Coronavirus Resources

• EEOC Clarifies Employers Not Automatically Required to Allow Telework Opportunities Post-Pandemic (September 15, 2020)
• Court Rules with New York: DOL “Jumped the Rail” in Restricting Pandemic Paid Leave (August 3, 2020)
• Embracing a New Normal: COVID-19 Reporting Requirements on the Horizon for California Employers? (July 24, 2020)
• Employers Should Review OSHA’s New Guidance on Safely Returning Employees Back to Work Post-COVID-19 (July 6, 2020)
• DOL Issues New FFCRA Guidance on School, Summer Camp, and Related Program Closures (June 30, 2020)
• New York State Provides Death Benefits for Families of Front-Line Government Workers Who Die Due to COVID-19 (June 3, 2020)
• Summer Activity Cancellation Likely To Lead to Surge in Employee Leave Requests (June 1, 2020)
• EEOC Updates Guidelines to Allow Employers to Administer COVID-19 Testing on Employees (May 6, 2020)
• Pennsylvania Businesses Directed to Implement Public Health Safety Measures (April 17, 2020)
• New Jersey Expands Protections of the Family Leave Act and Amends Mini-WARN Act Amid COVID-19 Pandemic (April 16, 2020)
• NYS EDS Releases New Guidance: “Essential Businesses” Definitions and Waivers (April 9, 2020)
• City of Los Angeles Enacts Modified Supplemental Paid Sick Leave Ordinance and New “Worker Protection Order” (April 9, 2020)
• NYS Requires Payment of COVID-19-Related Sick Leave by New York Employers (April 9, 2020)
• DOL Publishes Temporary Regulations Interpreting Paid Leave Under FFCRA (April 2, 2020)
• Los Angeles City Passes New Ordinance Requiring Large Employers to Provide Paid Sick Leave in Addition to Pre-Existing State and Local Paid Sick Leave Mandates (April 1, 2020)
• CARES Act: Loans to Cover Payroll, Unemployment Expansion, and Other Impacts for Employers (March 31, 2020)
• DOL Provides Further Guidance on FFCRA’s Emergency Paid Sick Leave and Emergency Family Medical Leave and Publishes Required Poster (March 31, 2020)
• New York State Mandates Total Reduction of Onsite Workforces for Non-Essential Businesses, Guarantees Job Protection and Pay for Quarantined Workers (updated March 27, 2020)
• DOL Offers First Guidance on Emergency Paid Sick Leave and Emergency Family Medical Leave—Now Effective April 1, 2020 (March 25, 2020)
• California Governor Suspends Strict Employer Compliance With California WARN Act (March 19, 2020)
• Federal Families First Coronavirus Response Act (March 19, 2020)
• Pennsylvania COVID-19 Response (March 19, 2020)
• NJDOL Provides Guidance on Potential Compensation Benefits for COVID-19 (March 16, 2020)
• Employers Should Plan—Not Panic—Against the Presence of Coronavirus in the Workplace (March 2, 2020)

