All posts by DuaneMorris3

Court Rules Telephonic Annual Meeting Appropriate During COVID-19 Pandemic Under New York Not-for-Profit Corporation Law

The New York Supreme Court recently ruled that under the COVID-19 emergency amendments to the New York Not-for-Profit Corporation Law (N-PCL), a homeowners’ association board of directors’ decision to not hold an in-person annual meeting, but instead use measures including a telephonic meeting, mail-in voting for the election of new directors and pre-meeting submission of proposed business, complied with HOA bylaws and the N-PCL.

To read the full text of this Duane Morris Alert, please visit the firm website.

Federal District Court Strikes Down Pennsylvania Governor’s COVID-19 Emergency Orders as Unconstitutional

On September 14, 2020, a federal court in Pennsylvania ruled that Governor Tom Wolf’s emergency orders relating to the COVID-19 pandemic are unconstitutional under the First and Fourteenth Amendments. Plaintiffs—a group of counties, elected public officials and businesses—challenged several of the governor’s COVID-19 orders requiring numeric limitations on gatherings of individuals, closures of nonlife-sustaining businesses and directing Pennsylvanians to stay at home. Judge William S. Stickman IV of the United States District Court for the Western District of Pennsylvania ruled in the plaintiffs’ favor, declaring that portions of the challenged orders violate the United States Constitution.

To read the full text of this Duane Morris Alert, please visit the firm website.

Department of Labor’s Temporary Rule Revises FFCRA Regulations in Response to Federal Court Decision

On September 11, 2020, the United States Department of Labor (DOL) issued revised regulations for the Families First Coronavirus Response Act (FFCRA) after a New York federal district court decision struck down parts of the DOL’s prior final rule interpreting and implementing the FFCRA. The revised regulations became effective on September 16, 2020, and expire along with the FFCRA on December 31, 2020.

To read the full text of this Duane Morris Alert, please visit the firm website.

Philadelphia to Expand Emergency Sick Leave Benefits to More Workers

On September 10, 2020, the Philadelphia City Council voted 16-1 in favor of a bill that expands paid sick leave benefits to Philadelphia workers who are not covered by federal sick leave laws, such as the Families First Coronavirus Response Act (FFCRA). The bill will broaden the scope of Philadelphia’s Promoting Healthy Families and Workplaces sick leave law by providing paid “public health emergency leave” to more people who work within the geographic boundaries of the city, including individuals workings for companies with 500 or more employees, independent contractors and “gig economy” workers. Mayor Jim Kenney’s administration has indicated he supports the bill, and thus we expect he will sign it.

To read the full text of this Duane Morris Alert, please visit the firm website.

California’s Large Employers Are on the Hook for Supplemental Paid Sick Leave

Employers with workers in California, take note. A new supplemental paid sick leave law related to COVID-19 takes effect this month. On September 9, 2020, California Governor Gavin Newsom signed AB 1867 (now known as Labor Code section 248 and 248.1) into law. Beginning September 19, 2020, all employers with more than 500 employees or who are otherwise exempt from the requirement to provide paid leave under the Families First Coronavirus Recovery Act (FFCRA) are now required to provide up to 80 hours of supplemental paid sick leave to employees for COVID-related reasons.

To read the full text of this Duane Morris Alert, please visit the firm website.

IRS Adds Additional Forms That Can Be Signed Electronically Related to the Pandemic

On August 28, the IRS announced that it would temporarily allow the use of digital signatures on certain forms that cannot be filed electronically. As of September 11, 2020, they added several more forms to that list.

To read the full text of this post by Duane Morris partner Brad Molotsky, please visit the Duane Morris Project Development/Infrastructure/P3 Blog.

No More Than 10 Can Attend: Texas Executive Order Effectively Halts Public Foreclosure Sales

There is no question that the COVID-19 pandemic has prompted a swift and large-scale shift in the way real property transactions take place from “business as usual” to a state of limbo in most of the 50 states. In Texas, commercial real estate lenders and creditors have recently found themselves to be no exception when it comes to carrying out foreclosure sales. Executive Order GA-28 is changing, if not outright preventing, a valid foreclosure sale from taking place in Texas—at least for the time being.

To read the full text of this Duane Morris Alert, please visit the firm website.

California Announces New “Blueprint For A Safer Economy” That Includes Significant Changes to Reopening Guidance

By Brooke Tabshouri

After being the first state to shut down its whole economy in mid-March response to the COVID-19 crisis, California began reopening in May.  After attempting to do so on a statewide basis, reopening was primarily driven at the county level, with some counties permitted to reopen various parts of the economy before others.  The state then experienced a huge surge of cases shortly thereafter, leading to a reimposition of many restrictions, particularly with regard to bars and restaurants and indoor operations across a number of industries.  It created a monitoring list that tracked six key factors regarding reopening, including positive test rates, hospital and ICU capacity, number of available ventilators and personal protective equipment available for hospitals, and cases per 100,000 people.

To allow a continued reopening without an accompanying surge in cases, effective August 31, 2020, California has a new, phased reopening that applies statewide called the Blueprint for a Safer Economy. Continue reading California Announces New “Blueprint For A Safer Economy” That Includes Significant Changes to Reopening Guidance

Small Business Administration Releases New Interim Final Rule on Paycheck Protection Program Loan Forgiveness

On August 24, 2020, the Treasury Department and Small Business Administration (SBA) released a new interim final rule on certain aspects of the loan forgiveness process for Paycheck Protection Program (PPP) loans.

To read the full text of this Duane Morris Alert, please visit the firm website.