CalNeva Law Podcast

Stephen Rogers is a training specialist with over 30 years of field and classroom experience. He is the Program Coordinator for Nevada's Safety Consultation and Training Section (SCATS). In this week's episode, he answers some of the top questions he's been receiving about how to safely protect your staff from COVID-19.

Highlights:

• Stephen provides, through Nevada OSHA, safety consultation and training.
• What kinds of services does OSHA offer and how can Nevada business owners take advantage of this?
• Stephen has been getting a lot of feedback that business owners haven't been able to find the right safety equipment (masks) to get their people back to work safely.
• What masks are acceptable to use on the job?
• What's the best way to get a 'back to work' plan together?
• Stephen talks about job hazard analysis.
• What can people do if they have to ride together in a van to a remote job site?
• Can you reuse N-95 masks?
• It's important to train your people on how to properly use a mask.
• Everyone should be talking to their people every day and asking screening questions.
• What should people do if they've been exposed to the virus?
• Stephen's final piece of advice: Take care of each other. It's a stressful time for all of us.

Resources:

Osha.gov

4safenv.state.nv.us

Cdc.gov

Shannon Chambers is the Nevada Labor Commissioner and helps clarify what employers need to know about the current labor laws put in place by the state of Nevada. Shannon is clear that this is a critical time to communicate to your employers and to ease on the side of caution and safety. No one wants their business under bad press from a disgruntled employee right now.

Highlights:

• What's the difference between a furlough and a layoff?
• In order to decrease the pay of an employee, it requires seven days of written notice.
• Nevada labor laws are 100% in effect. They are not suspending it due to COVID-19. So if something is contradicting the PPP requirements, you still have to work under the Nevada labor law.
• Because of unemployment benefits, some employees do not want to go back to work. What should employers do?
• Should employees sign a release of liability form?
• Seek out a safety and health official and get their advice on best practices for your business.
• Communication is critical. Even if the employee has worked there a long time, you want to debrief them on new health practices the business is undergoing.
• As an employer, you need to air on the side of safety.
• The Nevada PTO, how can employers best navigate this?
• Can you force an employee to use their PTO?
• Breaks and lunches. What can employers do to mitigate health risks as employees may want to leave the job site?
• How can you help people reapply to their old job if they've been laid off?

Resources:

Suttonhague.com

Calnevalaw.com

Business.nv.gov

Labor.nv.gov

Jared Banes is a Reno native and a fully-licensed insurance broker specializing in commercial insurance. He currently holds a Construction Risk and Insurance Specialist (CRIS) designation. Jared shares what business owners need to look out for in their general liability policies and to really read the fine print when renewal comes around because insurance companies may be putting in language that could limit your COVID-19 coverage.

Highlights:

• Now that things are opening back up. What happens if you have a visitor in the facility?
• How do general liability policies protect businesses?
• Every claim will be unique, but Jared hopes to help provide you with a starting point.
• What classifies as 'bodily injury' inside your insurance policy?
• There will be a pollution inclusion in your general liability policy.
• COVID-19 is a virus, not a bacteria or mold, so you might not fall under a 'mold exclusion.'
• Because each policy is different, you want to identify if yours has a mold or disease exclusion.
• Some insurance companies are allowing for insurance changes during the crisis.
• Make sure your insurance company is not adding exclusions that might limit coverage for COVID-19 during your renewal.
• Make sure you're following your local state and federal guidelines as you begin opening your doors to the public.
• Document what you're doing. Be proactive.

Resources:

Suttonhague.com

Calnevalaw.com

Lpins.net

Jim Wilkins has been practicing law for 36 years and his specialty is insurance coverage litigation. Due to the pandemic going on, how likely are business owners able to get a business interruption claim? And if they cannot receive this claim, what legal actions can they take? Jim weighs in and helps share how you can navigate this crisis going forward.

Highlights:

• How does business interruption insurance play into effect during the pandemic?
• It's a tricky situation because technically a virus cannot cause damages to the premises.
• However, the devil is in the detail and different insurance carriers have worded this differently. This is why some people feel like they might have a case.
• When would it make sense to file a lawsuit to the insurance company?
• Let's take a step back and look at what insurance companies do and how they work.
• Because this is a worldwide issue, insurance companies are going to fight hard to retain their money.
• Jim's best advice right now is to wait and see the next six to eight months how insurance companies are reacting/winning. However, do not wait too long, or else it might be too late to file a lawsuit.

Resources:

Suttonhague.com

Calnevalaw.com

Wdcllp.com

Brady McGuinness has been providing legal, management, and consulting services for businesses in California for over 25 years. Currently, he works with commercial real estate landlords and tenants and helps them arrange a fair leasing agreement. Because of COVID-19, Brady offers advice on what tenants and business owners can do with their commercial lease and how they can navigate paying less rent for the time being.

Highlights:

• Is there COVID-19 legislation that can affect commercial tenancy in California?
• Take a look at your lease and see what it says if there is an interruption of business or a force majeure event.
• How can you talk to your landlord about not being able to cover rent?
• Can you legally ask for rent abatement or some kind of rent forgiveness during this time?
• It's critical to make your requests reasonable and to work with your landlord.
• The Paycheck Protection Program can help you with rent costs.
• Check with your insurance broker on the types of insurance that are available to you.
• Now is the time to get creative with percentage rent or extending the lease term.
• Reserve your claims, even if you're denied, because it may turn out you'll be getting more coverage than you think later down the line for business interruption.

