vorys coronavirus task force
coronavirus task force
Employment Law


IRS Issues Guidance on Required Documentation Necessary to Obtain Tax Credits on Paid Sick Leave and Emergency FMLA Leave Requests
| 4/2/2020

The IRS has released guidance specifying what documentation is needed for employers to receive the tax credits that will fund the paid leave required by the Families First Coronavirus Response Act (FFCRA).   Read more.


The CARES Act Provides a Number of Tax Benefits to Businesses | 3/31/2020

The CARES Act provides for a refundable tax credit available to certain employers for wages paid during periods of partial or complete shutdown, or significant decline in gross receipts, resulting from COVID-19.  Read more.


The CARES Act Impact on Employee Benefit Plans | 3/28/2020

The Coronavirus Aid, Relief, and Economic Security Act (CARES Act) was enacted on March 27, 2020 and contains many provisions that affect employee benefit plans.  Read more.


For Ohio Employers: Ohio Workers' Compensation COVID-19 Update
| 3/25/2020

This alert provides some information related to workers' compensation issues in Ohio amid the COVID-9 pandemic, including information from the Ohio Industrial Commission and the Ohio Bureau of Workers' Compensation. Read more.


U.S. Employment and Immigration Update | 3/20/2020

The U.S. Department of Homeland Security and the U.S. Citizenship and Immigration Services had made three additional announcements related to employment related immigration laws.  Read more.


The Families First Coronavirus Response Act: What Employers Need to Know
| 3/19/2020
On March 18, 2020, the Families First Coronavirus Response Act (FFCRA) was approved by Congress and signed by President Trump. There are a number of provisions in the law that will directly impact many employers.  Read more.

Ohio Expands Access to Unemployment Benefits in COVID-19 Cases
| 3/16/2020

On March 15, 2020, Governor Mike DeWine issued an executive order expanding unemployment benefits for employees whose workplaces are shutdown or who are quarantined as a result of COVID-19.  Read more.


Managing Wage-Hour Issues in the Age of the Coronavirus Pandemic | 3/16/2020

The U.S. Department of Labor (DOL) recently issued guidance on wage-hour concerns under the Fair Labor Standards Act (FLSA) in light of the COVID-19 pandemic. Vorys labor and employment attorneys highlighted the key considerations raised in that guidance in an alert.  Read more.


Ohio Industrial Commission Suspends Workers’ Compensation Hearings, Transitions to Conference Calls
| 3/13/2020

The Ohio Industrial Commission announced today that all workers’ compensation hearings will be suspended from Monday, March 16 to Tuesday, March 17, 2020.  Beginning Wednesday, March 18, the Commission will begin conducting some hearings by telephone.  Read more.


Managing OSHA Issues in the Age of the Coronavirus Pandemic
| 3/13/2020

The Occupational Safety and Health Act covers most private sector employers in addition to some public sector employers.  While employers in certain industries are familiar with their obligations under the Act, the Occupational Safety and Health Administration (OSHA) recently reminded all covered employers of their obligations to provide a safe and healthy workplace in light of COVID-19.  Read more


Managing Disability and Accommodation Issues in the Age of the Coronavirus Pandemic
| 3/12/2020

The last pandemic was the H1N1 outbreak in 2009. At that time, the U.S. Equal Employment Opportunity Commission (EEOC) issued “Pandemic Preparedness in the Workplace and the Americans with Disabilities Act.” The EEOC has directed that its 2009 guidance applies to Coronavirus (COVID-19). Vorys has prepared relevant questions and answers based on that guidance and the fact that COVID-19 is now a pandemic.  Read more.


Certain Colorado Employers Must Provide Emergency Paid Sick Leave | 3/12/2020

On March 11, 2020, the Colorado Department of Labor and Employment issued emergency temporary rules that require certain employers to provide paid sick leave to employees with flu-like symptoms who are being tested for coronavirus (COVID-19).  Read more.


Health Care


HHS Issues Sweeping Relief for Potential Stark Law Concerns in Battling COVID-19 | 4/1/2020

On March 30, 2020, the Secretary of the Department of Health and Human Services issued 18 blanket waivers of sanctions under the physician self-referral law (Stark) to provide vital flexibility for physicians and providers in the fight against COVID-19. Read more.

Ohio Enacts COVID-19 Related Health Care Measures
| 3/31/2020
This Health Care Alert includes a brief overview of the provisions of the recently signed HB 197, Ohio's response to the COVID-19 pandemic, that impact Ohio health care providers. Read more.


