Congress Briefly Extends Part of the FFCRA - but Only the Tax Credits
Spilman Thomas & Battle, PLLC, December 2020

The Families First Coronavirus Relief Act ("FFCRA") was passed by Congress this spring to mandate two weeks of paid sick leave for COVID-19 reasons and to extend the FMLA by creating a new reason for FMLA leave relating to the need for child care because of COVID-19. The details of the FFCRA were covered by the Spilman COVID-19 Task Force at the time of passage here.  The FFCRA was set to expire at the end of 2020, and there had been little noise out of Congress that it would be extended...

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Coronavirus Considerations and Hot Topics Heading into 2021
Spilman Thomas & Battle, PLLC, December 2020

When much of the country locked down in March 2020, very few expected us to still be dealing with this pandemic in December 2020. And yet, here we are. In fact, coronavirus cases are rising sharply throughout much of the country, and the prospect of additional shutdowns is growing more probable by the day. Not all news is bad. Pfizer, Moderna and AstraZeneca have produced what appear to be viable vaccines that could be available as early as this month. As we look to 2021, here are a few issues that employers should have on their radar...

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Employers Must Be Reasonably Diligent in Tracking Employees’ Worked Hours, Even During a Global Pandemic
Spilman Thomas & Battle, PLLC, December 2020

Whether employers like it or not, there is no question that the COVID-19 pandemic has altered the modern work environment for many businesses. As employers across the country continue to allow, and even encourage, their employees to work remotely, we continue to see the questions and challenges that accompany the work-from-home model. Fortunately, not all of those challenges need be navigated blindly. The U.S. Department of Labor (“DOL”) recently issued a Field Assistance Bulletin to help untangle some of the concerns regarding paying employees for all hours worked, even when employees are not in a traditional employment setting...

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Ensuring the Enforceability of Electronic Arbitration Agreements in Virtual Admission Packets
Spilman Thomas & Battle, PLLC, October 2020

With the continued risk of the spread of COVID-19 in assisted care facilities, more and more facilities are implementing a virtual admissions process. This process includes providing all of the admissions documents, including an arbitration agreement, to potential residents and/or their legal representatives electronically. While it is preferable from a legal standpoint that the arbitration agreement be presented and executed in person, in today's world that is not always possible. Below is a discussion of the risks associated with the use of electronic arbitration agreements and ways that your facility can ensure the enforceability of an electronic arbitration agreement...

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COVID-19 and Unprecedented: Litigation Insights, Issue 28
Spilman Thomas & Battle, PLLC, October 2020

This 28th edition of Unprecedented, our weekly update on COVID-19-related litigation, includes a number of updates on the mounting number of business interruption coverage disputes -- including a claim against a broker whose alleged failure to obtain infectious disease coverage left the insured without coverage for COVID-19-induced losses. Other topics include continued litigation over government responses to the COVID-19 pandemic, state-specific liability protection legislation, nursing home wrongful death claims, Paycheck Protection Program fraud, and securities litigation over allegedly false public statements on COVID-19 business impacts.  We hope you enjoy reading...

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