COVID-19 UPDATE from Bellas & Wachowski

Articles Tagged with Small Business Corona Virus

Chicago Business Lawyer George Bellas answers questions for business owners.
Updated November 14

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.

  • Residential Evictions Stayed until December 15 by Governor Pritzker

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Employers Need to Mask Up Against Lawsuits

Small businesses face a dizzying swirl of regulations from different levels of government about whether patrons and employees are required to wear masks during the pandemic, as well as whether employers are required to either purchase masks for employees or reimburse them for reasonable costs.

The scenario becomes more fraught given the emergence of class-action litigation even when businesses are complying with the mandates and guidelines from the federal, state and local authorities. Going forward, small businesses need to strike a delicate balance between accommodating customers in their public spaces while doing right by their employees, whose priorities are not always the same but should be considered.

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Tenant Evictions

Updated October 19

Gov. J.B. Pritzker issued an executive order on October 16 extending the statewide moratorium on residential evictions for another 30 days. Pritzker first put a hold on residential evictions through an executive order on March 20, the same day he issued a statewide stay-at-home order in response to the COVID-19 pandemic

Chicago Business Lawyer

The Dangers of Payroll Tax Deferment

As part of a series of executive actions rolled out in early August, President Trump ordered Treasury Secretary Steven Mnuchin to allow the deferral of the 6.2% payroll tax on employees from Sept. 1 through Dec. 31 for workers making less than about $104,000 on an annualized basis.  The plan was brought forth by the White House after it became clear that Congress did not plan to play ball with the President and pass an actual payroll tax cut.

After a hard look at the plan, it is obvious that small business owners should not be tempted by President Trump’s offer to defer paying some employee payroll taxes until next year.    Established through a non-binding Presidential Memorandum, this offer does *not* constitute a tax cut. 

Chicago Small Business Lawyer

The Key to Surviving as a Small Business

How can your business – and you – survive the COVID-19 pandemic?

It’s a tall order.   But small business owners have means of surviving.   The corollary shutdowns have impacted 20% of small businesses, according to the U.S. Chamber of Commerce, and restrictions have affected a far greater number. A study by the University of Illinois, University of Chicago and Harvard University and its business school estimates more than 100,000 small businesses are permanently shuttered. Not a surprise since many small firms don’t generally have more than a few months’ cash reserve.

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

Workman’s Comp for Essential Workers

An emergency rule promulgated in April by the Illinois Workers’ Compensation Commission gave certain classes of “essential” workers the ability to claim COVID-19 as an occupational disease vis-à-vis the ability to collect workers compensation.  This is a change that every Illinois business should be aware of.

The commission withdrew the rule after a court challenge, but last month Governor J.B. Pritzker signed legislation amending the Illinois Workers’ Occupational Diseases Act (820 ILCS 310, codified as Public Act 0633) to say that a “COVID-19 first responder or front-line worker” has the rebuttable presumption of having contracted the disease due to hazards and exposures in the workplace.

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Health and Safety Regulations

On June 24, Virginia became the first state in the country to implement workplace health and safety rules to protect workers from coronavirus infections. Could Illinois be next?   Whatever happens, these actions should serve as an example of what every  business should do.   

Virginia’s health and safety board agreed to create finalized rules after the state’s Department of Labor and Industry drafted an emergency temporary standard in late May. The office of Governor Ralph Northam said the idea arose because the federal Occupational Safety and Health Administration (OSHA) has received more than 4,000 complaints related to coronavirus but only issued one citation, according to the Washington Post.

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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?

D07714B9-62C2-4CD4-9E64-620ACBE27095-300x251How concerned should small businesses be about wrongful discharge lawsuits from plaintiffs terminated after alleging publicly that their employer did not follow health and safety guidelines to combat the spread of COVID-19?

The first clues may emerge from one of the first employment lawsuits related to the pandemic, filed in late May in Dallas County, Iowa. The plaintiff is a former county jail employee who called a hotline set up by the Department of Corrections after a co-worker who tested positive for COVID-19 was allowed to resume work due to being asymptomatic.

The sheriff’s office ultimately decided that the infected employee would not return, but the sheriff allegedly grew furious after hearing of the hotline call, according to the lawsuit, which says he viewed the plaintiff as disloyal and disrespectful of the chain of command.

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.