The CARES Act Provides Health Care Industry Unprecedented Funding, Regulatory Flexibilities | 3/27/2020
The wide-reaching CARES Act provides significant additional support to the health care industry inundated by the COVID-19 pandemic, primarily in the forms of new funding and regulatory relief. Read more.

Texas Announces Series of Additional Health Care Measures in Response to COVID-19 including Mandatory Reporting by Physicians
| 3/25/2020

The Texas Medical Board has released emergency rules to effectuate Governor Abbott’s Executive Order to expand hospital bed capacity.  Read more.


FCC Allows Certain COVID-19 Related Health Care "Robocalls" | 3/25/2020

The Federal Communications Commission (FCC) issued a declaratory ruling which permits certain health care entities and government officials to communicate information about COVID-19, including any mitigation measures, without first obtaining prior express consent. Read more.


The Impact of Emergency Telehealth Rules on OMHAS Certified Behavioral Healthcare Providers
| 3/23/2020

The emergency rules issued by the Ohio Department of Medicaid for telemedicine impact community behavioral healthcare services provided by Ohio Department of Mental Health and Addiction Services (OMHAS) certified providers.  Read more.


Ohio Releases Emergency Rules Increasing Access to Telehealth
| 3/20/2020

Emergency rules, issued early this afternoon by the Ohio Department of Medicaid, expand and enhance access to telehealth services. Read more.


Ohio Medicaid to Release Emergency Rules to Expand Access to Telehealth
| 3/19/2020

On March 19, 2020, Ohio Governor Mike DeWine announced he will be issuing an executive order authorizing the Department of Medicaid (ODM) to promulgate emergency rules which will expand access to telehealth. Read more.


Congress Enacts “Phase II” Coronavirus Response Legislation Impacting Testing Coverage and Reimbursement | 3/19/2020

The Families First Coronavirus Response Act (FFCRA) expands coverage for and reimbursement of coronavirus testing and related services by state and federal health care programs, private insurers, and self-insured group health plans.  Read more.

Changes Affecting Telehealth Due to COVID-19 Pandemic
| 3/19/2020

In response to the evolving COVID-19 pandemic, the federal government and states have reviewed requirements affecting the ability of health care providers to use and receive reimbursement for the provision of services via telemedicine.  Read more.

Regulators Issue COVID-19 Guidance for Health Care Providers | 3/12/2020

The Vorys health care team is continuously monitoring developments in this area and has prepared the following summary of key resources for health care providers.  This list is not exhaustive and, as the COVID-19 outbreak evolves, updated and additional guidance is being issued by state and federal agencies, as well as private industry leaders and stakeholders.  Read more.

Immigration


I-9 Requirements Relaxed under COVID-19 Outbreak | 3/23/2020
The Department of Homeland Security (DHS) announced that it will exercise discretion to defer the physical presence requirements associated with Employment Eligibility Verification (Form I-9).  Read more.


U.S. Employment and Immigration Update | 3/20/2020

The U.S. Department of Homeland Security and the U.S. Citizenship and Immigration Services had made three additional announcements related to employment related immigration laws.  Read more.

COVID-19 Travel Restrictions to Canada | 3/16/2020

While Canada is currently designated a Level 2 (Practice Enhanced Precautions), certain restrictions are being put into place by the Canadian government regarding international visitors entering Canada, including visitors from the United States.  Read more.

Government Isolation and/or "Shelter in Place" Orders


Harris County, Texas Under “Stay Home, Work Safe” Order | 3/25/2020
On March 24, 2020, County Judge Lina Hidalgo issued a “Stay Home, Work Safe” order for Harris County and the city of Houston.  The Order went into effect at 11:59pm on March 2 and will remain in effect until 11:59pm on April 3.  
Read more.


Overview of Ohio Department of Health “Director’s Stay at Home Order” | 3/23/2020
Ohio's "Stay Home Order" requires all persons in Ohio to stay at their place of residence except when engaged in certain defined “Essential Activities,” “Essential Governmental Functions,” or to participate in “Essential Businesses and Operations."  Read more.


Ohio Department of Health Director Issues "Stay at Home Order" | 3/22/2020
Today, March 22, 2020, Amy Acton, MD, MPH, Director of the Ohio Department of Health (ODH) issued a Director’s "Stay at Home Order." Read more.