• D.C. Court Rules No Coverage for COVID-19 Losses Because of Lack of Any “Physical Loss” (August 10, 2020)
• Carrier Prevails in First COVID-19 Business Interruption Ruling (July 20, 2020)
• Western District of Pennsylvania Remands Restaurant’s COVID-19 Coverage Case Back to State Court (May 21, 2020)
• Pennsylvania Supreme Court Declines to Exercise Jurisdiction Over All COVID-19 Insurance Litigation in Pennsylvania (May 15, 2020)
• Motion to Dismiss in Prime Time Sports Grill Suit Lays Foundation for Arguments Against COVID-19 Insurance Coverage (May 14, 2020)
• Class Actions Continue to Drive COVID-19 Insurance Coverage Litigation While Manufacturer, Insurer Bring New Suits (April 28, 2020)
• New COVID-19 Coverage Claims Indicate Expanding Scope of Coming Litigation (April 17, 2020)
• South Carolina, Pennsylvania Propose Mandating Coverage While New York and New Jersey Expand Existing and Proposed Policyholder Protections (April 15, 2020)
• New York Lawmakers Forgo Extension of Child Victims Act’s Look-Back Window … For Now (April 9, 2020)
• Louisiana Considers Coronavirus Legislation on Business Loss Coverage, New Requirements on Future Policies and Exclusions, and Bad Faith Immunity (April 3, 2020)
• Restaurant Groups Serve COVID-19 Coverage Lawsuits in California and Illinois (April 2, 2020)
• COVID-19 Impact on New York Court System Triggers Calls for Extension of the Child Victims Act Look-Back Window (March 31, 2020)
• New York Joins States Proposing Legislation to Mandate Business Interruption Coverage for COVID-19 Related Losses (March 31, 2020)
• Massachusetts Division of Insurance Asks Medical Malpractice Insurers to Review Coverage Provided for COVID-19 Related Claims (March 31, 2020)
• Additional States Target Insurers as COVID-19’s Effects on Economy Reverberate (March 27, 2020)
• COVID-19 Coverage Litigation Heats Up: Two New Lawsuits Filed In Oklahoma (March 25, 2020)
• Insurers Should Beware of Bad Faith Setups as COVID-19 Pandemic Drives Many to Work Remotely (March 25, 2020)
• Update: New Jersey Legislature To Vote On Bill Requiring Insurers to Cover COVID-19 Business Interruption Losses (A-3844) (March 24, 2020)
• California Mandates 60-Day Premium Grace Period, State Agencies Follow with Additional Policyholder Protections (March 23, 2020)
• First COVID-19 Insurance Coverage Lawsuit Filed in Louisiana: Harbinger of First-Party Claims to Come (March 20, 2020)
• UPDATE: New Jersey’s Mandated Business Interruption Coverage Proposal Held Indefinitely (March 19, 2020)
• NYDFS Asks Insurers to Explain Benefits for Business Interruption Coverage (March 18, 2020)
• NJ May Require Insurers to Cover COVID-19 Business Interruption Losses (March 16, 2020)

• New York Rolls Back Immunity to Nursing Homes and Health Care Service Providers (August 6, 2020)
• New York State Advances Legislation Substantially Weakening COVID-19 Health Care Civil Liability Immunity (July 24, 2020)
• Executive Order Authorizes New York Commissioner of Health to Revoke Operating Certificates and Place Long-Term Care Companies in Receivership for Non-Compliance (June 24, 2020)
• New York Lawmakers Seek to Repeal Statute Granting Immunity to Nursing Homes (May 22, 2020)
• New York Executive Order Requires Bi-Weekly Testing at Nursing Homes and Prohibits Hospitals from Transferring COVID-19-Positive Patients to Nursing Homes (May 11, 2020)
• Pennsylvania Executive Order Affords COVID-19 Civil Liability Immunity to Health Care Practitioners, But Not Facilities (May 7, 2020)
• White House Announces Initiatives to Bolster Nationwide COVID-19 Response in Long-Term Care Facilities (May 1, 2020)
• CMS to Issue Requirements Regarding Nursing Home COVID-19 Reporting (April 20, 2020)
• New Jersey Bill Affords Immunity for COVID-19 Medical Care (April 16, 2020)
• New York’s Emergency Disaster Treatment Protection Act Provides Immunity for Hospitals, Nursing Homes, and Staff Related to Treatment of COVID-19 Patients (April 15, 2020)
• New Jersey Executive Order Implements Limited Civil Immunity for COVID-19 Health Care (April 2, 2020)
• COVID-19 Update: New York State Releases Advisory on Coronavirus and Admission to Nursing Homes (March 27, 2020)
• New York Loosens Health Care Regulations, Offers Civil Liability Immunity in Response to Coronavirus (March 26, 2020)
• CMS Takes Action Regarding Coronavirus Concerns in Nursing Homes and Hospitals (March 9, 2020)

• COVID-19 Essential Worker Bill Becomes Law (September 15, 2020)
• Executive Order Creates Rebuttable Presumption for COVID-19 Workers’ Compensation Claims in Connecticut (July 27, 2020)
• NY Workers’ Compensation COVID-19 Update: Board Announces Medical Director’s Office Appointments and Bulletin (June 26, 2020)
• NY Workers’ Compensation COVID-19 Update: Board Releases “COVID-19 and Workers’ Compensation” Q&A (June 12, 2020)
• Illinois Passes Amendment Creating Rebuttable Presumption in COVID-19 Workers’ Compensation Claims (June 11, 2020)
• Court Rules in Favor of Employers, Temporarily Blocks IWCC Emergency COVID-19 Rule (April 24, 2020)
• Final IWCC COVID-19 Rule in Effect: What’s Changed and What Employers Need to Know (April 20, 2020)
• Illinois Workers’ Compensation Commission Announces COVID-19 Amendment to Rules of Evidence: Impact and Claims-Handling Recommendations (April 14, 2020)
• NY Workers’ Compensation Weekly COVID-19 Update (April 10, 2020)
• NY Workers’ Compensation Weekly COVID-19 Update (April 3, 2020)
• COVID-19 and California Workers’ Compensation Claims: Compensability and Risk Avoidance Considerations (March 26, 2020)
• Important Court Update: New Jersey Workers’ Compensation Court to Close Through April 3: COVID-19 (March 16, 2020)

