We have assembled a firmwide multidisciplinary task force to address clients’ business and legal concerns and needs related to the COVID-19 pandemic. Our lawyers are closely monitoring the latest developments and guidance from government and public health authorities and are prepared to provide guidance on planning for and responding to the many issues arising as the virus spreads.
We can advise on a broad range of matters, including:
Banking & Finance: Force majeure, material adverse effect, cessation of business and other relevant clauses in financing documents
Business Operations: Business interruption/continuity planning; performance delays and force majeure events in contracts; anticipating and negotiating downstream implications in transactional and M&A contracts; SEC reporting requirements regarding risk and earnings disclosures; business and financial disruptions and other material events for publicly held companies; shareholder meetings and investor relations issues
Business Restructuring, Creditors’ Rights & Bankruptcy: Strategies to effectively address operational and financial distress, payment and cash flow difficulties, supply chain disruptions, customer and vendor defaults and insolvency proceedings, and the enforcement of rights and remedies
Construction: Negotiating and enforcing contract terms addressing force majeure, supply chain disruption, changes for costs of supplies and labor, and excused performance; application of the doctrines of impracticability/commercial frustration and impossibility of performance to existing contract obligations; evaluation of insurance coverage for builder’s risk, general liability and similar policies
Employee Benefits: Benefit continuation and payment arrangements during leaves; HIPAA compliance; potential waiver of copays/coinsurance and deductibles for COVID-19 testing and treatment; potential expansion of short-term disability plans; potential changes to 401(k) plan hardship and loan provisions; service provider agreements and obligations
Environmental: Review use of force majeure and similar provisions in environmental statutes, regulations, government orders, or permits by companies to delay, without penalty, required sampling events, remediation deadlines, air permit testing, wastewater record keeping, monitoring, etc.; work-related employee cases of COVID-19 and OSHA’s employee illness and injury recordkeeping regulation; disruptions in waste collection, disposal, and/or recycling services; planning and implementation of temporary or permanent facility closures
Government Contracts: Contract terms regarding notice requirements, determination of the risk of non-performance and insurance coverage; contract compliance with applicable laws and regulations; contract terms regarding the application of federal, state and local statutes and regulations enacted after contract award; contract performance criteria and the impact of health-caused delays on key contract deliverables, the government contract supply chain and available actions to mitigate specific impacts on contract cost, performance requirements and schedule
Health Care: Telemedicine; contracting issues; government guidance; HIPAA privacy and security
Intellectual Property: Performance of IP agreements (i.e., force majeure), country trademark registration protection as supply chain and manufacturing facilities relocate to other countries, patent and trademark deadline docketing services, patent and trademark prosecution overflow services, new manufacturing and intellectual property agreements as supply chains are disrupted
International Trade: Supply chain disruptions; import/export issues; force majeure and other contract provisions
Labor & Employment: Leave policies; quarantine rules; travel restrictions; remote working arrangements; FLSA compensation rules for partial weeks off work; OSHA/ADA requirements; discrimination claims; immigration issues; employee workplace safety and privacy issues
Litigation: Contract disputes involving COVID-19-related contract non-performance or performance delays, including force majeure events and other supply chain disruptions; strategies for negotiating and drafting contractual provisions with customers and suppliers; insurance coverage disputes regarding COVID-19-related issues; director and officer liability disputes resulting from COVID-19-related issues; white collar criminal actions resulting from COVID-19-related conduct; compliance counseling regarding CARES Act and other COVID-19 related legislation and associated white collar criminal actions; counseling and litigation regarding compliance with Stay-At-Home orders, including regarding whether a business is an essential business; other COVID-19-related litigation
Personal Planning: Health care documents and estate plans
Privacy & Data Security: Security for mobile and remote working; protection of sensitive personal information; compliance with health care privacy laws
Product Liability: Defend companies against inhalation exposure and respiratory illness claims. Advice regarding warnings and regulatory issues for manufacturers and suppliers of PPE, ventilators, and other products to address COVID-19
Real Estate: Impact of service disruptions, facility closures and quarantine policy on commercial property owners, tenants, borrowers and lenders; best practices for real estate contract negotiations during uncertain times
Transportation: Supply chain disruptions involving the shipment of goods; contingency planning; contract provisions with suppliers, customers and transport providers, including force majeure, minimum volume commitments, liquidated damages or capacity protection; and demurrage and detention charges
The global COVID-19 pandemic is an unprecedented situation with developments occurring at a rapid pace. As such, our previous client updates and webinars may contain information that has changed since publication. Please be sure to refer to our most recent publications and contact your Thompson Hine lawyer for additional information.