DHS Issues Advisory “Memorandum on Identification of Essential Critical Infrastructure Workers During COVID-19 Response” | 3/21/2020

The U.S. Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency (CISA) published a memorandum regarding “essential critical infrastructure workers” Read more.


Taxation


IRS Postpones Due Date for Filing of Gift Tax and Estate and Trust Income Tax Returns and for Payment of Tax | 4/3/2020

The IRS has announced that the due date for filing Form 709, United States Gift (and Generation-Skipping Transfer) Tax Return, and making payments of federal gift and generation-skipping transfer tax is automatically postponed to July 15, 2020.  Read more.


The CARES Act Provides a Number of Tax Benefits to Businesses | 3/31/2020

The CARES Act provides for a refundable tax credit available to certain employers for wages paid during periods of partial or complete shutdown, or significant decline in gross receipts, resulting from COVID-19.  Read more.


The CARES Act Extends Deadline for Payment of 2020 Employer and Self-Employment Social Security Tax
| 3/27/2020

The CARES Act, which was signed into law by President Trump on March 27, 2020, dramatically extends the deadline for employers to make social security tax payments on 2020 payroll.  Read more.


COVID-19 State-by-State Real Property Tax Impacts | 3/24/2020

The Vorys real property tax team is monitoring the COVID-19 pandemic’s effect on property tax filings and deadlines.  Many jurisdictions are taking various steps to respond to shut downs and other delays.  Read more.

Treasury Issues New Notice on Tax Filing and Payment Deadlines, Eliminating Prior Caps | 3/23/2020

A complete summary of Treasury’s current guidance on the extension of federal income tax payment and filing deadlines is included in this Federal Tax Bulletin. Read more.

Treasury Extends April 15 Deadline For Making Tax Payments and Filing Tax Returns | 3/20/2020

The Treasury released Notice 2020-17, which extends the due date for making federal income tax payments that are due on April 15, 2020. Read more.

Real Estate, Construction and Economic Development Incentives


The CARES Act Relief for Residential Landlords and Tenants | 4/3/2020

The CARES Act provides relief for residential mortgage holders—both individuals and multifamily borrowers—and tenants, as well as credit reporting protection. Read more.


What to Do With Your Incentive Agreements in This Challenging COVID-19 Times
| 3/23/2020

In this time of broad government actions due to a declared pandemic emergency, it is important to examine your incentive agreements to understand the potential risks your company faces if your company is unable to perform key obligations.  Read more.


Government Action as a Force Majeure Defense in Construction Contracts
| 3/18/2020

In the event of government action due to a declared emergency such as a pandemic, performance under construction contracts may become delayed or impossible.  For example, government action may directly or indirectly delay or prohibit timely access to services such as inspections, permit granting, application review, plan review, or document recording. Read more.


Federal and State Relief Efforts


The CARES Act Relief for Residential Landlords and Tenants
| 4/3/2020

The CARES Act provides relief for residential mortgage holders—both individuals and multifamily borrowers—and tenants, as well as credit reporting protection. Read more.

Overview of State Relief Efforts in Response to COVID-19 | 4/2/2020

A number of states have enacted legislation, implemented relief programs, or made available state resources to further assist businesses in combating mounting economic hardships.  This alert summarizes the state-specific relief efforts in Ohio, Pennsylvania, Texas, and Washington, D.C.  Read more.

The CARES Act Provides a Number of Tax Benefits to Businesses | 3/31/2020

The CARES Act provides for a refundable tax credit available to certain employers for wages paid during periods of partial or complete shutdown, or significant decline in gross receipts, resulting from COVID-19.  Read more.


Ohio Governor Mike DeWine Signs COVID-19 Related Legislation | 3/30/2020

In response to the COVID-19 crisis, Ohio Governor Mike DeWine signed House Bill 197 into law on March 27, 2020, a bill that had passed unanimously in the Ohio General Assembly.  The legislation covers a variety of issues.  Read more.


The CARES Act Impact on Employee Benefit Plans
| 3/28/2020

The Coronavirus Aid, Relief, and Economic Security Act (CARES Act) was enacted on March 27, 2020 and contains many provisions that affect employee benefit plans.  Read more.

The CARES Act Provides Health Care Industry Unprecedented Funding, Regulatory Flexibilities | 3/27/2020
The wide-reaching CARES Act provides significant additional support to the health care industry inundated by the COVID-19 pandemic, primarily in the forms of new funding and regulatory relief. Read more.


