SBA issues additional guidance for PPP loans

On Wednesday, May 13, the U.S. Small Business Association (SBA) issued additional guidance regarding the need to certify “current economic uncertainty” and the need for financing when applying for PPP money.  In short, the new guidance gives a safe harbor for all loans under $2 million, and is rather candid in the reasoning—it takes away...
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What Does “Return to Work” Look Like?

On May 4, 2020, Washington Governor Jay Inslee issued “Safe Start Washington A Phased Approach to Recovery.”  It includes broad, general requirements for businesses that are by now familiar to all of us – wash your hands, maintain social distancing, etc.  It also requires compliance with Department of Labor & Industries (L&I) and Department of...
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What does “Return to Work” look like?

On May 4, 2020, Washington Governor Jay Inslee issued “Safe Start Washington A Phased Approach to Recovery.”  It includes broad, general requirements for businesses that are by now familiar to all of us – wash your hands, maintain social distancing, etc.  It also requires compliance with Department of Labor & Industries (L&I) and Department of...
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Implications of New EEOC Guidance on Employers Requiring COVID-19 Testing

Background.  The EEOC has a role in the novel coronavirus pandemic because it enforces anti-discrimination laws, including the Americans with Disabilities Act (“ADA”).  The ADA substantially limits an employer’s ability to make medical inquiries and conduct medical examinations, including actions such as taking employees’ temperatures or requiring them to provide body fluid or other samples...
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Additional state law rights  for employees at high risk for coronavirus complications

On April 13, 2020, Governor Inslee issued Proclamation 20-46, which provides additional rights and protections for workers at high risk for coronavirus complications, effective through (at least) June 12, 2020.  To summarize, all Washington State employers – public and private – must: Use all available options for alternative work assignments to protect high-risk employees, if...
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FCC Telehealth Funding Available – Apply Today!

Elana Zana (ezana@omwlaw.com) Starting at 9 AM Pacific on April 13, 2020, the FCC will begin to accept applications for its COVID-19 Telehealth Program, funded by $200 million dollars allocated by the CARES ACT. This program will fully fund telecommunications services, information services, and devices necessary to provide critical connected care services. The FCC does...
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New CDC Guidance on Keeping #Coronavirus-Exposed Employees Working and Possible Impacts on Paid Emergency Sick Leave

As of April 8, 2020, the CDC is advising that critical infrastructure workers remain working after actual or potential coronavirus exposure.  The advisement includes protective measures that such workers are to take and provides for them to go home immediately if they develop coronavirus symptoms.   The new interim guidance applies to workers in all 16...
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EEOC Updates What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws

On Thursday afternoon, April 9, 2020, the EEOC issued expanded guidance on a variety of COVID-19-related workplace issues in a question and answer format. The expanded guidance clarifies issues regarding acceptable inquiries regarding COVID-19 symptoms, employer responsibilities regarding confidentiality of medical information obtained from employees, and duty to accommodate disabilities, including mental health issues, during...
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Expansion of Washington state unemployment eligibility criteria (retroactive to March 23, 2020)

The State of Washington adopted an emergency rule on April 8, 2020 that broadens eligibility for unemployment benefits.  The emergency rule, which we originally posted on April 9, was the subject of a technical correction on April 10, 2020 to address a grammatical issue.  The updated rule is posted below: WAC 192-150-101 Job separations related...
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COVID-19 and Substance Abuse Records: Key Changes to 42 CFR Part 2 Requirements under the CARES Act

By Casey Moriarty cmoriarty@omwlaw.com 206-447-7226 The recently enacted CARES Act includes important updates to the requirements governing the confidentiality of substance use disorder records under 42 CFR Part 2 (“Part 2”), including the following: Disclosures for Treatment, Payment, and Health Care Operations: After initial patient consent, the Cares Act permits substance use disorder programs, covered...
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