COVID-19: Business and Legal Issues to Consider

Businesses are facing a diverse set of legal and business-critical challenges by the outbreak of the Coronavirus Disease (COVID-19). Attorneys at Cummings, McClorey, Davis & Acho, P.L.C. are closely monitoring the potential ramifications of the outbreak and are actively advising clients in planning through this fluid time and uncertain future to better position their business for success. Some legal, strategic, and practical considerations employers need to consider include:

• Wage and hour law compliance, including remote work requirements and potential shutdowns or furloughs designed to protect the health and safety of the workforce
• Availability of business interruption, property and casualty, workers’ compensation and other forms of insurance
• Options for relief, including temporary layoffs and other operational changes to businesses as a result of the outbreak
• Sick leave and other leaves of absence, including when/how employers must provide sick leave or other statutory leaves of absence for employees affected by coronavirus
• Employee privacy, including when an employer can request health-related information from employees and when/how an employer can communicate with employees about a diagnosed case in the workplace
• Potential employer liability to employees who become infected by COVID-19 at work
• Implementing/revise business continuity, succession and other relevant policies and plans
• Create communicable illness response plans for employees and workspaces
• Project the financial impact of COVID-19 on businesses, including adjusting operating budgets and capital expenditures to manage liquidity and capital resources
• Evaluate the legal requirements and policies on the business’ tax residency and permanent establishment, and insurance/social security position
• Compliance with credit facilities and other financial instruments, including negotiating any necessary waivers or other changes

CMDA is committed to the communities in which we live and work, and the safety and well-being of our clients and people is of the utmost importance. Please accept our best wishes for the safety and health of you and your employees. Contact our Firm at (734) 261-2400  should you have any questions or require legal advice on any issue.