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Christopher Yetka Moderates Bisnow Town Hall: Insurance and Liability Implications of the COVID-19 Pandemic
On Thursday, May 14, 2020, attorney Christopher Yetka moderated a panel with Tim Worke, CEO of Associated General Contractors of Minnesota, and Jason Wilsey, a Vice President and Shareholder at CSDZ, an insurance agent and broker focusing on construction clients. The panel addressed liability and insurance stemming from the COVID-19 Pandemic.
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Phyllis Karasov and Dan Ballintine Discuss Re-Opening A Business the Right Way: Tips to Avoid Pitfalls
Phyllis Karasov and Dan Ballintine discuss the matters employers need to consider when re-opening businesses after the Covid-19 shutdowns. Recalling only some employees, screening employees before they enter the workplace and dealing with employees who refuse to return to work are among the issues discussed.
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Governor Walz Issues an Executive Order Allowing Reopening of Medical, Dental and Veterinary Clinics for Elective Surgeries and Procedures
On May 5, 2020, Governor Walz issued Executive Order 20-51 which, coupled with guidance from the Minnesota Department of Health, allows hospitals, ambulatory surgery centers, and clinics, including dental, veterinary, mobile and other facilities, to perform procedures that utilize PPE or ventilators, provided they comply with the conditions set forth in the Executive Order.
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Small Business Reorganization – Bankruptcy Protection For Small Businesses
The Small Business Reorganization Act of 2019 (“SBRA”) has the potential to make Chapter 11 bankruptcy protections available to smaller businesses. The Federal government and State relief efforts are providing various forms of relief to businesses of many sizes and in many industries – what programs like the PPP and Main Street Lending Program do not do and cannot do is actually bring customers back to storefronts or kickstart “nonessential” businesses. Having no customers, landlords and lenders that are struggling themselves, coupled with the lack of access to capital resources will create many difficulties for small businesses that, before this crisis, had typical levels of debt and leverage. The SBRA may be well suited for small businesses that need some time to restructure and fend off creditors and avoid a liquidation scenario.
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Navigating State and Local Governments During a Pandemic: How Continuing Government Action on Major Issues Can Impact Your Investments
Peter Coyle and Jacob Steen discuss the land use, government relations and regulatory environment during the COVID-19 pandemic.
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Unemployment and a Returning Workforce: How the CARES Act Can Increase Unemployment Benefits with Phyllis Karasov and Alex Beeby
Employment attorneys Phyllis Karasov and Alex Beeby discuss changes and provide insight into the support the Minnesota Department of Employment and Economic Development is giving laid-off employees, employees whose hours or wages are reduced, and self-employed individuals and independent contractors.
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Tom Flynn and Patrick Cole Discuss Bankruptcy and Business Contingency Planning
Could changes to Chapter 11 bankruptcy be the answer to many businesses' financial worries in our COVID-19 world? Attorneys Tom Flynn and Patrick Cole explain what your options for financial relief are under the law in the latest edition of the Larkin Hoffman COVID-19 Podcast Briefings.
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Christopher Yetka Obtains Insurance Bad Faith Award in Minnesota Federal District Court
Christopher Yetka won a significant victory on Tuesday, obtaining the first award of bad faith damages in Minnesota’s Federal District Court after an evidentiary hearing.
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Planning For Business Owner Incapacity
COVID-19 has stunned the country. At the start of 2020, who imagined the dramatic shift the virus would bring to our world, our work, and our daily lives? People find themselves in changing circumstances. Some are on the front lines, caring for those who are ill. Some are home in an effort to slow the progression of the virus. Some are operating or employed in essential businesses, some are unemployed or taking a break until business improves. No matter what the situation, it is a good time to focus on planning.
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Phyllis Karasov and Dan Ballintine Discuss Difficult Questions Facing Employers Under the Families First Coronavirus Relief Act
Larkin Hoffman employment law specialists Phyllis Karasov and Dan Ballintine answer some of the tough questions employers face under the new Families First Coronavirus Relief Act (“FFCRA”) in our latest COVID-19 Briefing series podcast.
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Todd Freeman and Dan Kadlec Provide Guidance on Managing PPP Proceeds to Maximize Loan Forgiveness
Your business has successfully applied for a loan under the Paycheck Protection Program. You either have received the loan proceeds or are awaiting receipt of the proceeds. This podcast addresses the management of the proceeds to ensure proper use of them and maximize the amount of proceeds that may be forgiven. Given the complex interplay among the various sets of rules for use, forgiveness, reduction in forgiveness and relief from reduction in forgiveness, compiling pertinent information to develop a game plan for these proceeds will not only allow you to maximize use and forgiveness, but also provide guidance on the support that you may provide to your workforce funded by this government program.