The CARES Act Extends Deadline for Payment of 2020 Employer and Self-Employment Social Security Tax | 3/27/2020

The CARES Act, which was signed into law by President Trump on March 27, 2020, dramatically extends the deadline for employers to make social security tax payments on 2020 payroll.  Read more.


Senate Passes Phase III of the Federal Coronavirus Relief Legislation | 3/26/2020

Following days of often tense negotiations, the United States Senate has passed the third phase of federal coronavirus relief legislation, the Coronavirus Aid, Relief, and Economic Security Act (the CARES Act), which will provide $2 trillion in economic aid to individuals and businesses impacted by the coronavirus public health emergency.  Read more.


Overview of Federal Coronavirus Relief Bills | 3/20/2020

Since the first known case of COVID-19 in the United States was discovered in late January, the federal government has taken several steps (with more planned) to both fight the spread of the disease and blunt its economic impact on the American economy. Learn more about each of these measures in this alert.


Economic Relief for Businesses


The CARES Act Paycheck Protection Program: Overview for Participating Lenders | 4/2/2020

On March 31, 2020, the SBA and the Treasury Department released initial guidance on the Paycheck Protection Program (PPP), providing further key details regarding how the SBA plans to administer the loan program.  Read more.

The CARES Act Makes Available Economic Relief for Midsize and Large Businesses | 3/30/2020

The CARES Act created a more broadly applicable emergency relief fund that should result in loans for medium and large businesses impacted by COVID-19.  Read more.


Congress Creates the Paycheck Protection Program Through the SBA to Provide Loans and a Loan Forgiveness Program to Eligible Entities Impacted by COVID-19
| 3/30/2020

Under an expansion of the SBA’s traditional loan program, the government will provide or 100% guarantee loans made to eligible persons or entities over the next several months in an effort to help small businesses impacted by COVID-19.  Read more.


COVID-19, Private Investors and the CARES Act Do Investor Backed Companies Get Left Out in the Cold? | 3/30/2020

This alert provides answers to some of the preliminary questions private equity, family office, fundless sponsor and venture capital firms, along with their portfolio companies, might be asking as they consider applying for a loan under the SBA's Paycheck Protection Program.  Read more.


Government and Court Closings and Other Modified Procedures


Patent and Trademark Office Extends Filing and Payment Deadlines for COVID-Related Causes  | 4/1/2020

The U.S. Patent and Trademark Office announced on March 31, 2020 that certain patent and trademark filing and payment deadlines have been extended in response to delays caused by the COVID-19 outbreak.  Read more.


COVID-19 Patent and Trademark Filing Impacts | 3/30/2020

In these unforeseen and unique circumstances surrounding the COVID-19 pandemic, we want to keep our clients abreast of how patent and trademark offices around the world are handling deadlines and other issues.  Read more.

Access to Courts Will Be More Limited in the Coming Weeks | 3/24/2020

As part of the government’s response to the coronavirus (COVID-19) pandemic, state and federal courts around the country are adjusting their operations.  Read more.


COVID-19 State-by-State Real Property Tax Impacts | 3/24/2020

The Vorys real property tax team is monitoring the COVID-19 pandemic’s effect on property tax filings and deadlines.  Many jurisdictions are taking various steps to respond to shut downs and other delays.  Read more.


Environmental


Thinking About Delaying Environmental Compliance Due to COVID-19? Think Carefully! | 3/23/2020

As the COVID-19 situation continues to evolve day by day, we recommend carefully reviewing each of your facilities’ environmental-related permits, orders, and other compliance obligations.  Read more.


Transportation and Logistics


FMCSA Publishes Updated Drug and Alcohol Testing Guidance | 3/27/2020
The Federal Motor Carrier Safety Association (FMCSA) issued updated guidance on drug and alcohol testing amid the COVID-19 pandemic.  Read more.

3PL Employment Issues to Consider in the Wake of COVID-19 |
3/27/2020
As 3PLs adapt to the impact that COVID-19 continues to have on their business and as employers and employees adjust to teleworking, there are myriad employment issues and new laws that must be considered.  Read more.

FMSCA’s National Emergency Declaration: Issues to Consider | 3/25/2020

3PLs must exercise caution when considering FMSCA’s National Emergency Declaration to provide hours-of-service relief to commercial drivers transporting emergency relief in response to COVID-19.  First, emergency relief is specific to certain kinds of freight.  Read more.

