Notably, PPP Flex grants borrowers additional time to incur costs that count towards PPP loan forgiveness, reduces the portion of cost that must be allocated to payroll cost, and provides additional exemption from the Coronavirus Aid Relief, and Economic Security Act (the CARES Act”), the legislation that authorized PPP.

The CARES Act provides that some or all of the borrower’s PPP loan maybe forgiven based on the cost and payments made during what is called the “Cover Period.” The Cover Period begins when the PPP loan is disbursed or, if the borrower elects, from the start of the first regular payroll after the PPP loan is first disbursed. The Cover Period was originally set to be eight (8) weeks; however, under the PPP Flex, the Cover Period may be extended to the earlier of twenty-four (24) weeks after the loan origination or December 31, 2020. Nothing precludes an existing PPP loan borrower from using the original 8-week Cover Period. Under PPP Flex, the percentage that the borrower must use for payroll costs to be eligible for forgiveness was reduced. With the SBA’s final interim rule setting the percentage at 75%, legislators have reduced the amount to 60%, such that now 40% of the loan may be used (during the Cover Period) for certain permitted non-payroll costs such as mortgage interest, rent and utilities. PPP Flex also extends the original 6-month deferral period to up to 10 months after the applicable Covered Period, and extends the maturity date of unforgiven portions of the loans to five (5) years from the date of the forgiveness application.

Jacklyn Fetbroyt is a founding member of Kang Haggerty LLC and is currently a committeeperson of the Voorhees Township Committee. Among other things, Jackie focuses on counseling companies and business owners through all stages of their ventures from conception to dissolution, assisting her business clients in all of their needs for maintenance and growth. On Township Committee, Jackie strives to be a resource to and ears of the residents in her hometown. 

In this ever-changing landscape of information and legislation, please be aware that the information contained in this blog post may no longer be relevant or applicable. The content of this post is for informational purposes only and should not be construed as legal advice or legal opinion. 

In a changing COVID-19 world filled with new regulations, adjustments, and uncertainty, Kang Haggerty provides services to help our clients avoid litigation or to obtain favorable outcomes in litigation. Some COVID-19 services offered by Kang Haggerty that will help you address COVID-19-related issues include:

• Covid-19 Whistleblower, Qui Tam and False Claims Actions regarding recoupment of misappropriates government funds
• Contracting Disputes Resulting from Non-performance due to COVID-19 and the Invocation of Force Majeure
• Business Disruption or Business Loss Claims due to COVID-19
• Insurance Litigation and Recovery
• Insurance Bad Faith Claims for Refusal to Pay for COVID-19 Losses
• Legal Issues Involving Supply Chain & Distribution
• Compliance with Pennsylvania’s Guidance for Construction Industry Businesses Permitted to Operate During the COVID-19 Disaster Emergency
• Compliance with the City of Philadelphia’s Guidance for Construction Industry Businesses Permitted to Operate During the COVID-19 Disaster Emergency
• Employer liability for Employee Exposure to COVID-19
• Compliance with HIPAA regarding Privacy Standards and Security Measures for Protected Health Information and electronically stored Protected Health Information

Kang Haggerty can provide consultations and analyses on any of the above matters and more, specific to your needs and considerations. COVID-19 presents a series of unique and circumstances in a landscape that is ever-changing. Consult one of our attorneys today to learn the most up-to-date insight on COVID-19 issues impacting you.

Additionally, our business clients can take steps today to prepare for reopening in a COVID-19 world and reducing their liability and the likelihood of being sued successfully:

1. Have a justification for the actions you take
2. Thoroughly document your actions
3. Encourage remote work be confined to company-issued devices and programs
4. Assess your document retention policies
5. Evaluate your regulatory compliance and potential exposure
6. Search for small problems that may become big problems over time
7. Be wary of wrongful conduct and avoid engaging in questionable conduct
8. Touch base with your clients and vendors to keep your rapport strong
9. Determine whether changes or concessions are needed in your contract
10. Consider the future and how your business may grow to take advantage of opportunities presented

Now is the time to take steps to insulate you and your business from liability. Contact us today to determine what steps you should take to protect yourself and your business.

