Coronavirus Resources

News is being widely reported of a pending Executive Order to be issued by President Biden to require, in part, private employers with 100 or more employees to mandate vaccinations and/or weekly testing for Covid-19. While the details of the specific requirements are yet to be determined, it is anticipated that employers that fail to comply will be subject to significant civil penalties. The employment practice group at WSHB is closely monitoring the developments and working with both national and regional clients to prepare for the new regulations from the Department of Labor. For more information on compliance or for consultation on how this Executive Order may impact your business, please contact firm partners Robert Hellner, Dana Ring and Christian Gunneson.

On August 12, 2021, the U.S. District Court – District of New Jersey, ruled that a group of restaurants located at the Jersey Shore were not entitled to coverage as a result of losses incurred due to Covid-19 under certain policies that contained a virus exclusion.

The restaurants sought to recover benefits under Business Income and Extra Expense coverage provisions pursuant to their applicable policies. These claims were denied under a Virus Exclusion in the policies. The restaurant brought suit, seeking a declaration that Defendant, Twin City Fire Insurance Company, was obligated to provide coverage for the restaurants' alleged losses, asserting claims of breach of contract and bad faith.

The Covid-19 crisis transformed the online community drastically as individuals and businesses quickly pivoted their operations to accommodate remote work. With this change also came increased lawsuits in the area of digital accessibility. An accessibility claim involves a plaintiff alleging that a business' website or mobile application contains content that is inaccessible to users with certain disabilities or impairments. Accessibility claims grew in number in 2020, with a 23% increase from 2019-2020.

In Bridges v. Houston Methodist Hospital, No.4:21-CV-01774 (U.S. District Court for the Southern District of Texas), a federal judge dismissed a lawsuit filed by 117 employees against Houston Methodist Hospital after they sued their employer for requiring a Covid-19 vaccination in order to retain employment. This case is important because it is the first decision of its kind regarding an employer-mandated vaccination requirement as a condition of employment. As the country continues to reopen after over a year weathering the pandemic, employers are now navigating new employment waters with little to no precedent upon which to rely. This decision provides helpful guidance, although courts in other jurisdictions may rule differently, particularly those that enacted statutory causes of action for wrongful termination on public policy grounds.

On Tuesday, April 14, 2020, Governor Murphy announced that he signed S-2333/A-3910, which is effective immediately and retroactive to March 9, 2020. S-2333/A-3910 provides immunity to healthcare facilities and professionals from civil and criminal claims resulting from injury or death in treating COVID-19 patients. Under the bill, a "healthcare professional" includes physicians, physician assistants, advanced practice nurses, registered nurses, licensed practical nurses, or other healthcare professionals who are authorized to provide health care services in New Jersey, as well as, EMTs or mobile intensive care paramedics who are "certified by the Commission of Health pursuant to Title 26 of the Revised Statutes or is otherwise authorized to provide health care services in the state."

Recent studies are now starting to show that the COVID-19 virus is, on average, trending slightly downward in the United States. It is becoming clear that the safety measures put in place throughout our country are at least starting to work. As a result, the legal world may be transitioning into a different phase of pandemic management—one focused less on the measures used to improve safety, and more on the ongoing enforcement and aftermath of these measures.

Nevada’s Governor, Steve Sisolak, declared a state of emergency in Nevada on March 12, 2020 as a result of the COVID-19 pandemic. Since March 12, 2020 the Governor has issued a number of emergency directives. Most recently, an Emergency Directive for the State of Nevada was issued as follows: “Any specific time limit set by state statute or regulation for the commencement of any legal action is hereby tolled from the date of this Directive until 30 days from the date the state of emergency declared March 12, 2020 is terminated.”

As we all come to understand the impact of the FFCRA, effective April 1, 2020, the most common question I am asked is, “how are businesses supposed to pay for this?” The question comes even more frequently as our nation faces a wave of mandatory business closures and shelter-at-home orders. As noted in my earlier alert, the FFCRA provides certain payroll tax credits to help offset the cost of expanded paid sick leave and paid FMLA leave under the Act, and more help is on the way.