Can Employers Make?
3/16/20
By: Jennifer Markowski Last week, Brad Adler, addressed FAQ’s (and Answers) for Employers Dealing with the Coronavirus, COVID-19. Subsequent to that article, on March 11, 2020, the World Health Organization (“WHO”) declared COVID-19 a pandemic. Consequently, employers should follow the Equal Employment Opportunity Commission’s (“EEOC”) pandemic guidance “Pandemic Preparedness in the Workplace and the ADA,”…