COVID-19 Issues for Unionized Employers

The COVID-19 pandemic has caused unprecedented disruption for U.S. businesses of every size and in every industry. As state and local governments have ordered companies to cease nonessential operations and directed consumers to quarantine, isolate or otherwise “shelter in place,” the very survival of many of today’s businesses depends on their abilities to develop new operational and business strategies for addressing changing consumer needs, altered distribution channels and a depressed economic market.

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Pennsylvania Grants Waivers Allowing Non-‘Life-Sustaining’ Businesses to Resume Operations

On March 19, 2020, Governor Tom Wolf ordered all Pennsylvania businesses that are not considered “life-sustaining” to shut down their physical operations by March 21 at 12:01 a.m., which was later amended to March 23, 2020 at 8 a.m. Governor Wolf’s order will remain in effect until further notice. Although there are several industries that are listed as non-life sustaining, the Pennsylvania Department of Community and Economic Development (DCED), has granted several waivers permitting specific businesses in industries that are not life sustaining to continue operating. For example, although construction companies generally must cease construction, they are permitted to construct health care facilities and conduct emergency repairs.

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COVID-19 State and Local Employment Law Developments

As COVID-19 cases have swept across the country, state and local governments have reacted by issuing various orders and guidance affecting employers and their employees. Although it is not possible to discuss all related state and local developments that have occurred, this update provides a brief overview of some of these developments to help you maintain compliance for your organization.

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Pennsylvania to Establish Small Business Loan Program for Businesses Impacted by COVID-19

On March 25, 2020, Governor Tom Wolf announced a $60 million COVID-19 Working Capital Access Program (CWCA), administered by the Pennsylvania Industrial Development Authority (PIDA), to provide loans of up to $100,000 for small businesses within the Commonwealth adversely impacted by the COVID-19 epidemic.

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Governor Wolf Issues “Stay at Home” Order for Certain Pennsylvania Counties

Updates:

  • 3/27/2020: Governor Wolf has amended his order to include residents of Berks, Butler, Lackawanna, Lancaster, Luzerne, Pike, Wayne, Westmoreland, and York Counties. The amended order is available here.
  • 3/25/2020: Governor Wolf has amended his order to include residents of Northampton and Lehigh Counties. The amended order is available here.
  • 3/24/2020: Governor Wolf has amended his order to include residents of Erie County, in addition to the seven counties previously impacted. The amended order is available here.

Original Post:

Effective Monday, March 23, 2020 at 8:00 p.m., residents in Philadelphia, Allegheny, Bucks, Chester, Delaware, Monroe, and Montgomery counties are required “to stay at home except as needed to access, support or provide life-sustaining business, emergency or government services.”  Residents are permitted to “engage in outdoor activities,” but gatherings are prohibited, and anyone leaving home must practice social distancing and other mitigation efforts.

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COVID-19: Considerations for Employee Testing

The COVID-19 pandemic presents unprecedented challenges for any employer seeking to provide a healthy working environment. To help mitigate some of the uncertainty, on March 18, 2020, the EEOC issued updated guidance for employers considering screening and testing protocols for employees and job applicants. These efforts, along with a growing patchwork of state and local laws, are intended to slow the spread of infections.

For the full alert, please visit the Faegre Drinker website.

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