COVID-19 Affecting Nursing Homes

U.S. nursing homes would benefit from a less punitive approach to performance improvement, according to Doctors Without Borders, the international medical humanitarian organization that has been assisting U.S. nursing homes with their response to COVID-19. The organization recently conducted in-person infection prevention and control trainings and provided technical support and wellness sessions to staff and residents in over 50 Michigan nursing homes and adult care facilities, and now is doing the same in Texas.

To read the rest of this post by Duane Morris attorney Susan Kayser, please visit the Duane Morris Health Law Blog.

Third Circuit Stays Federal Court’s Decision Striking Down Pennsylvania Governor’s COVID-19 Emergency Orders as Unconstitutional

Pennsylvania Governor Tom Wolf’s COVID-19 pandemic emergency orders shall remain in effect, says the Third Circuit. The federal appellate court stayed the lower court decision striking down several portions of the Governor’s orders as unconstitutional.

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

USDOL Amends Temporary Regulations; Healthcare Employers Who Have Excluded Employees from COVID-related Leave Benefits under FFCRA Must Reconsider

The United States Department of Labor’s (DOL) initial temporary regulations that interpreted and implemented the Families First Coronavirus Response Act (FFCRA) permitted employers to elect to exclude healthcare provider employees from eligibility for the COVID-related leave benefits made available under FFCRA. The initial DOL regulations provided a broad definition of healthcare provider, allowing most employees working for a healthcare provider employer to be excluded from FFCRA leave benefits, including Paid Sick Leave (PSL) and Extended Family and Medical Leave (EFMLA). After a federal district court decision struck down parts of the DOL’s prior final rule, the DOL now has issued revised regulations, which became effective on September 16, 2020, and expire along with the FFCRA on December 31, 2020.

To read the full text of this post by Duane Morris attorneys Jennifer Long and Nicholas J. Lynn, please visit the Duane Morris Health Law Blog.

New Jersey: Expansion and Reopening of Small Landlord Emergency Grant Program

On September 29, 2020, the New Jersey Housing Mortgage and Finance Agency (NJHMFA) announced the expansion and reopening of its Small Landlord Emergency Grant (SLEG) Program to assist vulnerable renters across New Jersey by covering their missed rent from April through July 2020.

The program will reopen Monday, September 28th, at noon and will run until Tuesday, October 13th at 4:00 p.m.

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

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.

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The opinions expressed on this blog are those of the author and are not to be construed as legal advice.

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