Based on evidence that COVID-19 reached its maximum impact on the healthcare system in the middle of April, the Order permits the resumption of elective procedures based on the reduction in the burden on the health care systems from COVID-19. As such, under EO-145, beginning at 5:00 a.m. on Tuesday May 26, 2020, the suspension on elective surgeries and invasive procedures under EO-109 is rescinded and elective surgeries and invasive procedures, as defined by EO-109, may proceed at healthcare facilities, provided they follow policies issued by the Department of Health (DOH) in consultation with the Division of Consumer Affairs (DCA).

GUIDANCE POLICIES

On May 19, 2020, DOH issued two guidance documents: one for hospitals and one for ambulatory surgery centers. The documents were substantially similar in addressing the precautions and limitations regarding resuming elective surgeries and invasive procedures. These facilities must, among other things, implement all the State and CDC guidelines for limiting COVID-19 exposure, frequently screen staff for COVID-19 related symptoms, require employees and patients to wear masks, maintain social distancing when feasible, distinguish separate areas for COVID-19 patients and non-COVID-19 patients, and implement a frequent cleaning and disinfecting.

Notably, the facilities must also must be prepared for another surge of COVID-19 cases and create plans that include a review of capacity data, prioritization policy for providing care and scheduling for the again-permissible procedures, training for use and sufficient supply (for the protection of both healthcare workers and patients) of PPE, collection of COVID-19 related data, and no/limited visitation policies. Ambulatory surgery centers are also required to have a transfer agreement in place with an acute healthcare facility to prepare for a potential second wave of COVID-19 infections and are not permitted to perform procedures are COVID-19 positive patients. The DOH guidance can be found here.

The DCA also issued policy guidance regarding the resumption of elective procedures in any outpatient setting, which stated that – to the extent possible – healthcare professionals should limit person-to-person contact in the office, including by continuing to utilize telemedicine. Practitioners must also facilitate social distancing, adopt enhanced office cleaning and disinfection practices, establish rigorous protections for staff, and stay informed about new developments and guidance related to COVID-19. Additional safeguards apply to healthcare professionals providing care that involves direct contact with a patient’s face, eyes, or mouth, or present a high risk of aerosolization, including dentists, oral surgeons, pulmonologists, otolaryngologists and eye care professionals. The DCA’s Administrative Order can be found here.

Jacklyn Fetbroyt is a founding member of Kang Haggerty LLC and is currently a committeeperson of the Voorhees Township Committee and a board member for Doctors Advisory Alliance. Among other things, Jackie focuses on counseling companies and business owners through all stages of their ventures from conception to dissolution, assisting her business clients in all of their needs for maintenance and growth. On Township Committee, Jackie strives to be a resource to and ears of the residents in her hometown. 

DAA Guide to Getting Back is a free webinar series by the Doctors Advisory Alliance. Learn more here.

In this ever-changing landscape of information and legislation, please be aware that the information contained in this blog post may no longer be relevant or applicable. The content of this post is for informational purposes only and should not be construed as legal advice or legal opinion.

On May 13, 2020 Governor Murphy issued Executive Order 142, permitting the resumption of non-essential construction, curbside pickup at non-essential retail businesses, and car gatherings for the purpose of drive-through and drive-in events. The construction and non-essential retail provisions will take effect at 6:00 a.m. on Monday, May 18th, while the car gatherings provision will take effect immediately. EO142 reduces and supersedes some of the restrictions that were previously in under Executive Order 107 and 122.

