Lapse in Appropriations Notice: SBA is unable to accept new applications at this time for the Paycheck Protection Program or the Economic Injury Disaster Loan (EIDL)-COVID-19 related assistance program (including EIDL Advances) based on available appropriations funding.

EIDL applicants who have already submitted their applications will continue to be processed on a first-come, first-served basis.

To learn more about the relief options available for your business, click here.

On March 18, 2020, the President signed the Families First Coronavirus Response Act (“FFCRA”), which contains two provisions permitting leave for employees on the basis of the COVID-19 crisis. The Emergency Paid Sick Leave Act (“EPSLA”) requires that all covered employers provide two weeks of paid sick leave to an employee who is unable to work or telework due to a range of reasons related to COVID-19, including the employee being subject to a quarantine or isolation order, experiencing symptoms of COVID-19 and seeking a diagnosis, or caring for a son or daughter whose school or childcare provider is closed or unavailable. The Emergency Family and Medical Leave Expansion Act (“EFMLEA”) grants employees 12 weeks of protected leave if an employee is unable to work or telework because he or she is caring for a son or daughter whose school or childcare facility is closed or whose caretaker is unavailable due to COVID-19 related reasons. On April 6, 2020, the Department of Labor published regulations implementing these new leave provisions, which are far reaching and will affect a broad scope of businesses. Below are several of the questions that I anticipate many will be asking about compliance with the FFCRA.  TO SEE THE ENTIRE DOCUMENT AND THE ANSWERS TO THE BELOW QUESTIONS:  DOL Issues Regulations Implementing FFCRA-1

My small business has less than 50 employees — do I have to provide childcare related leave under the EPSLA or the EFMLEA?

How does the leave provided under the FFCRA interact with my company’s existing leave policy?

Can my employees take intermittent leave under either the EPSLA or EFMLEA?

I provided specific COVID-19 related leave prior to April 1, 2020 — am I still required to provide additional leave under the FFCRA?

Can I require my employees to provide advance notice prior to taking leave under the FFCRA?

Can I ask my employees to provide documentation before approving leave under the EPSLA or EMFLEA?

What are my record keeping obligations under the FFCRA?

On April 15, 2020, DC Mayor Muriel Bowser issued Mayor’s Order 2020-063 to extend the state of emergency and public health emergency for Washington, DC through May 15, 2020, as the District continues to fight the spread of the coronavirus (COVID-19).

The Mayor extended the emergencies and issued new health and safety requirements in an effort to protect vulnerable populations during the COVID-19 public health emergency. The new order clarifies that face masks are required for:

hotel workers, guests, and visitors;
individuals using taxis, ride shares, private transportation providers;
workers and customers of food sellers; and
strongly encouraged for workers and individuals using public transit.

Individuals living, working, and visiting Washington, DC should continue to stay at home, only leaving for essential purposes. If leaving their residence, all individuals must continue to social distance from others not in their household, and should wear face coverings if visiting essential businesses, such as grocery stores and pharmacies. Masks are not a replacement for social distancing. Non-essential businesses remain closed, and DC students will continue to learn at home.DC MayorsOrder2020.063

For more information on the District’s response, visit coronavirus.dc.gov.

DC Mayor’s Order 2020-054 Stay at Home

On Tuesday, March 24, 2020, Mayor Muriel Bowser declared the closure  of all non-essential businesses and prohibiting gatherings of 10 or more people, effective from March 25 at 10:00 PM through April 24, 2020. Non-essential businesses include tour guides and touring services; gyms, health clubs, spas, and massage establishments; theaters, auditoriums, and other places of large gatherings; nightclubs; hair, nail, and tanning salons and barbershops; tattoo parlors; sales not involved in essential services; retail clothing stores; and professional services not devoted to assisting essential business operations.

Commercial and residential construction, ad the suppliers were fundamentally exempted from the closure order. .

On March 30, Washington DC followed both Virginia and Maryland requiring individuals to stay at home if they are not engaged traveling to work for and engaging in activity for Essential Businesses. The March 30 order continued the March 24 order’s listing of numerous construction trades as Essential Businesses, enabling construction work to continue.