Federal Court Issues Nationwide Injunction Against Federal Contractor Vaccination Mandate - Government Contracts/Labor & Employment Update
December 07, 2021
OSHA Issues COVID-19 ETS for Large Private Employers - COVID-19 Update
November 04, 2021
Chemical Industry Regulatory Update - October 2021 - A Newsletter from The Adhesive and Sealant Council and Thompson Hine LLP
October 11, 2021
New COVID-19 Workplace Safety Guidance for Federal Contractors and Subcontractors - COVID-19 Update
September 28, 2021
Chemical Industry Regulatory Update - September 2021 - A Newsletter from The Adhesive and Sealant Council and Thompson Hine LLP
September 21, 2021
Path Out of the Pandemic: Considerations for Employers and Government Contractors - COVID-19 Update
September 10, 2021
OSHA Announces COVID-19 Emergency Temporary Standard for Healthcare Employers - Labor & Employment @lert
June 11, 2021
What the CDC’s Updated Guidance Means for Employers - COVID-19 Update
May 20, 2021
New Ohio Law Presents Real Property Tax Reduction Opportunities - Real Estate Update
May 04, 2021
NYSDOL Issues Guidance Regarding New York COVID-19 Vaccine Leave Requirements
March 30, 2021
March 25, 2021
Pandemic Poison Pill Wave Crashes - COVID-19 Update
March 16, 2021
American Rescue Plan Act: Impact on Employers and Employees - COVID-19 Update
March 10, 2021
IRS Issues Guidance on Consolidated Appropriations Act FSA Forfeiture Relief - Employee Benefits Update
March 03, 2021
OSHA Issues Updated COVID-19 Guidance - COVID-19 Update
February 03, 2021
Country-by-Country Guide: Government Measures Taken in Response to COVID-19 - COVID-19 Update
February 01, 2021
Federal Court Decisions Could Cause Surge in Pandemic-Related Insurance Cases in Ohio - COVID-19 Update
January 27, 2021
Chemical Industry Regulatory Update – January 2021 - A Newsletter from The Adhesive and Sealant Council and Thompson Hine LLP
January 13, 2021
Securities Quarterly Update - January 2021
January 12, 2021
Consolidated Appropriations Act, 2021: Implications for Business - COVID-19 Update
December 30, 2020
New COVID-19 Relief Package Provides Additional Pandemic Bankruptcy Protections - COVID-19 Update
December 28, 2020
COVID-19 Relief Bill –
The Impact on Employers and Employees - COVID-19 UpdateDecember 22, 2020
EEOC Issues Updated Guidance on Mandatory COVID-19 Vaccinations - COVID-19 Update
December 18, 2020
What Health Plan Sponsors Need to Know About COVID-19 Vaccine Coverage Requirements - COVID-19 Update
December 14, 2020
Chemical Industry Regulatory Update – December 2020 - A Newsletter from The Adhesive and Sealant Council and Thompson Hine LLP
December 09, 2020
Chemical Industry Regulatory Update – November 2020 - A Newsletter from The Adhesive and Sealant Council and Thompson Hine LLP
November 05, 2020
Murphy’s Law – Literally - COVID-19 Update
October 30, 2020
Chemical Industry Regulatory Update – October 2020 - A Newsletter from The Adhesive and Sealant Council and Thompson Hine LLP
October 08, 2020
Securities Quarterly Update - October 2020
October 08, 2020
DOJ’s False Claims Act Recoveries in Fiscal Years 2020 and 2019 - Government Contracts Update
September 15, 2020
Ohio Provides Qualified Liability Shield From COVID-19 Claims - COVID-19 Update
September 14, 2020
DOL Revises FFCRA Regulations in Response to Court Decision - COVID-19 Update
September 14, 2020
Tenth Circuit Limits Bankruptcy Protections for Private Student Loans - Business Litigation Update
September 10, 2020
Treasury Issues Guidance on Potential Payroll Tax Deferral - COVID-19 Update
September 08, 2020
Chemical Industry Regulatory Update - September 2020 - A Newsletter from The Adhesive and Sealant Council and Thompson Hine LLP
September 04, 2020
Defense Department Guidance on COVID-19-Related Costs for Government Contractors - COVID-19 Update
August 20, 2020
Uncharted Territory: COVID-19 Travel and School Challenges Facing Employers - COVID-19 Update
August 18, 2020
Chemical Industry Regulatory Update - August 2020 - A Newsletter from The Adhesive and Sealant Council and Thompson Hine LLP
August 06, 2020
Federal Court Expands FFCRA Paid Leave - COVID-19 Update
August 05, 2020
Virginia First State to Enact COVID-19 Workplace Safety Standard - COVID-19 Update
July 31, 2020
Directive Barring Foreign National Students from Studying Online Reversed - COVID-19 Update
July 20, 2020
Best Practices for Critical Workers Traveling to and from “Hot Spot” States - COVID-19 Update
July 16, 2020
Business Law Update - Summer 2020 - Thompson Hine Newsletter
July 09, 2020
Chemical Industry Regulatory Update - July 2020 - A Newsletter from The Adhesive and Sealant Council and Thompson Hine LLP
July 08, 2020
Securities Quarterly Update - July 2020
July 07, 2020
EPA Sets August 31, 2020 Termination Date for COVID-19 Enforcement Policy - COVID-19 Update