Resources:

Suttonhague.com

Calnevalaw.com

Mcguinnessesq.com

William Tamayo is the District Director of the EEOC's San Francisco District Office and this is his second guest appearance on the show. William is back to answer some questions and concerns employers have. He shares how to act fairly and with accordance to law during the pandemic when an employee tests positive for COVID-19, how to keep the employee's diagnosis private, how to accommodate employees with mental health issues during this time, and so much more.

Highlights:

• Employee tests positive for COVID-19. Now what?
• You have to treat the employee's medical records confidentiality, but then how do you let their co-workers know they could have been exposed?
• How can you respectfully work within the ADA's regulations on whether someone has symptoms but still hasn't been tested for it yet?
• Before you embark on any of these steps, consult with your lawyer and double check what the CDC has said.
• The employee is concerned for their partner, who is immune suppressed/undergoing cancer treatments, what can the employer do?
• Employee has a note from a doctor saying they have mild PTSD from the stress of the pandemic. Can the employee work from home?
• Never dismiss a request for accommodation right away. Explore it and ask necessary follow up questions.
• Employees are not showing up to work, which is impacting work. How can employers better navigate this?
• If you have questions about equal employment, reach out to the appropriate consul in your state.

Resources:

Suttonhague.com

Calnevalaw.com

Eeoc.gov

William on LinkedIn

Joseph Amato is the District Director for the SBA's Nevada District Office as of 2017. A former executive and business leader with over 30 years of experience in small business development and commercial lending, Amato oversees the delivery of Small Business Administration services in Nevada from the SBA's Las Vegas District Office and Reno area office. Today, he offers advice on how small business owners can apply for the SBA's EIDL (Economic Injury Disaster Loan) Program and the PPP Loan (Paycheck Protection Program).

Highlights:

• What do small businesses need to know about the current SBA programs offered in the midst of a crisis?
• The PPP affords a business eight weeks of average payroll to pay their employees to bring them back to employment.
• What businesses are eligible for this loan?
• Who cannot apply for the PPP?
• You can only include an employee's payroll up to $100,000 a year.
• When you're looking at the PPP, you're really focused on forgiveness of debt.
• What would lenders need from you? Payroll records, payroll tax records, and 1099 or Schedule-C forms.
• You get the EIDL at SBA.gov and you get the PPP loan you get through your area lender.
• Will the money run out? Some business owners are having trouble with this.
• What should you do if a lender isn't responding?
• Are banks showing favoritism to larger accounts?

Resources:

Suttonhague.com

Calnevalaw.com

Sba.gov

Sba.gov/disaster

Sba.gov/paycheckprotection/find

Kabbage.com

Ondeck.com

If you're in Nevada email Joseph: [email protected]

James Boretti is a health and safety expert at Boretti, Inc. He has over 33 years of experience and an extensive background in the field of Occupational Safety & Health. He provides a broad range of technical and business safety solutions for his clients. This episode shares some light on what employers can do to keep their staff safe and healthy during this COVID-19 pandemic.

Highlights:

• How does the Coronavirus work and get transmitted to others?
• Why does social distancing help reduce the spread of the virus?
• There's been conflicting info about wearing a mask. Does wearing a mask help or not?
• What types of masks can you get and what alternatives should people consider if they're not available in stores?
• An employee tests positive for COVID-19. What can an employer do?
• How can you safely take an employee's temperature?
• How do you social distance when employees traditionally carpool together?
• What can employers do to make their employees feel safe when going into work?

Resources:

Suttonhague.com

Calnevalaw.com

Borettiinc.com

William Tamayo is the District Director of the EEOC's San Francisco District Office, a position he has held for the last five years. In his role, William oversees investigations and operations and issues findings of discrimination. He served as a regional attorney for the EEOC for 20 years prior to becoming the District Director. In this episode, William offers advice for employers seeking additional legal help when it comes to navigating today's COVID-19 pandemic.

Highlights:

• Employee refuses to work amidst COVID-19. What can an employer do?
• How can employers best protect high-risk employers (those within the 65 age group)?
• The employer has allowed their over-65 employees to stay at home with paid leave, but now younger demographics want the same benefits. How can they navigate this?
• Can you legally test your employees for the COVID-19 antibodies?
• Talk to your lawyer before you take disciplinary action. That's what they're there for!
• An employee's spouse works on the medical frontlines. What can the employer do?
• If an employee traveled outside of the country recently, can employers ask them to self-quarantine?

Resources:

Suttonhague.com

Calnevalaw.com

Eeoc.gov

William on LinkedIn

Brett Sutton answers three frequently asked employment law questions about the COVID-19 pandemic. He answers whether it's legal to take an employee's temperature at work and send him/her home if they have a fever. What to do if an employee is healthy, but scared to report to work because of the virus; can they still legally work? And do temporary furlough employees still get the new federal paid leave entitlement even when they haven't returned to work?

Resources:

Suttonhague.com

Calnevalaw.com