Since the April 1, 2020 enactment of the Families First Coronavirus Response Act (“FFCRA”), employers have been awaiting guidance from the U.S. Department of Labor’s Wage and Hour Division. On April 6, 2020, the DOL issued final regulations implementing the Emergency Paid Sick Leave Act (“EPSLA”) and the Emergency Family and Medical Leave Expansion Act (“EFMLA”), which provide paid leave for qualifying reasons having to do with the COVID-19 pandemic. Highlights of the new DOL guidance include: Small Business Exemption In the new regulations, the DOL has set forth specific criterial for determining when an employer with fewer than 50 employees can deny an employee paid sick leave under ... Continue Reading
Partner Barbara Marschalk Assists in Creating a Platform for Plaintiff and Defense Lawyers to Provide Meals for Health Care Workers During COVID-19
Partner Barbara Marschalk, along with an attorney from Steward Trial Lawyers and the Butler Law Firm, have developed The People vs. Coivd19, a website centered around uniting defense and plaintiffs attorneys, to gather donations from the legal community to provide meals for healthcare workers and support local businesses. The People vs. Covid19 is linked to a GoFundMe page where website visitors can make donations. Once a donation has been made, their name will be included in the list of donors scrolling at the bottom of the page. The platform has proven to be successful, as it has reached $12,000 in donations as of Wednesday, April 8th. The use of #thePeoplevsCovid19 has been encouraged to ... Continue Reading
SBA ADOPTS PAYCHECK PROTECTION PROGRAM INTERIM FINAL RULE
On April 2, 2020, the Small Business Administration (SBA) issued an interim final rule (Rule) applicable to sections 1102 and 1106 of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act or the Act). As addressed in a prior Drew, Eckl & Farnham memorandum, Section 1102 of the Act temporarily adds the Paycheck Protection Program (PPP) to the U.S. Small Business Administration’s (SBA’s) 7(a) Loan Program, and Section 1106 of the Act provides for forgiveness of up to the full principal amount of loans guaranteed under the Paycheck Protection Program. The Rule outlines key provisions of SBA’s implementation of sections 1102 and 1106 of the Act and provides additional guidance ... Continue Reading
PREPARING FOR COVID-19 RELATED FIRST PARTY PROPERTY CLAIMS – GEORGIA: EDITION 8
With the spread of COVID-19 in the U.S., many insurers are preparing for possible COVID-19 related first party property claims by reviewing what coverages and exclusions might be applicable to such claims. While any claim is dependent on the specific terms of the policy issued to each insured, insurance companies should consider certain coverages and exclusions as a checklist. Partners Karen Karabinos and Eric Mull will address a coverage provision or exclusion each day. Today, we focus on a general discussion of bad faith claims in Georgia and recommendations for handling of Georgia COVID-19 claims to hopefully avoid a jury awarding bad faith damages to an ... Continue Reading
PREPARING FOR COVID-19 RELATED FIRST PARTY PROPERTY CLAIMS – GEORGIA: EDITION NO. 7
With the spread of COVID-19 to the U.S., many insurers are preparing for possible COVID-19 related first party property claims by reviewing what coverages and exclusions might be applicable to such claims. While any claim is dependent on the specific terms of the policy issued to each insured, insurance companies should consider certain coverages and exclusions as a checklist. Partners Karen Karabinos and Eric Mull will address a coverage provision or exclusion each edition of this series. Today, we focus on a general discussion of suit limitation clauses, their treatment under Georgia law, and the impact COVID-19 will have on suit limitation clauses Under Georgia law, suit ... Continue Reading
PREPARING FOR COVID-19 RELATED FIRST PARTY PROPERTY CLAIMS – GEORGIA: EDITION 6
With the spread of COVID-19 to the U.S., many insurers are preparing for possible COVID-19 related first party property claims by reviewing what coverages and exclusions might be applicable to such claims. While any claim is dependent on the specific terms of the policy issued to each insured, insurance companies should consider certain coverages and exclusions as a checklist. Partners Karen Karabinos and Eric Mull will address a coverage provision or exclusion each day. Today’s focus is on force majeure. As we navigate through these uncertain times, with COVID-19 continuing to force event cancellations and business closures, many insureds are looking to the “Act of God” ... Continue Reading
Preparing for COVID-19 Related First Party Property Claims – Georgia: Edition 5
With the spread of COVID-19 to the U.S., many insurers are preparing for possible COVID-19 related first party property claims by reviewing what coverages and exclusions might be applicable to such claims. While any claim is dependent on the specific terms of the policy issued to each insured, insurance companies should consider certain coverages and exclusions as a checklist. Partners Karen Karabinos and Eric Mull will address a coverage provision or exclusion each day. Today’s focus is on the Virus and Bacteria Exclusion. Property insurance policies contain exclusions precluding coverage under certain circumstances. One exclusion potentially relevant to COVID-19 claims is ... Continue Reading
UPDATE: Amicus Brief Filed in the Supreme Court of Georgia on the Constitutionality of Georgia’s Punitive Damages Statute
Elissa Haynes, Chair of the Georgia Defense Lawyers Association's ("GDLA") Amicus Curiae Committee, co-authored an amicus curiae brief filed in the Supreme Court of Georgia on behalf of the GDLA. The brief was filed in response to the Georgia Supreme Court's invitation to the GLDA and Attorney General's Office to express their views on the constitutionality of whether O.C.G.A. § 51-12-5.1, Georgia's punitive damages statute, violates the provision of the Georgia Constitution protecting the right to trial by jury and providing for the separation of powers. Chief Justice Harold D. Melton announced on March 27 that the Supreme Court of Georgia is gearing up to hold oral arguments ... Continue Reading
Preparing for COVID-19 Related First Party Property Claims – Georgia: Edition 4
Partners Karen Karabinos and Eric Mull continue their analysis of coverage provisions and exclusions that may be involved in COVID-19 related first party property claims. Today’s focus is on coverage for extra expenses. COVERAGE PROVISION – EXTRA EXPENSES Commercial property insurance policies generally cover extra expenses incurred by the insured in connection with a covered loss. Extra expenses typically are associated with coverage for business interruption. But what are covered extra expenses? While it depends on the terms of each policy, two types of extra expense coverage are usually found. One provision provides coverage for costs the insured incurs to reduce or avoid a ... Continue Reading