July 01, 2020
COVID-19’s Impact on Directors’ Fiduciary Duties to Distressed Companies - COVID-19 Update
June 29, 2020
SBA Issues Updated PPP Loan Forgiveness Applications and Additional Clarifications - COVID-19 Update
June 24, 2020
Presidential Proclamation Extends Green Card Limitations and Reduces Temporary Visas - COVID-19 Update
June 23, 2020
PPP Flexibility Act Becomes Effective, Modifying Options for Borrowers and Providing Additional Benefits - COVID-19 Update
June 05, 2020
SBA Releases New Rules on PPP Loan Forgiveness and SBA Review Process - COVID-19 Update
May 27, 2020
Risk Mitigation in Supply Chain Contracts: Critical Vendor, Reclamation and Pipeline Claims - COVID-19 Update
May 26, 2020
OSHA Issues Updated COVID-19 Enforcement Plan and Guidance for Employers - COVID-19 Update
May 21, 2020
SEC’s Enforcement Focus on Pandemic-Related Misconduct - COVID-19 Update
May 20, 2020
Risk Mitigation in Supply Chain Contracts: Consigned Goods - COVID-19 Update
May 20, 2020
SBA Releases PPP Loan Forgiveness Application and Related Instructions - COVID-19 Update
May 19, 2020
From Contact Tracing to Virtual Temperature Taking: Privacy Considerations for Employers - Privacy & Cybersecurity Update
May 19, 2020
COVID-19: Environmental Enforcement Discretion Policies
May 15, 2020
UPDATE: SBA Extends PPP Loan Safe Harbor Deadline to May 18, 2020 - COVID-19 Update
May 14, 2020
Risk Mitigation in Supply Chain Contracts: Termination, Credit and Insurance Terms - COVID-19 Update
May 13, 2020
SBA Issues Additional Guidance on PPP “Necessity” Certification – No Extension of Safe Harbor Deadline of May 14, 2020 - COVID-19 Update
May 13, 2020
Risk Mitigation in Supply Chain Contracts: Protections for Failure to Perform - COVID-19 Update
May 11, 2020
May 06, 2020
USPTO Unveils New Web-Based Intellectual Property Marketplace Platform - COVID-19 Update
May 06, 2020
SEC Provides Guidance on Disclosures of Registered Investment Advisers Using Paycheck Protection Program Loans - COVID-19 Update
May 05, 2020
Business Law Update - Spring 2020 - Thompson Hine Newsletter
May 05, 2020
Paycheck Protection Program Loans and Certifying “Necessity”: New Guidelines Highlight Potential Civil and Criminal Exposure Related to Obtaining PPP Loans - COVID-19 Update
May 02, 2020
Employment Law Considerations as Our Economy Begins to Reopen - COVID-19 Update
May 01, 2020
IRS Grants Relief to Deadlines for “Like-Kind” Section 1031 Exchanges - COVID-19 Update
May 01, 2020
Supply Chain Disruptions Bring Compliance Risks to the Forefront - COVID-19 Update
April 30, 2020
GSA Class D&F Provides TAA and BAA Non-Availability Exception for Certain Supplies - COVID-19 Update
April 29, 2020
Ohio Launches Responsible RestartOhio Plan - COVID-19 Update
April 29, 2020
Post-COVID-19 Environmental Compliance Checklist - COVID-19 Update
April 27, 2020
Paycheck Protection Program: Borrowers Must Plan Now to Maximize Loan Forgiveness - Business Litigation Update
April 24, 2020
Presidential Proclamation Limits Green Card Issuance in Effort to Reduce Job Competition - COVID-19 Update
April 23, 2020
UPDATE: FEMA Announces Additional Exemptions to Recently Effective Export Restrictions on Personal Protective Equipment - COVID-19 Update
April 22, 2020
Emergency Tolling of Mechanics’ Lien Deadlines - COVID-19 Update
April 22, 2020
From Employers to Homeschooling to Healthcare: Federal Government Provides Guidance Clarifying Data Privacy Requirements During COVID-19 - COVID-19 Update
April 21, 2020
COVID-19 Giveaways: Avoiding the Pitfalls of Charitable Promotions and Marketing - COVID-19 Update
April 21, 2020
Employment Issues to Consider as Businesses Get Ready to Re-Open After COVID-19 - COVID-19 Update
April 20, 2020
Patenting During the Pandemic - COVID-19 Update
April 20, 2020
OFAC Issues Fact Sheet on Providing Humanitarian Aid to Combat COVID-19 Under Various Sanctions Programs - COVID-19 Update
April 17, 2020
Main Street Lending Program: New Relief for Small to Mid-Sized Businesses - COVID-19 Update
April 14, 2020
COVID-19 Results in FRA and PHMSA Issuing Regulatory Waivers and Non-Enforcement Guidance - COVID-19 Update
April 13, 2020
Government Measures Worldwide in Response to COVID-19 - COVID-19 Update
April 13, 2020
Securities Quarterly Update - Spring 2020
April 13, 2020
ISS Issues New Voting Policy Guidance in Light of COVID-19 Pandemic - COVID-19 Update
April 13, 2020
Statutes of Limitations Are Moving Targets During the COVID-19 Pandemic - COVID-19 Update
April 09, 2020
FEMA Announces Export Restrictions on Personal Protective Equipment (PPE) - COVID-19 Update
April 09, 2020
Annual Shareholder Meetings in the Time of COVID-19 - COVID-19 Update
April 07, 2020
Shareholder Activist Filings in Light of the COVID-19 Pandemic - COVID-19 Update
April 07, 2020