3PLs and Motor Carriers Recognized as Essential Businesses, Adapt to Changing Regulations | 3/24/2020

State "Stay at Home" and "Shelter in Place" orders related to COVID-19 have, thus far, deemed 3PLs and their carrier partners as essential businesses, whose work is necessary.  Read more.


eCommerce


Coronavirus Crisis Driving Increased eCommerce Demands – Brands Need To Adapt Accordingly | 3/24/2020

As an ever-increasing number of consumers are forced into lock down, there has been a marked spike in the number of people turning to eCommerce as the channel of choice (and necessity) for their retail purchases.  Brands will need to adapt. Read more in this blog post from Vorys eControl.


Insurance


How Ohio’s COVID-19 Related Legislation Impacts Insurers | 4/1/2020 

A provision in Ohio House Bill 197 provides relief to persons holding licenses issued by Ohio agencies that are set to expire during the COVID-19 emergency. Read more.

Ohio Department of Insurance Issues FAQs Regarding Bulletin 2020-03 Health Insurance Coverage Flexibility for Ohio Employees | 3/31/2020 
Based upon questions the Ohio Superintendent of Insurance received regarding Bulletin 2020-03, the Superintendent has issued a set of FAQs.  Read more.

Ohio Department of Insurance Issues Bulletin 2020-07: Property and Casualty, Life, and Long Term Care Insurance Premium Payments During State of Emergency | 3/30/2020 

The Ohio Superintendent of Insurance issued Bulletin 2020-07 and ordered and directed, effective March 30, 2020, that all insurers (Insurers) issuing property and casualty, life, and long term care insurance policies in the State of Ohio provide their insureds with at least a 60-day grace period to pay insurance premiums during the state of emergency.  Read more.


First COVID-19 Business Insurance Coverage Case Filed in Louisiana | 3/26/2020 
The first, in what will undoubtedly be many insurance coverage cases related to COVID-19, was filed on March 16th in New Orleans, Louisiana civil district court. Read more.

Ohio Department of Insurance Issues Bulletin 2020-03 Health Insurance Coverage Flexibility for Ohio Employees | 3/25/2020 

The Ohio Superintendent of Insurance issued Bulletin 2020-03 and ordered and directed all health plan issuers, and other entities transacting the business of insurance in the State of Ohio, or that are subject to the jurisdiction of the Superintendent, to comply with new requirements during the COVID-19 state of emergency.  Read more.

Ohio Department of Insurance Issues Bulletin 2020-04 Temporary Suspension of Pharmacy Audits During Declared State of Emergency | 3/25/2020

The Ohio Superintendent of Insurance issued Bulletin 2020-04 and ordered all third party administrators, including pharmacy benefit managers, health insurance companies, and other entities licensed pursuant to the laws of Ohio relating to insurance  to suspend pharmacy audits during this state of emergency.  Read more.

Ohio Department of Insurance Issues Bulletin 2020-05 COVID-19 Testing and Treatment: Out-of-Network Coverage | 3/25/2020

The Ohio Superintendent of Insurance issued Bulletin 2020-05 that applies to all health plan issuers, including insurance companies, health insuring corporations, MEWAs, non-federal governmental health plans, and other entities transacting the business of insurance in the State of Ohio, or that are subject to the jurisdiction of the Superintendent, that reimburse the costs of health care services under a health benefit plan in Ohio. Read more.

Ohio Department of Insurance Issues Bulletin 2020-06 Coverage for Individuals with Expired Driver Licenses | 3/25/2020

The Ohio Superintendent of Insurance issued Bulletin 2020-06 and ordered all insurers providing automobile insurance policies in the State of Ohio to temporarily suspend certain actions that they would otherwise be permitted to take due to the expiration of the driver license of a named insured or other covered family member. Read more.


Financial Institutions 


The CARES Act Paycheck Protection Program: Overview for Participating Lenders | 4/2/2020

On March 31, 2020, the SBA and the Treasury Department released initial guidance on the Paycheck Protection Program (PPP), providing further key details regarding how the SBA plans to administer the loan program.  Read more.


Options for Annual Shareholder Meetings | 3/25/2020

With the vast uncertainty generated by the COVID-19 pandemic, one of the immediate challenges that Ohio’s financial institutions must confront, especially at this time of year, involves how to handle their annual shareholder or member meetings.  Read more.

vorys coronavirus task force