• “Suit Reveals Insurer Defense Against COVID-19 Coverage,” Law360, May 21, 2020
• “Legal Malpractice and COVID-19: A Q&A with Two Legal Malpractice Insurance Carriers,” PLDF, May 21, 2020
• “Employers are Bracing for Four Types of Employment Claims Arising Out of the COVID-19 Pandemic,” GS Whitepaper (republished in Advisen Front Page News), May 18, 2020
• “Every Business in New York State Must Have a Reopening Plan. Here’s What to Know,” Buffalo Business First, May 18, 2020
• “Supreme Court Hands Insurers ‘Small Victory’ on COVID-19 Litigation,” Claims Journal, May 17, 2020
• “Disasters, Catastrophic Events, and Pandemic: Identifying and Understanding the Agent/Broker E&O Risks and Preparing to Defend the Coming Wave of Claims,” PLUS Journal,Spring/Summer 2020
• “Student Debt Collection Businesses Face Looming Shortfalls,” Buffalo Business First, May 12, 2020
• “‘What We Are Confronting Now Is Really Unprecedented.’ Coronavirus-Related Lawsuits Are About to Flood the Courts,” MarketWatch, May 8, 2020
• “The New Normal: Eight Ways the Coronavirus Crisis Is Changing Construction,” Construction Dive, April 30, 2020
• “Communication Is Key to Avoid Lawsuits in the Age of COVID-19,” Buffalo Business First, April 30, 2020
• “Essential Contract Terms to Include in All Construction Contracts,” Construction Executive, April 29, 2020
• “OSHA Safety and Reporting Guidelines: Changes in Response to the Novel Coronavirus Pandemic and Impact on the Construction Industry,” IADC Construction Law and Litigation Committee Newsletter, April 2020
• “Legal Experts Prepare for Battle Over Business Interruption Coverage,” Business Insurance, April 14, 2020
• “Play Ball? Attys Say Starting MLB Season Amid Virus Is Risky,” Law360, April 9, 2020
• “Viewpoint: Anticipated Coronavirus Claims Scenarios Across Major Coverage Lines,” Claims Journal
• “Risk Mitigation Strategies in the Time of COVID-19,” CPA Now
• “OSHA Guidance for Virus Protection,” American Cranes & Transport
• “Virus Could Spur Avalanche of Tort and Employment Litigation,” Courthouse News
• “Telecommuting Puts Anti-Harassment Measures in Focus,” Business Insurance
• COVID-19 Property Coverage Claims, Timely Notice podcast
• “Massachusetts Reinforces Support for the Medical Necessity Model,” Cannabis Business Times
• “Despite Questions of Coverage, Insurers Could Still Be Hit With Litigation Costs,” A.M. Best
• “How Each Coast is Treating the Cannabis Industry During the COVID-19 Outbreak,” Cannabis Business Times
• “Coronavirus Dilemma: For Some, a Choice Between Being Sick and Being Paid,” The Buffalo News
• “‘Claims in Every Form of Coverage’: Coronavirus Set to Test Insurers,” Advisen
• “Preparing Policies, Internal Comms for Public Health Crises,” Law360
• “Employers Face ‘Gray Area’ with Comp, Coronavirus: Expert,” Business Insurance

Environmental Law Monitor (View all COVID-19 posts here)

• • U.S. EPA Issues Interim Guidance On Site Field Work In Times Of COVID-19
  • NGOs Petition U.S. EPA for “Emergency Rule” to Require Disclosure of Environmental Noncompliance Due to COVID-19
  • COVID-19’s Side Effect on Global Climate Change

The Insurance and Reinsurance Report

• • Coronavirus Consumer Protection Class Action: First Up – Germ-X
  • New Jersey Legislature Considers Bill Requiring Insurers to Pay for Coronavirus-Related Business Interruption Losses Regardless of Policy Terms

Life Science Matters (View all COVID-19 posts here)