CMS Issues Blanket Waivers of the Stark Law During the COVID-19 Public Health Emergency - COVID-19 Update
April 03, 2020
DoD Issues Class Commercial Item Determination for Critical Supplies & Services to Aid COVID-19 Response - COVID-19 Update
April 03, 2020
Ohio’s Amended Stay-at-Home Order - COVID-19 Update
April 03, 2020
Ohio Report: COVID-19 Relief for Commercial Tenants and Borrowers - COVID-19 Update
April 02, 2020
FTC and DOJ Announce Expedited Procedure to Provide Antitrust Guidance to Businesses Responding to COVID-19 Pandemic - COVID-19 Update
April 02, 2020
FMC to Address COVID-19 Port Congestion by Engaging Industry Stakeholders - COVID-19 Update
April 02, 2020
FTC and DOJ Announce Changes to Civil Merger Review Process During COVID-19 Pandemic, Including Changes to HSR Early Termination Procedure - COVID-19 Update
April 01, 2020
Communicating With Your Lenders Early and Often Is More Important Than Ever - COVID-19 Update
April 01, 2020
Emergency Orders Increase Access to Medical Care and Reimbursement for Telehealth Services During COVID-19 Public Health Emergency - COVID-19 Update
March 31, 2020
New Jersey Announces Grants for Small Businesses and Expands Employee Benefits Programs for COVID-19-Related Reasons - COVID-19 Update
March 31, 2020
FMCSA Temporarily Extends Commercial Drivers’ Licenses, Permits and Medical Certifications - COVID-19 Update
March 30, 2020
U.S. EPA Issues Guidance for Temporary Enforcement Discretion During COVID-19 Pandemic - COVID-19 Update
March 30, 2020
CARES Act: Implications for Businesses - COVID-19 Update
March 28, 2020
SEC Grants No-Action Relief to Permit Purchase of Debt Securities from Affiliated Mutual Fund* - COVID-19 Update
March 27, 2020
Federal CARES Act Provides Substantial Relief to Employers from Effects of COVID-19 - COVID-19 Update
March 27, 2020
CARES Act: Paycheck Protection Program – Forgivable Loans for Small Businesses - COVID-19 Update
March 27, 2020
Government Contracting Using Emergency Acquisition Flexibilities - COVID-19 Update
March 27, 2020
Remote Online Notarization Emerging as an Essential Business Tool in Ohio - COVID-19 Update
March 27, 2020
SEC Order Extends Reporting and Delivery Exemptions for Certain Public Companies - COVID-19 Update
March 26, 2020
Public-Private Partnership Created for Emergency Drug Packaging Solutions - COVID-19 Update
March 26, 2020
SEC Temporarily Exempts Open-End Funds from Some Short-Term Funding Requirements - COVID-19 Update
March 26, 2020
As More Employees Work Remotely, Protecting Trade Secrets Must Remain “Essential Business” - COVID-19 Update
March 26, 2020
Insider Trading Compliance During the COVID-19 Pandemic - COVID-19 Update
March 25, 2020
DOL Issues Employer Guidance on Implementing Families First Coronavirus Response Act - COVID-19 Update
March 25, 2020
When Your Critical Service Providers Telecommute: Risks and Tips - COVID-19 Update
March 25, 2020
Ohio’s Stay-at-Home Order: Considerations for Regulated Operations - COVID-19 Update
March 25, 2020
Stay-at-Home Orders: Q&A for Businesses with Transportation Operations - COVID-19 Update
March 24, 2020
New York Courts Severely Curtail Litigation Activity in Response to COVID-19 Crisis - COVID-19 Update
March 24, 2020
COVID-19 and International Trade: Status of Trade-Related U.S. Government Agencies & Courts and Helpful Online Resources - COVID-19 Update
March 24, 2020
DHS Issues Guidance on Identification of Essential, Critical Infrastructure Workers - COVID-19 Update
March 24, 2020
Insurance Coverage for Losses Related to the Coronavirus - COVID-19 Update
March 23, 2020
Review Teleworking Cybersecurity Policies and Practices - COVID-19 Update
March 23, 2020
Mitigating COVID-19’s Commercial and Business Impacts: SBA’s Loan Programs - COVID-19 Update
March 23, 2020
FINRA Regulatory Guidance Provides Broker-Dealers Limited Relief Amid COVID-19 Outbreak - COVID-19 Update
March 23, 2020
Ohio Issues Stay-at-Home Order - COVID-19 Update
March 22, 2020
OCR Allows Flexible Telehealth Technology Use During COVID-19 Emergency - COVID-19 Update
March 20, 2020
Top Five Considerations for Construction Projects During the COVID-19 Outbreak - COVID-19 Update
March 20, 2020
SEC Issues Guidance for Registered Funds Facing Operational Challenges Due to COVID-19 - COVID-19 Update
March 20, 2020
Chemical Industry Regulatory Update – March 2020 - A Newsletter from The Adhesive and Sealant Council and Thompson Hine LLP
March 20, 2020
The Federal Government’s COVID-19 Response Requires Employers With Fewer Than 500 Employees to Provide Paid Leave - COVID-19 Update
March 20, 2020
IRS Notice - Tax Payment Extension
March 19, 2020
New York State Enacts Paid Sick Leave for COVID-19 Quarantines, Lowers Percentage of Employees Allowed Onsite - COVID-19 Update
March 19, 2020
