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Post & Schell's Paycheck Protection Program Loan Forgiveness Tool >
Post & Schell, P.C.'s Paycheck Protection Program Loan Forgiveness Tool is a downloadable Excel file comprised of four tabs: 1. Forgiveness Calculator; 2. Employee Worksheet; 3. Reductions Worksheet; and 4. Loan Forgiveness Summary. Highlighted cells on the worksheets are to be completed by you. You will need to complete all information on Employee Worksheet.

PA Superior Court Decision in Ungurian Reflects Ongoing Judicial Assault on Privilege in Medical Malpractice Litigation >
May 13, 2020
By: Robin Locke Nagele
The Pennsylvania Superior Court decision in Ungurian v. Beyzman is the latest in the trend of appellate cases systematically stripping away privilege protection for robust and candid, self-critical evaluation, and safety analysis by medical professionals and hospitals. This privilege protection, guaranteed by federal and state law, is essential to promoting patient safety and quality of care in our nation's hospitals.

What Utilities Should Do, Now that Wetland Permit NWP12 Has Been Partially Vacated >
May 12, 2020
By: Paul M. Schmidt
Among utility companies nationwide, there is justifiable alarm over the Montana United States District Court's April 15, 2020, ruling vacating Nationwide Permit 12 (NWP12). NWP12 provides an expedited process for obtaining Federal approval to conduct certain linear utility projects that impact wetlands. These projects include oil and gas pipelines, electrical lines, and phone, internet, and TV cable lines.

Pleading Your Case Remotely: Tips for Interacting with the Judiciary (and Each Other) During the COVID-19 Pandemic >
May 8, 2020
By: Carolyn H. Kendall and Jessica R. Rogers

Re-Opened for Litigation: Examining Potential for COVID-19 Third Party Exposure Claims Against Businesses and How to Mitigate and Defend Them >
May 5, 2020
By: Daniel S. Altschuler, Christopher D. Gee, Meghan L. Rice, and Anthony M. Knapp
As the stage has been set for the country's economy to re-open pursuant to certain guidelines, one potential concern for many businesses will be the foreseeable swath of lawsuits that can be anticipated relating to alleged exposures and infections of COVID-19. Given the potential liability, there are a variety of threats and avenues plaintiffs and their attorneys will likely attempt to utilize as the basis for claims.

Pennsylvania Enacts ACT 17 Providing COVID-19 Benefits to Police, Firefighters, and Other Enforcement Officers >
April 30, 2020
By: Stephen S. Bloomburg and Patrick R. Byrne
On April 29, 2020, Pennsylvania Governor Tom Wolf signed into law Act 17 (formerly known as House Bill 1869), which requires the Commonwealth of Pennsylvania, the Delaware River Port Authority or such County, City, Township or Municipality to pay compensation for certain enforcement officers, including police officers, firefighters and other workers covered under the Enforcement Officer Disability Benefits Law (also known as the Heart and Lung Act), who contract or are diagnosed with COVID-19, or who are subject to quarantine resulting from exposure to COVID-19, and, therefore, are incapacitated from performing their job duties.

Sex Trafficking Case Against Marriott Allowed to Proceed >
April 30, 2020
By: Charles W. Spitz and Joel H. Feigenbaum
On April 22, 2020, a federal district court judge in Philadelphia ruled that a sex trafficking case against Marriott International, Inc.would proceed. The ruling arises after the court concluded that a 2008 federal anti-trafficking law was intended to create liability for those who benefit from activities they "knew or should have known" were taking place.

OSHA Issues Guidance to Employers on COVID-19 >
April 29, 2020
By: Glenn M. Campbell
Worker safety has always been at the core of the Occupational Safety and Health Act since its adoption in 1970. The COVID-19 pandemic presents new challenges to OSHA in keeping workers safe, both essential workers who continue to be in the workplace during the crisis, as well as those who will gradually return to the workplace in the coming months. In anticipation of workers returning, OSHA published Guidance on Preparing Workplaces for COVID-19 on April 10, 2020, and Interim Enforcement Response Plan for Coronavirus Disease 2019 on April 13, 2020, which serve to clarify to some extent the responsibilities that employers will have as the COVID-19 crisis continues to play out.

Pennsylvania Construction Industry Reopening Date Now May 1, 2020 >
April 24, 2020
Pennsylvania's construction industry now has a reopening date of Friday, May 1, 2020.

DOL to Begin Enforcement of FFCRA Paid Leave Obligations; Issues Additional FAQs >
April 23, 2020
By: Sidney R. Steinberg and David E. Renner
The FFCRA became effective on Wednesday, April 1, 2020. As we have previously reported, the FFCRA provides for paid leave for certain employees of employers with fewer than 500 employees under The Emergency Family and Medical Leave Expansion Act and The Emergency Paid Sick Leave Act. However, the U.S. DOL delayed enforcement of the paid leave provisions under the EFMLEA and EPSLA until April 17, 2020. On Monday, April 20, 2020, the DOL officially announced that this non-enforcement period has come to an end. As such, while covered employers should have been complying with the EPSLA and EFMLEA beginning on April 1, 2020, they are now officially “on notice” that the DOL may institute enforcement proceedings against them for violations of the FFCRA.

Pennsylvania Amends its Unemployment Law in Response to COVID-19 >
April 21, 2020
By: David E. Renner
On March 27, 2020, Pennsylvania Governor Tom Wolf signed into law House Bill 68, which amended Pennsylvania's Unemployment Compensation Law. The Bill was effective immediately. While the Bill largely focuses on the Commonwealth's response to the COVID-19 pandemic, one provision of the amendment requires Pennsylvania employers to notify their employees at the time of separation that unemployment compensation may be available, whether or not the employer is liable for the payment of contributions to Pennsylvania's unemployment compensation fund.

Property Management and Safety-Related Services in PA During the COVID-19 Response >
April 14, 2020
By: J. Colin Schwartz
In response to the outbreak of COVID-19 in the United States, federal, state and local governments have taken actions to limit the spread of the disease by issuing orders and guidance requiring closure of wide-ranging categories of business and industry. But are maintenance and security staff allowed to continue providing services for those closed businesses? What are the limitations and requirements for permitted maintenance and safety-related services for closed businesses and those allowed to remain open? Overall, these orders do allow critical and safety-related property maintenance and security services, but safeguards are required to protect employees and the public from COVID-19 exposure while performing such services. Therefore, property owners and managers should remain cognizant of their property maintenance and safety responsibilities, while also adhering to guidelines to prevent spread of COVID-19 to employees and others.

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