RESIDENTIAL EVICTION UPDATE – July 18, 2021
The Illinois Supreme Court ordered an amendment to Order M.R. 30370 concerning residential evictions. The Order can be viewed here.
Should business interruption insurance cover losses due to the COVID-19 shutdowns, even if said insurance policy contains a virus exclusion?
A bar and restaurant based in Park Ridge and a former jewelry store in Chicago have gone to the U.S. 7th Circuit Court of Appeals to argue that their policies with West Bend Mutual Insurance Co. should cover such losses, which they say are due to the Illinois state government orders, not the virus itself. (Mashallah Inc. et al. v. West Bend Mutual Insurance Co., U.S. Seventh Circuit, 21-1507)
After a year of employee and customer mask requirements being a no-brainer for small businesses, the CDC’s recent change in guidance that those who have become fully vaccinated against COVID-19 need not wear masks in many public settings has required business owners to put on their thinking caps again with regard to this issue, for the first time in more than a year.
Major retailers like Costco, Kroger, Walmart, Target, Walgreens and CVS have revised their guidance to match that of the CDC, although individual store locations in more highly populated areas like Chicagoland have not necessarily followed suit.
As more states lift requirements that people wear COVID-19 masks indoors when in public, what can small businesses do to protect their employees—and other customers who still prefer to wear masks?
As of April 5, more than one-third of states (18) lacked mask requirements, some of which never had them in the first place, according to the Associated Press. But business owners are certainly legally entitled to require them if they so choose, given that their public-facing spaces are still private property that they either rent or own, as long as they don’t discriminate. Customers who refuse to wear a mask, are asked to leave and stubbornly do not are therefore trespassing, and business owners could involve police if they so choose.
Smaller restaurants and bars soon will have a new opportunity for pandemic-related relief when the U.S. Small Business Administration posts the application for the new Restaurant Revitalization Fund, a program created as part of the American Rescue Plan Act of 2021 signed by President Biden on March 11.
As of this posting, the application had not been made available; however, those eligible should keep checking this page or watching out for announcements and be ready to pounce.
As COVID-19 vaccines begin to become available for working-age people—first for those in healthcare, then those in other “frontline” occupations, then for those at risk due to medical conditions, and finally for the general 18-to-64 population—can employers implement mandatory vaccination policies?
In general, the answer is yes, according to the Equal Opportunity Employment Commission, although employers need to be careful on a number of fronts, starting with ensuring that the way they craft their policy does not run afoul of the Americans with Disabilities Act.
The paper work for many small businesses will be increasing.
Many small businesses with 20 or fewer employees and $5 million or less in gross receipts or sales will be subject to new federal reporting requirements under the Corporate Transparency Act (“CTA”), a section of the National Defense Authorization Act enacted on January 1. This will include both those formed in the U.S., whether through a state or an Indian nation, as well as those formed outside the U.S. but registered to do business here.
Wow, 2020 was a year to forget! I hesitate to say it was interesting because it was not. It was more like a nightmare as we coped with a public health crisis, an economic crisis, a political crisis, and a civil rights crisis. Let’s put 2020 in a lead box and drop it in the deepest part of the ocean!
Unfortunately, the pandemic has forced a number of businesses to close. Some businesses have actually thrived and others have adapted and are working diligently to succeed. Mostly, it has altered how businesses operate and tested our resilience. Some people have learned that working remotely is a viable alternative, while others have found themselves struggling to survive in a world which places demands on the use of technology to survive.
The federal government has stated that workers can be barred from work if they refuse the vaccine. Employers can make a COVID vaccination a condition of employment. But, employers must also consider exemptions for employees with disabilities or religious objections.
After a long delay in getting guidance to employers, on December 16, 2020, the Equal Employment Opportunity Commission (“EEOC”) – this is the agency that enforces laws against workplace discrimination – provided the answer to whether employers can require employees to provide proof of vaccination and how employers should respond to employees who indicate that they cannot get vaccinated because of a disability.
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.