FMCSA Expands Emergency Regulatory Relief for Truck Transportation of Essential Supplies, Equipment, and Persons - COVID-19 Update
March 19, 2020
OFCCP Issues National Interest Exemption for Coronavirus Relief Contracts - COVID-19 Update
March 19, 2020
New Employee Leave Benefits Enacted by Families First Coronavirus Response Act - COVID-19 Update
March 19, 2020
Families First Coronavirus Response Act: Five Issues for Benefit Plan Sponsors to Consider - COVID-19 Update
March 18, 2020
SEC Provides Temporary Regulatory Relief for Investment Advisers - COVID-19 Update
March 18, 2020
Frequently Asked Questions about COVID-19 and Employee Privacy - COVID-19 Update
March 18, 2020
SEC Issues Annual Meeting Guidance Amid COVID-19 Concerns - COVID-19 Update
March 17, 2020
SEC Extends Relief Overriding In-Person Board Meeting Requirements - COVID-19 Update
March 16, 2020
COVID-19: DOL Reminds Employers of Their Duties Under the FMLA, ADA and FLSA - COVID-19 Update
March 16, 2020
How Federal Contractors Can Prepare for Coronavirus Disruptions - COVID-19 Update
March 16, 2020
House Passes Families First Coronavirus Response Act - COVID-19 Update
March 16, 2020
OSHA Issues COVID-19 Guidance for Employers - COVID-19 Update
March 13, 2020
The COVID-19 Virus Presents Contracting Opportunities and Challenges to Life Science and Biotechnology Companies - COVID-19 Update
March 13, 2020
Considerations for Practicing Telemedicine During the COVID-19 Pandemic - COVID-19 Update
March 13, 2020
IRS Issues Guidance on High Deductible Health Plans and COVID-19 Expenses - COVID-19 Update
March 12, 2020
Going off Script: Managing the Workplace under the Specter of the COVID-19 Virus - COVID-19 Update
March 09, 2020
Novel COVID-19 Virus, Commercial Contracts and Force Majeure - Business Litigation Update
March 05, 2020
The Coronavirus Threatens U.S. Company Supply Chains - Practical Tips and Contract Considerations to Manage Risk - Transportation Update
February 25, 2020
Employer Policy/Consideration Checklist – Pandemic Plan
Initial Planning
- Organize a planning team
- Designate an executive team member as point person
Recruiting and Hiring
- Make arrangements for remote interview options
- Develop exposure screening questions for in-person interviews
- Train employees on safety protocols (e.g., no shaking hands, communications with recruits)
- Train employees to avoid bias against national origins related to high-risk areas
- Understand the scope of permissible pre- and post-offer questions related to exposure
- Reduce or eliminate temporary hiring
Education and Awareness
- Inform employees about how to prevent spreading disease
- Advise employees to stay at home when sick
- Place posters to reinforce messages (see, e.g., the Centers for Disease Control’s printable materials)
- Advise caution regarding shaking hands
Environment
- Maintain supplies of hand sanitizer and disinfecting wipes
- Frequently clean and disinfect doorknobs, counters, light switches, other touch points
- Perform specialized cleaning of areas where any infected employee has been
Visitors and Onsite Vendors
- Request information regarding recent travel
- Request information regarding symptoms related to COVID-19
- Understand and utilize permissible screenings
- Implement remote work policies for onsite vendors
- Restrict nonessential visitors
Workplace Presence
- Develop or expand voluntary work-from-home policies
- Develop mandatory work-from-home policies
- Consider issues for non-exempt employees (e.g., no required pay for time not worked)
- Consider how to respond to employees who refuse to report to work or attend events due to exposure fears
- Utilize teleconferences or videoconferences instead of in-person meetings
- Minimize or eliminate nonessential events
- Eliminate any requirements for a doctor’s note to justify an absence
Workplace Function
- Plan for absence coverages
- Plan for reassignment of essential duties
- Arrange for staggered work schedules where possible
- Establish temporary succession planning
- Establish contingency plans for temporary workers
- Plan for the redistribution of duties
Travel
- Implement inquiries regarding personal travel to affected areas
- Restrict nonessential business travel
- Develop provisions for employees who become ill during business travel
- Consider investing in (additional) business travel insurance
Evaluation of Employees
- Prepare a script (jointly with legal counsel) for inquiries regarding symptoms
- Consider (jointly with legal counsel) taking temperatures in event of pandemic
Communicate policies with employees in advance - Send home employees with symptoms
- Prepare a script for communications with coworkers who have been exposed
- Send home coworkers who have been exposed
- Identify a procedure for self-reporting exposure by travel, family member, etc.