Resumption Non-Essential Construction

The Order permits non-essential construction projects to resume effective at 6:00 a.m. on May 18, 2020. All construction projects must abide by the social distancing, safety, and sanitization requirements such as:
• requiring workers and visitors to wear facial coverings (the employer must provide to workers) and gloves,
• limiting the worksite meetings to groups of 10 individuals or less,
• staggering work times,
• setting infection control policies,
• addressing high-risk areas (e.g., breakrooms and elevators),
• having workers maintain six-feet apart when possible,
• frequently sanitizing common areas, and
• allowing frequent break times so workers can wash their hands.

The New Social: Car Gatherings

The Order states that car gatherings do not violate the Governor’s ban on gatherings under Executive Order No. 107. Examples of such car gatherings include but are not limited to drive-in movies, religious services, or drive-through farms or safaris. Car gatherings will be subject to the restrictions described in EO142, such as attendees participating must arrive and remain in their vehicles, the vehicle must remain closed the entire time unless they are at least six feet apart, individuals who are organizing the event may exit their vehicles but must wear a facial covering at all times and maintain social distancing, and there must be a form of contactless payment for these gatherings. Gatherings following these policies will not violate Executive Order 107.
Also note that gatherings that do not adhere to the strictures of EO142 that are less than 10 people are in compliance with EO107, but more than 10 people will be considered in violation of that order.

The New Shopper: Non-Essential Retail

Non-essential retail businesses are permitted, as of May 18th in the morning, to reopen to the public for “curbside-pick-up” only, provided they adhere to the minimum policies described in the order, such as enforcing infection control practices, providing employees with facial coverings, limiting in-store operations to those employees who are responsible for curbside pickup, transactions (including notification of “ready time”) shall be handled in advance to avoid person-to-person contact.
EO142 stresses the continued need to keep measures in place to reduce new COVID-19 infections, particularly until increased metrics relating to expanded testing and use of contact tracing have been satisfied. The Governor, however, has determined that the decrease in the rate of reported new cases coupled with the reduced risk by adhering to the requirements in the order in these particularly areas, permits the safe re-opening of construction projects, curbside retail, and vehicular gatherings.

Jacklyn Fetbroyt is a founding member of Kang Haggerty LLC and is currently a committeeperson of the Voorhees Township Committee. Among other things, Jackie focuses on counseling companies and business owners through all stages of their ventures from conception to dissolution, assisting her business clients in all of their needs for maintenance and growth. On Township Committee, Jackie strives to be a resource to and ears of the residents in her hometown. 

In this ever-changing landscape of information and legislation, please be aware that the information contained in this blog post may no longer be relevant or applicable. The content of this post is for informational purposes only and should not be construed as legal advice or legal opinion. 

• Review PTO policies and consider whether a separate policy for pandemic related leaves of absence is appropriate;
• Consider policies for confirmed or suspected exposure to COVID-19;
• Update travel policies;
• Update protocol for remote work, including
  • how to handle requests to work from home,
  • revising reimbursement policies to address telework expenses and the cost of any newly mandated policies,
  • verification and accurate recording of work and time during remote working, and
  • rules on taking equipment or files (especially if confidential) to remote locations (and, if permitted, rules for their return);
• Updating cyber security and IT issues and policies relating to both business in the office, on home computers, and other (mobile) devices;
• Develop a policy regarding face coverings or masks that is consistent with your industry and your jurisdictional requirements (and, multi-jurisdictional requirements, if applicable);
• Consider implementing an infectious disease control policy;
• Determine compliance of policies and operations with new laws and regulations governing your business.

Before re-opening your business is a good time to re-visit (or consider) these policies.  Managers should also be aware of administrative controls – whether effectuated by (updated) policy or otherwise – and understand how to implement them. For example, if your business will implement physical social distancing guidelines or alternating shifts, management must understand how to implement these new procedures.  Offering training, including areas in which management is likely inexperienced or uncomfortable, should also be considered: for instance, management should be prepared to remind sick workers to stay home, organize onsite work to provide for social distancing, provide workers with education on COVID-19 risk factors and protective behavior consistent with your policy and generally relating to etiquette, and training on protective gear if applicable.