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COVID-19 Briefing Podcast Series
Introducing a new series of podcasts discussing issues affected by the COVID-19 crisis. Our senior attorneys will address corporate, employment, real estate, construction, franchise, bankruptcy, insurance, litigation, and other matters in this series. The podcasts are 15 minutes long and can be heard at your convenience. Over the next few weeks, there will be several podcasts on developing matters.
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What Happens to Minnesota’s Zoning Shot-Clock During a Peacetime Emergency?
Like many states, Minnesota has an automatic approval statute, or “shot clock,” to protect applicants for zoning and land use applications. Minnesota Statutes section 15.99 requires that local land use authorities must act within 60 days of receiving a completed zoning application. If the government fails to act within that time frame, the application is automatically approved. But what happens during a global pandemic when government employees (and everyone else) must shelter in place for two weeks, six weeks, or even longer?
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COVID-19 Unemployment Compensation Updates
The unemployment compensation landscape is constantly evolving during this COVID-19 pandemic. The United States Department of Labor (“DOL”) and Minnesota’s Department of Employment and Economic Development (“DEED”) are frequently issuing new guidance and updates as they work to implement emergency orders and legislation and to try to respond to the mass layoffs stemming from COVID-19 shutdowns. While DEED’s unemployment website provides useful information, its call center is closed to customer service calls as the office focusses on processing the flood of applications and implementing the new policies. This article seeks to distill the current unemployment compensation landscape to address the most frequently asked questions we receive from employers considering layoffs and employees facing layoff.
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Privacy and Compliance Considerations for Health Care Providers during the COVID-19 Emergency
The ongoing COVID-19 pandemic has thrown economic and health care systems into disarray across the globe. In the United States, hospital systems and departments of health have scrambled to identify ways to decrease the spread of the infection while preparing the health care system for the onslaught of patients that overwhelmed hospitals in other counties. As part of that effort, significant attention has been devoted to the ongoing role of existing privacy regulations and various adaptations that could support the remote provision of health care services.
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What the Paycheck Protection Program Offers Nonprofit Organizations and Small Businesses
The Coronavirus Aid Relief and Economic Security Act (the “CARES Act”) provides important public funding to small businesses. The following are some of the highlights of the Paycheck Protection Program (the “Program”) which is part of the CARES Act. This Program is an expansion of the Small Business Administration (“SBA”) 7(a) loan program. The available pool for these loans is $349 billion. Loans will be made on a first-come, first-serve basis, so businesses should apply as soon as possible. The information below is based on the Interim Final Rule promulgated by the SBA on April 2, 2020.
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Paycheck Protection Program: Q&As For Small Businesses
On March 25, the U.S. Senate passed the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) to keep American workers paid and employed. The CARES Act authorizes the Small Business Administration (“SBA”) to provide loan guarantees for up to $349 billion in loan commitments under the SBA’s 7(a) program (the SBA’s primary program for providing financial assistance to small businesses), funding a new forgivable loan program: Paycheck Protection Program. The below information will help small and mid-sized businesses to better understand loan eligibility, benefits, and the application for the SBA loan under the Program. We will continue providing further updates as the SBA issues guidance interpreting the Program.
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FAQs on Minnesota's Small Business Emergency Loans and Economic Injury Disaster Loan Programs
Both state and federal governments have taken swift action to enact quick and innovative programs to aid small businesses struggling with the fallout of the COVID-19 crisis. To understand new options available to small businesses and how the various loan programs interact with one another, the FAQs below provides a summary of Minnesota loan program and the SBA disaster loan program.
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Lawmakers Pass $330 Million COVID-19 Package
Late yesterday afternoon, the Minnesota Senate unanimously passed a $331.5 million relief package aimed at combating the growing spread of novel coronavirus (COVID-19) on a 67-0 vote. The House of Representatives had passed H.F. 4531 earlier in the afternoon on a 99-4 vote. Both bodies utilized unique voting practices that included members voting remotely, from the gallery or entering the chamber one at a time to vote. Gov. Tim Walz is expected to sign the bill later today.
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Families First Coronavirus Response Act (“FFCRA”) Model Notice, New Effective Date and Amnesty
The U.S. Department of Labor (“DOL”) has published the model notice which employers must post as required by the Families First Coronavirus Response Act (“FFCRA”). The notice must be posted in conspicuous places on the premises of the employer where notices to employees are customarily posted. An employer can satisfy this requirement by emailing or direct mailing this notice to employees, or posting this notice on an employee information internal or external website. An employer is not required to post the notice in multiple languages, but the DOL will be publishing the notice in the near future in several additional languages. The requirements in the notice apply only to current employees. Employers can order notices free of charge from the DOL’s Wage and Hour Division, or download and print the notice here.
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