- Do not request health records from the group health plan or make disability inquiries
Leave Policies/Procedures
- Identify flexibility in leave policies
- Consider expansion of eligibility for approved leaves
Compensation
- Understand payment requirements for exempt employees
- Understand payment requirements for non-exempt employees
- Consider paid time off when employee is not otherwise PTO eligible
- Determine pay policies for quarantined employees
Group Health Plans
- Consult with legal counsel regarding any disclosure of an employee’s health information (see the Department of Health and Human Services’HIPAA bulletin)
- Consider expanding access to HIPAA-compliant telehealth services
- Consider and consult an employee benefits attorney regarding waiving cost-sharing requirements for testing
- Consider expanding coverage for off-formulary prescription drugs in the event of supply shortages
- Understand and plan for the repercussions of coverage loss due to quarantine or workplace shutdown for plans that base eligibility on hours of service
- Consider to what extent expatriate employees may need additional coverage
Other Employee Benefits
- Review contracts with employee benefits vendors for force majeure clauses and governing law that permits reliance on a doctrine of impossibility or frustration
- Consult employee benefits counsel to determine whether a hardship distribution to an affected employee is permissible under your 401(k) plan
- Anticipate changes in 401(k) plan investment options or deferral elections given market volatility
Immigration
- Review where expats are located on assignments and consider if they should be moved back to home countries
- Review visa expiration dates and determine if those visas will be able to be timely renewed in light of limited consulate services and/or limited travel policies
- Review international assignments scheduled for the upcoming months and determine if they will be able to proceed
- Consider H-1B required wage compliance if “benching” employees
- Consider H-1B required wage compliance if H-1B workers request time off
Union Issues
- Consider whether any policies or changes require bargaining
- Coordinate with union representative to discuss contingency planning
Layoffs and Shutdowns
- Understand legal prohibitions on employee termination (e.g., FMLA, USERRA, ADA approved leaves)
- Prepare for potential WARN Act implications
- Determine required and discretionary severance for employees
- Determine required and discretionary continuation of health care benefits (e.g., COBRA)
- Outline a plan for bringing employees back to work
Country-by-Country Guide: Government Measures Taken in Response to COVID-19
In collaboration with our international law firm partners, we are regularly updating a chart compiling key economic, employment, safety and export measures implemented by governments worldwide in response to the COVID-19 pandemic. We will continue to provide the latest version of this summary here on this page (link above) as well as on our SmarTrade blog.
Recent COVID-19-Related Blog Posts:
- “USTR Again Extends Section 301 Tariff Exclusions for Certain Medical Products from China Necessary for COVID-19 Response,” Thompson Hine SmarTrade Blog, March 8, 2021
- “FEMA Extends PPE Export Restrictions and Adds Vaccine-Required Needles and Syringes,” Thompson Hine SmarTrade Blog, January 5, 2021
- “U.S. International Trade Commission Releases Report Regarding Supply Chain Challenges for COVID-19-Related Goods,” Thompson Hine SmarTrade Blog, December 29, 2020
- "USTR Extends Section 301 Tariff Exclusions for Certain Chinese Medical Products Due to COVID-19 Response,” Thompson Hine SmarTrade Blog, December 23, 2020
- “DDTC Extends Telework Exemption for Regular Employees and Considers Making It Permanent,” Thompson Hine SmarTrade Blog, December 10, 2020
- OFAC Updates FAQs to Clarify Scope of Sanctions Targeting Iran’s Construction, Mining, Manufacturing and Textile Sectors,” Thompson Hine SmarTrade Blog, December 9, 2020
- "COVID-ethics: NY okays withdrawal form representation based on fear of infection," Thompson Hine The Law for Lawyers Today, October 29, 2020
- BIS Offers Opportunity for Six-Month Extensions of Export Licenses,” Thompson Hine SmarTrade Blog, October 16, 2020
- "Telemedicine Fraud is the New Opioids: DOJ’s First Health Care Fraud Takedown During COVID-19," Thompson Hine Does Crime Pay? Blog, October 7, 2020
- "Government Obtains Conviction Against Commodities Traders in Partial Win in Spoofing Case," Thompson Hine Does Crime Pay? Blog, September 28, 2020
- "Regulations on Reopening: Avoiding Government Scrutiny and Mitigating Potential Prosecution Risk," Thompson Hine Does Crime Pay? Blog, September 8, 2020