A lesson that recent history has instilled is that preparedness is key. Working through policies, training and procedures now – before your re-open – will allow you a smoother transition back to business (as usual?).

Jacklyn Fetbroyt is a founding member of Kang Haggerty LLC and is currently a committeeperson of the Voorhees Township Committee. Among other things, Jackie focuses on counseling companies and business owners through all stages of their ventures from conception to dissolution, assisting her business clients in all of their needs for maintenance and growth. On Township Committee, Jackie strives to be a resource to and ears of the residents in her hometown. 

In this ever-changing landscape of information and legislation, please be aware that the information contained in this blog post may no longer be relevant or applicable. The content of this post is for informational purposes only and should not be construed as legal advice or legal opinion. 

Pursuant to EO138, all previously entered Executive Orders relating to the pandemic remain “in full force and effect” including non-essential business closures of brick & mortar locations, remote work when possible, closures of non-essential construction projects, and aggressive social distancing measures.

The recitals of EO138 provide that, although New Jersey’s social distancing measures have helped to slow the increase of COVID-19 cases and deaths in the State, the total number of cases and deaths in New Jersey has continued to rise and would rise at an even more precipitous rate absent these important measures.

The guidance, developed with the assistance of the General Contractors Association of Pennsylvania, includes an array of distancing and cleaning mandates such as:

• Require social distancing (6-feet minimum distance between workers) unless the safety of the public or workers require deviation (e.g. drywalling, team lifting).

As such, under EO128, residential tenants can request – in writing, including electronically – that  their security deposit (and any interest earned to the tenant’s benefit) be applied to or credit towards rent payments that are due or will be due during the Public Health Emergency and up to 60 days after the termination of the Public Health Emergency. If a tenant chooses to apply his security deposit, then for the duration of the tenant’s current lease, the landlord may recoup from the tenant any monies the landlord expended that would have been reimbursable by the security deposit. The tenant will have no obligation to make any further security deposits relating to the current lease agreement, but must replenish the security deposit upon any renewal or extension of the lease on the later of the date that is (1) six months after the end of the Emergency, and (2) the renewal or extension of the lease.

EO128 provides that penalties for non-compliance may be imposed.

Jacklyn Fetbroyt is a founding member of Kang Haggerty LLC and is currently a committeeperson of the Voorhees Township Committee. Among other things, Jackie focuses on counseling companies and business owners through all stages of their ventures from conception to dissolution, assisting her business clients in all of their needs for maintenance and growth. On Township Committee, Jackie strives to be a resource to and ears of the residents in her hometown. 

In this ever-changing landscape of information and legislation, please be aware that the information contained in this blog post may no longer be relevant or applicable. The content of this post is for informational purposes only and should not be construed as legal advice or legal opinion. 

Corporations are permitted to adjourn their physical meetings or move to a remote format, provided that certain steps are taken if the date and/or “location” (yes, virtual) are being changed.  Pursuant to § 232 of Title 8 of the Delaware Code, notice of stockholder meetings is usually given through mail, courier service, or email – but the Securities and Exchange Commission is currently allowing companies to provide certain notices via required public filings and press releases. Consequently, to effectuate the change of an annual meeting to a remote format, Delaware corporations should file this notice with the SEC and issue a press release on their websites immediately afterwards.

Although Delaware law already does generally provide that corporations are allowed to hold stockholder meetings remotely, these provisions (e.g. the board of directors has the discretion to decide upon a remote meeting) must be in the corporation’s organizational documents. Consequently, the Tenth Amendment contains crucial provisions for those corporations whose organizational documents may not have been as explicit on these issues. The other provisions of 8 Del. C. § 211, such as the “reasonable measures” to verify the presence and participation of stockholders/proxyholders, as well as record-keeping, have not been changed by the Tenth Amendment.