• • Legal Immunity and COVID-19 Recovery: Thorny Issues Abound
  • Liability Immunity Now Extended to Manufacturers of Any NIOSH-Approved Respirator Used as a COVID-19 Countermeasure, Including Those Not Intended for Medical Applications
  • COVID-19, Duty to Warn, and Potential Product Misuse

Sports and Entertainment Law Insider™

• • First Diagnosed Case of Coronavirus in NHL

Workers’ Compensation Defense

• • COVID-19: Connecticut Workers’ Compensation Commission Institutes Temporary Emergency Guidelines

Contact us to receive a recording of the following webinars:

• • February 27, 2020–Managing Through the Flu, Coronavirus, and Other Illnesses in the Workplace
  • March 20, 2020–COVID-19: How to Respond to Workers’ Compensation Claims
  • April 2, 2020–Potential Coverage Implications Surrounding COVID-19
  • April 8, 2020–COVID-19 Toxic Exposure Claims
  • April 10, 2020–COVID-19 and the Impact on Long-Term Care Facilities
  • April 14, 2020–Potential First-Party Coverage Issues Arising From COVID-19 Claims
  • April 29, 2020–Understanding the Impact of COVID-19 on Workers’ Compensation and Liability Claims in the Show-Me State
  • May 5, 2020–Here Comes the Sun: Preparing for Employees Returning to Work
  • May 12, 2020–Evolving COVID-19 Property and Liability Claims as America Returns to Work
  • May 13, 2020–Workers’ Compensation in the Transformed Workplace
  • May 14, 2020–Environmental Compliance Amidst A Health Crisis: Essential Sites, Key Reporting Requirements, and Managing The Aftermath
  • May 19, 2020–Bringing Offline Online: Return-to-Work Considerations for the Post-COVID-19 Retail Landscape
  • May 20, 2020–Construction Worksite Liability in the Age of COVID-19
  • May 21, 2020–Defending COVID-19 Negligence Claims
  • June 1, 2020–The Evolving COVID-19 Landscape in Long-Term Care Facilities
  • June 4, 2020–Contracts and COVID-19: Navigating Contract Terms Impacted by the Pandemic and Demystifying Loan Forgiveness Under the CARES Act
  • June 18, 2020–COVID-19 and the New York Labor Law: Did a Bad Situation Just Get Worse?
  • June 25, 2020–Employment Screening: Background Checks, Drug Testing, and COVID-19
  • June 30, 2020–Winds of Change: The COVID-19 Pandemic’s Lasting Impact on Claims Adjustment Through the 2020 Hurricane Season and Beyond
  • August 20, 2020–OSHA and COVID-19: Enforcement Update, Exposure Control Plans, and PPE
  • September 15, 2020–Applying the Acts or Decisions and Loss of Market Exclusions to COVID-19 Business Interruption Claims

View the following webinars:

• • New Paid Leave Policies for COVID-19: Clarity for Employers (Buffalo Niagara Partnership)
  • Nonprofits in the Age of COVID-19: A Survival Guide (USLI)

• September 24, 2020–Pay Equity: The Pandemic’s Effects on the Pay Gap and Family Leave

Click here to request a copy of:

• • Back-to-Work Checklist—For Returning Employees to Work after the COVID-19 Pandemic
  • COVID-19 Communications: Challenges and Practice Points for Organizations and Executives
  • Construction in the COVID-19 Environment: Guide to Safety, Compliance,
  • Employment, Comp, and Contracts
  • COVID-19 and Economic Uncertainty: Preparing for Anticipated Bankruptcy Issues Guide
  • Coronavirus and Employment Policy FAQs
  • Coronavirus Insurance Coverage Resource Kit
  • COVID-19 and Potential Exposure in Workers’ Compensation Claims: New York State
  • COVID-19 and Potential Exposure in Workers’ Compensation Claims: State-by-State Guide
  • COVID-19 and Workplace Illness: Responding to Media Inquiries
  • Insurance Agent and Broker Loss Control: Keys to Avoiding and Mitigating E&O Risk in the COVID-19 Environment Tip Sheet
  • Managing Your Law Practice and Avoiding Malpractice in the COVID-19 Environment: A Guide
  • Regulatory Response to COVID-19: State-by-State Guide
  • Student Debt Collection in the COVID-19 Environment: Risk-Mitigation Guide

• Court Orders and Updates During COVID-19 Pandemic
• State-by-State Workers’ Compensation Boards
• State-by-State Executive Orders
• Guidance on Preparing Workplaces for COVID-19