Families First Coronavirus Response Act: Small Business Exemptions

The Department of Labor published regulations governing the Families First Coronavirus Response Act on April 1, 2020. While containing extensive explanations of terms and provisions throughout the entire FFCRA, one section is particularly noteworthy for small businesses. The language of the FFCRA provided that small private employers with fewer than 50 employees could be exempt …Read More

Families First Coronavirus Response Act: what employers should know

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The Families First Coronavirus Response Act (FFCRA), which includes the Emergency Paid Sick Leave Act and the Emergency Family and Medical Leave Expansion Act, paid leave provisions are effective on April 1, 2020 and apply to leave taken between April 1, 2020 and December 31, 2020. The Wage and Hour Division (WHD) of the Department of Labor issued detailed guidance and the required notice for employers to post.

COVID-19 and Business Interruption Coverage: Pending Legislation

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On March 23, we wrote about potential insurance claims arising from COVID-19 shutdowns and disruptions that businesses could assert under the business interruption coverage in their property damage insurance. Since then, bills have been filed in several state legislatures – including Ohio – that seek to ensure that this coverage exists.

Frustration of Purpose And Excused Contractual Performance After A Government Shut Down

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By: William K. Flynn State and local governments are taking aggressive actions to contain the spread of the COVID-19 virus, including official and unofficial quarantines, “social distancing,” stay at home requirements, and cancellation of public events. I wrote the other day addressing the potential implications of a pandemic relative to negotiated force majeure provisions commonly …Read More

A Message from Marshall K. Dosker, President, Strauss Troy

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To all clients and friends of Strauss Troy:

We hope that you remain well during these challenging times. Like you, we at Strauss Troy have been busy preparing and planning for all aspects of this unprecedented event.

Business Interruption Insurance Claims Arising from COVID-19

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Most businesses have business interruption insurance that is one of the coverages provided in property damage policies. Business interruption coverage may or may not provide reimbursement for some of the losses sustained by businesses as a result of the coronavirus shutdown. This will depend on the exact language of the policy and the exact circumstances causing the business interruption.

Force Majeure: Will COVID-19 excuse performance of your contract?

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Added to to stressors faced by business owners or operators during this pandemic is whether they will be able to meet contractual commitments or expect return performance by counter parties.  Looking past the current disruption in every corner of the economy, businesses are going to increasingly confront questions about force majeure and related contract concepts of impracticability of performance or frustration of purpose.