On March 23, 2020, Governor Northam issued an order limiting public gatherings and events to 10 or fewer people and encouraging social distancing. The order went into effect at 11:59 PM on March 24 and currently remains in place until April 23, 2020. Under the order, recreational and entertainment businesses must close, and restaurants and other restaurants providing food and beverage services may only offer take-out and delivery. Other businesses that remain open must utilize telework as much as possible and otherwise adhere to social distancing recommendations, enhanced sanitizing procedures, and apply relevant workplace guidance from state and federal authorities, including CDC, OSHA, and the Virginia Department of Labor and Industry. As such, construction continues and contractors may continue their operations both in the field and at the office as long as they follow those guidelines.

On March 30, the Governor issued an order that required all individuals in Virginia to remain at home unless engaged in permissible activity such as seeking food, medical attention, or permissible travel subject to social distancing requirements. Permissible travel includes traveling to and from one’s place of work. The March 30 order also extended the duration of the above restrictions to June 10, 2020. The new order did not articulate any changes to the business closures outlined in the March 23 order, and it appears that, like Maryland, Virginia is permitting construction activities to continue.

Executive Order 55:    Virginia EO-55-Temporary-Stay-at-Home-Order-Due-to-Novel-Coronavirus-(COVID-19)-1

Executive Order 53:    Virginia EO-53-Temporary-Restrictions-Due-To-Novel-Coronavirus-(COVID-19)

As some NUCA  members are experiencing through enforcement of their Governor’s stay-at-home (SAH) order, NUCA National has drafted a sample “essential letter” template that our members can customize for their employees traveling through quarantined areas.     We have uploaded this sample letter to the website  – See link below!

 

If you think your employees may need a “travel pass” in your area of business, please feel free to use this template.  While this letter may not satisfy LEOs or code enforcement entities who are stopping vehicles checking on travel needs, we believe having a company document with the employee stating our essential industry position to infrastructure maintenance and repair in a local community is better than nothing at all.

Please make sure that you verify your final letter on your company letterhead with your own legal counsel before committing to its use!

Sample Covid-19 Essential Letter Template FINAL 04-02-20

 

This list is advisory in nature. It is not, nor should it be considered, a federal directive or standard. Additionally, this advisory list is not intended to be the exclusive list of critical infrastructure sectors, workers, and functions that should continue during the COVID-19 response across all jurisdictions. Individual jurisdictions should add or subtract essential workforce categories based on their own requirements and discretion.
The advisorylist identifies workers who conduct a range of operations and services that are typically essential to continued critical infrastructure viability, including staffing operations centers, maintaining and repairing critical infrastructure, operating call centers, working construction, and performing operational functions, among others. It also includes workers who support crucial supply chains and enable functions for critical infrastructure. The industries they support represent, but are not limited to, medical and healthcare, telecommunications, information technology systems, defense, food and agriculture, transportation and logistics, energy, water and wastewater, law enforcement,
and public works.

MARYLAND – Governor Larry Hogan has announced a stay-at-home order for all residents in Maryland in an effort to slow the spread of the Coronavirus.

Governor Hogan made the announcement during a press conference on Monday morning. The order does not restrict people from leaving their homes for essential activities, such as grocery shopping, visiting a doctor, or picking up a prescription. The order also allows essential workers to report to and from work.

The order goes into effect on Monday at 8 p.m.

As of Monday morning, Maryland had 1,413 confirmed cases of the virus. There have been 15 deaths in the state.

The State of Virginia announced restrictions specifically on RESTAURANTS, RECREATIONAL,
ENTERTAINMENT, GATHERINGS, NON-ESSENTIAL RETAIL BUSINESSES,
AND CLOSURE OF K-12 SCHOOLS.

See the entire test of the Governor’s Executive Order:

Virginia EO-53-Temporary-Restrictions-Due-To-Novel-Coronavirus-(COVID-19)

Updated March 25, 2020: Department of Labor (DOL) has issued its first guidance. See Rees Broome, PC’s DOL Guidance Alert issued on March 25, 2020.
Updated March 25, 2020: DOL has indicated that the effective date is April 1, 2020. It applies to leave taken between April 1, 2020 and December 31, 2020.

 

Access the entire document:   March 25, 2020 Updated Guidance for Employers for Amendments to FMLA due to Coronavirus