CONGRATULATIONS! And, thank you. With your help, the Legal Feeding Frenzy has surpassed its original goal of $75,000 / 300,000 pounds of food! There are now 2 days leftin the frenzy!
There is no denying that we have entered an unprecedented and unpredictable time as a result of COVID-19. But we are so encouraged by how our colleagues continue to answer the call to help our neighbors in need through efforts like the LFF. When we set our original LFF 2020 goal, we had not yet heard of or anticipated the wide-spread effects of COVID-19. As stay at home orders go in place across the state, schools extend their closings, and businesses are forced to close and lay off employees, we’re going to continue to see a strain on our local food banks as demand continues to increase. Accordingly, we have decided to increase the #LFF2020 goal to help meet these needs.
Due to the state of emergency that has been declared by North Carolina’s Governor in response to the COVID-19 crisis, the Director of the Office of Administrative Hearings (OAH) has invoked the emergency waiver found in 26 NCAC 01 .0105 for the purpose of waiving all time limitations contained in all Sections of 26 NCAC Chapter 03 – Hearings Division, except 26 NCAC 03 .0127. (The time limitation in 26 NCAC 03 .0127 applies only to administrative law judges).
This waiver applies to all contested cases now pending and hereafter filed at OAH until this waiver is revoked.
Please direct any questions regarding the notice to:
The Export-Import Bank (“Ex-Im”) has taken a few steps to increase liquidity in export transactions—among them, it created a new Bridge Loan Program for foreign buyers. More info can be found here.
The emergency relief bill that passed the Senate is divided into two sections. The first section covers small business interruption loans and the second covers relief for individuals, families, and businesses.
The [SBA] Administrator shall reimburse any recipient of assistance under section 22(l) of the Small Business Act (15 U.S.C. 649(l)) for financial losses relating to a foreign trade mission or a trade show exhibition that was cancelled solely due to a public health emergency declared due to COVID–19 if the reimbursement does not exceed a recipient’s grant funding. It’s Section 1104 in this bill.For an overview of each of their response actions, click here.
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COVID-19 and the ensuing shutdown of much of the economy will affect construction projects dramatically. Projects have become more difficult to perform as industry participants juggle their obligations to their customers, employees, and the public. The impacts will get worse before they get better. This article identifies some construction law issues facing owners, contractors, subcontractors, and suppliers grappling with the impacts of the virus.
When a contractor or subcontractor cannot meet the project schedule, does COVID-19 excuse the delay and warrant a time extension? It depends on the language of the contract. As discussed by my colleague, David Robinson, in his March 3 Insight, in most US jurisdictions, epidemics, pandemics, and other unforeseeable Acts of God do not automatically excuse breaches of contract. In order to determine whether COVID 19 provides an excuse, begin by looking at the terms of the relevant contract.
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The Industrial Commission continues to review and evaluate its various policies in light of the ongoing COVID-19 situation. Below are the most recent updates from the Commission concerning its Secure Leave Policy and accepting agreements signed through DocuSign.
The Industrial Commission recognizes that the COVID-19 pandemic will result in attorneys having to reschedule vacations, non-emergency medical procedures, and other plans for which secure leave was obtained. The rescheduled plans may then fall within the same calendar year for which three weeks of secure leave already has been granted and/or may not be known until less than 90 days before the requested secure leave period. Any attorney faced with this situation may file a motion under 11 NCAC 23E .0301 (Waiver of Rules) asking for a waiver or variance of the requirements or provisions of 11 NCAC 23E .0104 (Secure Leave Period for Attorneys). This motion should be filed in conjunction with the new secure leave written request.
I hope that you are managing well in this COVID-19 world we find ourselves in today. It is an understatement to say that it has definitely changed our lives and had drastic effects on how we conduct our law practices and businesses. I want to let you know that your Council and NCBA leadership have been working diligently with other groups involved in the real estate industry to help keep us “open for business” and develop alternatives that may be necessary to allow that to happen. The Council held a special call in/Zoom meeting this past Monday to discuss and strategize on what is happening and what may need to happen.
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Below is the most recent update from the Industrial Commission relative to COVID-19. This information was posted to the Industrial Commission website to address some questions received from attorneys about the current filing deadlines.
The Industrial Commission has received some inquiries from attorneys regarding its current filing deadline policy. At this time, the Commission has not granted an automatic, blanket extension of filing deadlines for the following reasons:
Update: Since this compilation of updates and resources was published last week, new guidance has been released by the US Department of Education and Governor Cooper has issued a second executive order extending school closures. Legal Aid staff are in communication with state officials about these changes and will have updated information and more practical tips posted to the website below by the end of this week or early next week. Please continue to check back!
educational access for students while schools are closed;
educational access for special education students while schools are closed;
student nutrition services while schools are closed;
student privacy rights related to the COVID-19 outbreak;
general federal and state resources; and
miscellaneous resources for students and families.
Much of this is and will be in flux in the coming weeks, and so we plan to monitor things closely and will update the guide on an ongoing basis as we receive updated information. To that end, people should continue to check back for updated information.
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The North Carolina Department of the Secretary of Statewill be closing its buildings to the public, effective March 20 at 4 p.m. until further notice in response to state and federal guidelines on social distancing to stem the spread of Coronavirus. This will affect the downtown Raleigh facility at 2 South Salisbury Street and the office at 4701 Atlantic Avenue in Raleigh.
“Given the small size of our lobby downtown and the large amount of foot traffic from the public, we’re closing the building to the public to comply with the Governor’s Executive Order prohibiting large group gatherings and protect the health of our staff and the public we serve,” said North Carolina Secretary of State Elaine F. Marshall on Thursday. “While we are physically closing our doors to in-person service for the time being, our staff will continue serving the public. Most of our services can be conducted online and over the phone. I urge our customers to submit their documents to us online at sosnc.gov and continue calling us at 919-814-5400 with their questions.”
The public can also reach out to the North Carolina Secretary of State’s Office on social media, at @NCSecState on Facebook and Twitter, and can find specific division email addresses on the N.C. Secretary of State’s Office website at sosnc.gov.
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If I furlough or layoff employees, can I continue some or all of their benefits during the leave?
There may be ways to continue some or all benefits during a furlough or layoff. Each plan is unique, however, and the exact terms must be reviewed. Many plans include a provision that employees be “employed” or “actively at work” and, therefore, employees may lose eligibility under the terms of the plan if they are not performing services. In addition, service requirements for eligibility (such as offering benefits only to employees working at least 30 hours per week) may cause an employee to lose eligibility during a temporary leave (but not in all circumstances). However, many plans include specific provisions extending eligibility during leaves of absence (including unpaid leaves) or following layoffs. Thus, each plan must be reviewed to make this determination.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00International Practicehttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngInternational Practice2020-03-23 16:49:192020-03-24 14:27:29Work in the Time of COVID-19: FAQs for Employers