- “USTR Grants Extensions for Certain China Section 301 Tariff Exclusions for Products on List/Tranche 4A,” Thompson Hine SmarTrade Blog, August 31, 2020
- "Fraud Prosecutions on the Horizon: What to Expect in the Near Future from the DOJ," Thompson Hine Does Crime Pay? Blog, August 27, 2020
- “ITC Section 332 Investigation Seeks Public Comment on COVID-19 Related Industry Sectors and Products,” Thompson Hine SmarTrade Blog, August 24, 2020
- "Your Florida house is safe!," Thompson Hine The Law for Lawyers Today, August 20, 2020
- “FEMA Extends and Revises Export Restrictions on Personal Protective Equipment,” Thompson Hine SmarTrade Blog, August 10, 2020
- "False Claims Act Liability for Government Stimulus Funds: A Primer for First Time Recipients of Federal Money," Thompson Hine Does Crime Pay? Blog, July 30,2020
- “Commerce Adds Chinese Companies to Entity List and Implements Licensing Review Process for Certain Items Related to Treatment of Infectious Diseases,” Thompson Hine SmarTrade Blog, July 21, 2020
- "Insider Impacts of COVID-19: Securities Trades and Tipped Information in a COVID-19 Landscape," Thompson Hine Does Crime Pay? Blog, July 16, 2020
- "Screen-surveillance not required for remote depo, SDNY says, but sets other limits," Thompson Hine The Law for Lawyers Today, July 16, 2020
- "It's five o-clock somewhere: Lawyers working remotely from other jurisictions during COVID-19," Thompson Hine The Law for Lawyers Today, July 9, 2020
- “USTR Issues Notice Seeking Public Comment on Extending China Section 301 List/Tranche 4 Product Exclusions, Including Exemptions for Certain Medical Supplies,” Thompson Hine SmarTrade Blog, June 26, 2020
- "Take stock instead of legal fees? Take a hard look and mind the ethics rules," Thompson Hine The Law for Lawyers Today, June 26, 2020
- "Did Thousands of Doctors and Pharmacists Prescribe Dangerous and Ineffective Medication to Treat COVID-19?" Thompson Hine Does Crime Pay? Blog, June 23, 2020
- "Avoiding Liability For Hoarding and Price Gouging During the COVID-19 Pandemic," Thompson Hine Does Crime Pay? Blog, June 16, 2020
- "Efforts to Combat COVID-19 Price Gouging Ramp Up," Thompson Hine Does Crime Pay? Blog, June 10, 2020
- "Increased Attention to COVID-19 Price Gouging from State and Federal Authorities Could Lead to Stiff Civil and Criminal Penalties," Thompson Hine Does Crime Pay? Blog, June 10, 2020
- “FEMA Holding Industry Meeting Thursday, May 21 to Address Production and Distribution of Critical Health and Medical Supplies,” Thompson Hine SmarTrade Blog, May 18, 2020
- “USTR Issues Another Round of China Section 301 Tariff Exclusions for List/Tranche 4 Products, Including Medical Products,” Thompson Hine SmarTrade Blog, May 11, 2020
- “USITC Releases Database Identifying Imported Products Needed for COVID-19 Response; House Ways and Means Chairman Calls for Suspension of Tariffs on Affected Products,” Thompson Hine SmarTrade Blog, May 5, 2020
- “DDTC Issues Notice on Additional Changes to Operational Procedures Due to COVID-19,” Thompson Hine SmarTrade Blog, April 28, 2020
- “FEMA Announces Additional Exemptions to Export Restrictions on Personal Protective Equipment (PPE),” Thompson Hine SmarTrade Blog, April 21, 2020
- “President Trump Issues Executive Order Allowing 90-Day Duty Deferment for Importers Facing Significant Financial Hardship During COVID-19 Pandemic,” Thompson Hine SmarTrade Blog, April 20, 2020
- “USTR Cancels Public Hearing on United States-Kenya Trade Agreement Negotiations; Extends Deadline for Submitting Public Comments,” Thompson Hine SmarTrade Blog, April 13, 2020
- “UPDATE: New Version of the Global COVID-19 Government Measures Guide,” Thompson Hine SmarTrade Blog, April 11, 2020
- “FEMA Announces Export Restrictions on Personal Protective Equipment (PPE),” Thompson Hine SmarTrade Blog, April 9, 2020
- “House Ways & Means and Senate Finance Chairmen Request Expedited ITC Section 332 Investigation to Identify COVID-19 Imported Goods,” Thompson Hine SmarTrade Blog, April 8, 2020
- “Government Measures Worldwide in Response to COVID-19,” Thompson Hine SmarTrade Blog, April 7, 2020
- "USTR Issues China Additional Section 301 Tariff Exclusions, Including Exemptions for Certain Medical Supplies," Thompson Hine SmarTrade Blog, March 29, 2020
- "Country Guide: COVID-19 Foreign Government Measures," Thompson Hine SmarTrade Blog, March 28, 2020
- "COVID-19 and International Trade: Status of Trade-Related U.S. Government Agencies & Courts and Helpful Online Resources,” Thompson Hine SmarTrade Blog, March 22, 2020
- "USTR Seeks Comments on Possible Modifications to China Section 301 Tariffs in Response to COVID-19," Thompson Hine SmarTrade Blog, March 22, 2020
- "U.S. Trade Agencies and Courts Begin to Adjust to COVID-19 Concerns," Thompson Hine SmarTrade Blog, March 17, 2020
