Governor DeWine signed an executive order on June 16, 2020 that provides exceptions to the general rule that employees may not refuse to return to the workplace following a COVID-19 pandemic layoff or work-at-home situation. Employees with “good cause” may remain at home and refuse to work and still receive unemployment benefits. Good cause includes:
OSHA released a guide to nonessential businesses on safely returning to work during the COVID-19 pandemic. Businesses should review this guidance, keeping in mind that businesses have a duty under OSHA’s general duty clause to keep employee’s safe. Following this guidance could operate as a defense to an employee safety complaint related to COVID-19 protections.
Don’ts:
Some businesses are considering limiting their liability from COVID-19 infections in their facilities and workplaces through liability waivers for employees, guests, and other visitors. Are they a good idea? Probably not. Here’s why.
Employee waivers
Employer return-to-work COVID-19 waivers are problematic for a variety of reasons, most notably, the fact that they are likely an
Governor DeWine expanded Ohio’s responsible restart program and added several categories of businesses to the list of businesses that may reopen beginning June 10th:
UPDATED 6/17/20 with SBA interim guidance and new application
Businesses that took PPP loans now have more flexibility to spend the money than the original CARES Act and the IRS and SBA regulations permitted. More information and regulations on this new expansion should be forthcoming. The law is the Paycheck Protection Program Flexibility Act of
The CDC issued updated guidance for employers, including a user-friendly checklist for employers to prepare workplaces for return to work. Among the recommendations:
OUTDATED: Congress passed the Flexibility Act that changed many of the rules below. See this post.
The SBA issued new rules for PPP loans–most of which I already gleaned from the PPP loan forgiveness application form in my post on May 19th. Congress also is considering various proposals that would loosen many
Without advance notice or request for comment, OSHA issued a revised enforcement memo stating that it will enforce record keeping requirements as they apply to confirmed, work-related COVID-19 illness.
A COVID-19 case must be recorded on the OSHA 300 log if:
OUTDATED: Congress passed the Flexibility Act that changed many of the rules below. See this post.
On May 15, 2020, the SBA released the Paycheck Protection Program (PPP) loan forgiveness application form, available here. Borrowers should use this form upon completion of the eight-week period covered by the loan forgiveness.
Some previously