Below please find League Business Leaders Network member Saul Ewing Arnstein & Lehr’s COVID-19 weekly digest, which includes their analysis of the most current legal developments related to this pandemic. For a full range of tools, news and information related to COVID-19, please visit their Resource Center.
Implementation of Section 3610 of the CARES Act – Reimbursement for Private Employees Who Possess Security Clearances but Cannot Work
Section 3610 of the CARES Act authorizes Federal agencies to reimburse Federal contractors (and subcontractors) for paid leave to maintain a ready workforce. This authority applies to contractors and subcontractors who, because of the nature of their job responsibilities, cannot work off-site, and cannot perform work on-site due to closures. These are individuals who possess security clearances and must access classified information to perform their work.
Industry and State Specific Guidance
- Illinois Health Care Providers Granted Immunity From Civil Liability for Injury or Death in COVID-19 Related Care
Illinois / Health Care
Illinois health care facilities, health care providers and health care volunteers providing care at health care facilities, have been granted immunity from civil liability for any injury or death related to any act or omission which occurred in providing care in response to the COVID-19 outbreak in the absence of gross negligence or willful misconduct.
- Highlights From the CDC Guidance for U.S. Ambulatory Care Settings During COVID-19
On April 7, 2020, the Centers for Disease Control and Prevention issued new guidance for outpatient and ambulatory care. While you should read the full guidance, Outpatient and Ambulatory Care Settings: Responding to Community Transmission of COVID-19 in the United States, some of the highlights are included here.
- New Jersey Issues Executive Order Tightening Restrictions and Procedures for Employers
On April 8th, New Jersey continued issuing executive orders to address the COVID-19 pandemic. Since New Jersey declared both a Public Health Emergency and a State of Emergency on March 9th, it has issued a series of executive orders affecting all facets of life in New Jersey, some of which impose significant restrictions on what businesses can continue to operate and how. Executive Order 122, expands on the restrictions for businesses set forth in Executive Order 107. It mandates businesses that are permitted to continue operations must adopt specific protections for workers and customers, including in some instances providing face coverings and gloves to workers.
- COVID-19 New Jersey and Pennsylvania Health Care Updates
New Jersey / Pennsylvania / Health Care
While we would normally be fixated on April 15th being “tax day”, the COVID-19 pandemic is appropriately the focus of all our collective energies and appreciation for the health care providers who are treating those who become ill. In recent days, New Jersey enacted a law providing legal immunity for providers involved in treating COVID-19 patients, and Pennsylvania created an emergency loan program for its hospitals to help ease cash flow issues.
- Manufacturing and Distributing Personal Protective Equipment in Response to COVID-19: What Higher Education Institutions Need to Know
In response to widespread shortages of protective masks, face shields and other medical devices and device components (e.g., ventilators and ventilator parts) in light of COVID-19, some colleges and universities with the engineering and technological capacity are beginning to take advantage of 3D printing and other specialized equipment on campus to manufacture and distribute these products. Although liability concerns have not and should not take precedence, when time permits it is still important to consider the regulatory regimes that govern the manufacturing, distribution and marketing of protective equipment and medical devices that could apply to them as well as the risk of potential future product liability claims that go hand-in-hand with such “Good Samaritan” efforts.
- Remediation of Contaminated Sites in NJ During COVID–19 Pandemic: Executive Orders and Rule Proposals
New Jersey / Environmental
New Jersey Governor Murphy recently signed Executive Order No. 122 (E.O. 122) directing, among other things, that all non-essential construction activity in the Garden State cease until further notice by 8:00 PM on April 10, 2020. The Executive Order expressly excepted certain types of “essential construction projects” from this directive, which are allowed to proceed (with various specified protective measures in place).
- Essential New York and Maryland Employers Must Provide Protective Face Coverings Amid COVID-19 Emergency
New York / Maryland / Labor and Employment
The list of Executive Orders issued in response to the COVID-19 pandemic affecting New York employers continues to grow. On April 12 Governor Cuomo signed Executive Order No. 202.16 directing that face coverings be worn in the workplace. The Order went into effect Wednesday, April 15th at 8 p.m. Maryland Governor Larry Hogan followed suit and announced a similar Executive Order affecting businesses in Maryland, to go into effect at 7 a.m. on Saturday, April 18.
- EPA Issues Guidance on Site Response Actions During COVID-19 Pandemic
On April 10, 2020, the U.S. Environmental Protection Agency (EPA) released a Memorandum titled “Interim Guidance on Site Field Work Decisions Due to Impacts of COVID-19.” This Interim Guidance follows on the heels of EPA’s recent issuance of a temporary policy memo on COVID-19 implications for EPA’S Enforcement and Compliance Assurance Program.