- "Helpful COVID-19 Web Resources for International Trade Professionals," Thompson Hine SmarTrade Blog, March 17, 2020
- "USTR Issues Additional China Section 301 Tariff Exclusions, including Exemptions for Certain Medical Supplies Helping to Curb Coronavirus Spread," Thompson Hine SmarTrade Blog, March 15, 2020
- "USTR Issues Section 301 Product Exclusions for Medical Supplies to Help Curb Coronavirus Spread," Thompson Hine SmarTrade Blog, March 9, 2020
- Business Litigation – Brian Lanciault
212.908.3945, Brian.Lanciault@ThompsonHine.com
- Business Restructuring, Creditors' Rights
& Bankruptcy – Curtis L. Tuggle
216.566.5904, Curtis.Tuggle@ThompsonHine.com
- Commercial & Public Finance – Irving C. Apar
212.908.3964, Irving.Apar@ThompsonHine.com
- Construction – Jeffrey R. Appelbaum
216.566.5548, Jeff.Appelbaum@ThompshonHine.com
- Corporate Transactions & Securities – Rob D. Powell
614.469.3274, Rob.Powell@ThompsonHine.com
- Employee Benefits & Executive Compensation – Kim Wilcoxon
513.352.6524, Kim.Wilcoxon@ThompsonHine.com
- Environmental – Nathan C. Hunt
937.443.6908, Nathan.Hunt@ThompsonHine.com
- Government Contracts – Tom Mason
202.263.4168, Thomas.Mason@ThompsonHine.com
- Health Care – Cori R. Haper
937.443.6856, Cori.Haper@ThompsonHine.com
- Intellectual Property – Roger H. Bora
937.443.6817, Roger.Bora@ThompsonHine.com
- International Trade – David M. Schwartz
202.263.4170, David.Schwartz@ThompsonHine.com
- Labor & Employment – Deborah S. Brenneman
513.352.6638, Debbie.Brenneman@ThompsonHine.com
- Life Sciences – Faith L. Charles
212.908.3905, Faith.Charles@ThompsonHine.com
- Personal & Succession Planning – James Spallino, Jr.
216.566.5865, James.Spallino@ThompsonHine.com
- Privacy & Data Security – Thomas F. Zych
216.566.5605, Tom.Zych@ThompsonHine.com
- Product Liability Litigation – William J. Hubbard
216.566.5644, Bill.Hubbard@ThompsonHine.com
- Real Estate – Patrick Abell
216.566.7978, Patrick.Abell@ThompsonHine.com
- Tax – Thomas J. Callahan
216.566.5612, Tom.Callahan@ThompsonHine.com
- Transportation – Karyn Booth
202.263.4108, Karyn.Booth@ThompsonHine.com
The global COVID-19 pandemic is an unprecedented situation with developments occurring at a rapid pace. As such, our previous client updates and webinars may contain information that has changed since publication. Please be sure to refer to our most recent publications and contact your Thompson Hine lawyer for additional information.
OSHA's New COVID-19 ETS: Implications for Employers - 11.10.2021
Path Out of the Pandemic: Challenges for Employers - 9.15.2021
Navigating a New North America – Trade, Supply Chain & Energy Issues in a Post-Pandemic and USMCA World - 5.12.2021
Emerging from Pandemic: Moving Forward as a Healthy Region - 4.20.2021
The American Rescue Plan: Key Benefits & Employment Takeaways - 4.1.2021
Managing the 2021 Workplace: Vaccines, FFCRA, Remote Working and More - 1.14.2021
Navigating Employment & Employee Benefits Issues in Uncertain Times – Session 2 –Employee Benefits Updates: Retirement Plans, Health & Welfare Plans and ERISA Litigation – 11.20.2020
Uncharted Territory: New Employment Issues Raised by the Pandemic Webinar - 8.13.20202
Applying Lessons Learned to Address EH&S Concerns During the COVID-19 Pandemic and Beyond - 7.16.2020
Preparing Your Business for the COVID-19 World: Selling to the Government - 6.23.2020
Preparing Your Business for the COVID-19 World: Product Pricing Issues - 6.16.2020
Preparing Your Business for the COVID-19 World: Environmental Compliance - 6.9.2020
Recent CFIUS Developments: Regulatory Changes and Impact of COVID-19 Pandemic on National Security Concerns - 5.27.2020
Preparing Your Business for the COVID-19 World: Paycheck Protection Program (PPP) Loans - 5.26.2020
Preparing Your Business for the COVID-19 World: M&A Transactions - 5.19.2020
Preparing Your Business for the COVID-19 World: Force Majeure Clauses - 5.12.2020
Return-to-Work Considerations for Employers Webinar - 5.7.2020
Preparing Your Business for the COVID-19 World: Insurance Considerations Webinar - 5.5.2020
COVID-19 Impact on International Trade Webinar - 4.30.2020
Preparing Your Business for the COVID-19 World Webinar: Session One
Opening Pandora's Box Protecting Your Business by Ensuring a Safe Environment for Employees and Customers – April 28, 2020
The FFCRA Is in Effect: What Now for Employers? Webinar – April 8, 2020
The CARES Act: Employment & Benefits Update Webinar – April 01, 2020
Retirement Considerations in a COVID-19 Environment Webinar – March 27, 2020
Workforce Management Considerations in the COVID-19 Era Webinar – March 24, 2020
Families First Coronavirus Response Act: Next Steps for Employers Webinar – March 20, 2020
COVID-19: Planning Considerations for Employers Webinar – March 10, 2020
