COVID-19 UPDATE from Bellas & Wachowski

Articles Posted in CoronaVirus – Business Concerns

Chicago Business Lawyer George Bellas answers questions for business owners.
Updated July 1.

The Chicago area and Illinois business owners are facing a number of challenges and the CoronaVirus pandemic is threatening the continued viability of their business.   Here are some of the more frequently questions asked by business owners.

  • Updated Interim Final Rule effective June 24 –

05126AB9-5465-4D55-A58C-B15C206155C3-300x251

Small Businesses Reopening

As of today June 26, Illinois has reached Stage 4 of coronavirus reopening, which allows essentially all types of businesses to reopen provided they observe public health safety guidance and capacity limits, with no more than 50 people allowed in one place.

What does this mean for businesses, and how can they protect themselves—and their employees and customers—medically, financially and legally?

For the first time to our knowledge a judge has ordered rent relief for a Chicago restaurant.   The bankruptcy judge ruled that the “Act of God” clause in the lease gives the restaurant rent relief when it was forced to closed during the the COVID-19 mandatory closings.

George Bellas Chicago Business Lawyer George Bellas answers questions for business owners.

CoronaVirus FAQs

The force majeure clause in the lease of Italian restaurant Giglio’s State Street Tavern eliminated the restaurant’s obligation to pay full rent during the time when the City and State implemented the “stay-at-home order” to deal with the pandemic.   (For more info on the force majeure contact clause, see my other Blog on force majeure.)

Illinois Governor J.B. Pritzker issued an executive order on April 1 designed to protect health care providers from litigation arising out of COVID-19 cases. How does it do so, and how well would it work in practice if a lawsuit were filed?  The Emergency or Disaster Treatment Protection Act notes that statewide public health emergencies require “an enormous response” from different levels of governments working alongside private and public health care providers.

As such, the order attempts to “promote the public health, safety and welfare of all citizens by broadly protecting the health care facilities and health care professionals in this state from liability that may result from treatment of individuals with COVID-19 under conditions resulting from circumstances associated with the public health emergency.”

Pritzker’s order declares immunity from “any liability, civil or criminal, for any harm or damages alleged to have been sustained as a result of an act or omission in the course of arranging for or providing health care services,” so long as COVID-19 emergency rules and other applicable laws are followed; the act or omission related to the COVID-19 outbreak is in support of the state’s directives; and the services are provided in good faith.

Chicago Business Lawyer George Bellas answers questions for business owners.

CoronaVirus FAQs

Business owners are anxious to reopen their doors and revive their sales.  But there are concerns that the proper precautions be taken to protect their employees and customers, at a time when no treatment or vaccine for COVID-19 appears imminent.

As governors and mayors begin to ease restrictions on businesses, previously shuttered retailers, restaurants and others have another concern that could hold them back from reopening just as surely: whether and to what extent they can be held legally liable for employees or customers who contract coronavirus.

Chicago Business Lawyer George Bellas answers questions for business owners.

Business FAQs about the COVID-19 Pandemic

Small and medium-sized businesses with up to 500 employees are required to provide employees with up to 14 weeks of leave, most of which must be paid, for circumstances related to COVID-19, under a pair of temporary pieces of legislation that passed Congress last month.

Starting April 2 and through December 31, 2020, the Emergency Family and Medical Leave Expansion Act requires that employers provide up to 12 weeks of family and medical leave—which has been required to be offered, but not required to be paid, since the 1993 passage of the original legislation. And also from April 2 through the end of the year, the Emergency Paid Sick Leave Act requires two weeks of paid sick leave.