Coronavirus Legal Resource Page
The global spread of the novel coronavirus (COVID-19) has people struggling to understand how to stay safe and maintain their financial security at the same time. We have heard from many clients who are struggling- individuals who have lost their jobs, workers concerned about their health, small business owners wondering what is next, families worried about their estate plans, and more.
Our first hope is that you stay safe and healthy. But there are also ways in which we may be able to be of assistance to you. Below are some legal resources and links to updated information about the COVID-19 outbreak.
Our first hope is that you stay safe and healthy. But there are also ways in which we may be able to be of assistance to you. Below are some legal resources and links to updated information about the COVID-19 outbreak.
Employee Sick Time and Medical LeaveThe Families First Coronavirus Relief Act ("FFCRA") was passed in mid- March and provides important protections for workers who need time off due to illness or quarantine. In addition, preexisting Massachusetts law requires all employers to allow a certain amount of sick time.
Massachusetts Earned Sick Time Law: All employers must allow workers to accrue sick time at a rate of one hour for every 30 hours worked, up to a total of 40 hours. Employers with 11 or more part time or full time employees must pay for this sick time. Smaller employers do not have to pay, but must allow for the time off without penalty. The FFCRA requires all employers with less than 500 employees to provide up to 80 hours of paid sick time for COVID-19 related issues. This includes actual illness, quarantine, or the need for time to care for a family member who is ill. This time is in addition to the Massachusetts earned sick time, and the employee cannot be required to use their state sick time before using FFCRA time. Employer obligations under this section are capped at $5,110 per employee. The FFCRA also creates an emergency amendment to the Family and Medical Leave Act ("FMLA"). All employers with 500 or fewer employees must allow job protected leave up to 12 weeks for employees impacted by COVID-19. This includes actual illness, quarantine, need for time to care for a family member, and the need to stay home to care for a child whose school or child care is closed due to coronavirus. Leave is paid at 2/3 the employee's salary or prior average earnings. Employer obligations under this section are capped at $10,000 per employee. COVID 19 and UnemploymentIf you are fired, laid off, or have your hours reduced and are a W-2 employee, the basic rules have not changed. You can apply for unemployment and receive benefits so long as you were not fired for a disqualifying reason (willful misconduct, for example).
One of the federal responses to COVID 19, the CARES Act, added significant benefits to the unemployment system. In brief, these are:
Assistance for Small BusinessCongress has authorized a number of relief programs for small business owners to try to help get through this period of uncertainty and stalled economic activity. You can find a summary of those resources here.
Even with loan and grant assistance, many small business owners have concluded they need additional relief in terms of expenses to get them fully through the shut down. One key expense is payroll. We encourage all employers to carefully review not only the relief available from federal loan programs, but also the full and partial unemployment benefits available to their employees. It may be that you and your team members are better off using carefully considered layoffs or furloughs than incurring debt to maintain full headcount. In addition, some lenders, insurance companies, and other vendors have shown flexibility in deferring or reducing payments during this time. Businesses with significant monthly obligations for rent, inventory, or other products or services may want to carefully review their contracts to determine a strategy for negotiating temporary relief. Legal review of your business contracts may be helpful in understanding what rights and flexibility you have with those vendors. Finally, the Massachusetts legislature recently passed a moratorium on evictions that may apply to your small business. Depending on the terms of your lease, your landlord may be prohibited from evicting you for non-payment of rent during the state of emergency. This may provide a basis for you to negotiate a payment plan or temporary forbearance with your landlord. |
Need Legal Help During the COVID 19 Crisis? Unemployment for Workers Affected by Coronavirus
Summary of Currently Available Coronavirus Relief Programs Tales From the Front: COVID 19 and Your Small Business Employee Rights During COVID 19 Small Business Coronavirus Survival Post Payroll Protection Massachusetts Eviction Moratorium and Small Business 
|
Estate Planning and COVID 19
As we watch the infection and death rates and worry about ourselves and our loved ones, it is only natural to think about whether our estate plans are in order. For most Americans they are not. Yet now is certainly not the time to be venturing out to meet with attorneys and staff in close quarters to discuss your will.
We know how important this is, and we know how important your health and safety are. We have implemented a system where we can discuss your plans, draft your documents, answer your questions and get your estate plan ready to go 100% remotely. You can then either sign the documents in your own home with family members or caregivers as witnesses (we provide detailed instructions with your final documents), or wait until the crisis has passed and come into sign.
On April 27, 2020, Governor Baker signed emergency legislation allowing law firms to witness and notarize estate planning documents via video conference. We have already implemented this process, and can immediately help you get your estate planning documents in place without leaving your home.
We know how important this is, and we know how important your health and safety are. We have implemented a system where we can discuss your plans, draft your documents, answer your questions and get your estate plan ready to go 100% remotely. You can then either sign the documents in your own home with family members or caregivers as witnesses (we provide detailed instructions with your final documents), or wait until the crisis has passed and come into sign.
On April 27, 2020, Governor Baker signed emergency legislation allowing law firms to witness and notarize estate planning documents via video conference. We have already implemented this process, and can immediately help you get your estate planning documents in place without leaving your home.
Finding Community for Small Business Owners During COVID 19
Whatever your legal or business issue, there is no question that small business owners are hungry for community in this difficult time. Many of your regular networking or mastermind opportunities may have been suspended or cancelled during this time, and it is not easy to meet other business owners for coffee or drinks to connect.
We believe that the importance of connecting with others in the business community cannot be overstated. The expertise and support of other professionals can help you get through any number of challenges, this one included.
This is why we have started a weekly online forum for small business owners. We will be prepared each week to offer updates that we are aware of. We are also encouraging others with relevant expertise (i.e., insurance, banking, health, accounting) to participate so that we can all share what we know. We meet every Friday at noon via Zoom. Just rsvp to the call here to get the zoom link.
We believe that the importance of connecting with others in the business community cannot be overstated. The expertise and support of other professionals can help you get through any number of challenges, this one included.
This is why we have started a weekly online forum for small business owners. We will be prepared each week to offer updates that we are aware of. We are also encouraging others with relevant expertise (i.e., insurance, banking, health, accounting) to participate so that we can all share what we know. We meet every Friday at noon via Zoom. Just rsvp to the call here to get the zoom link.
How Can We Help?
We can help answer your specific questions about managing this COVID-19 crisis. We routinely conduct consultations and meetings by phone or video-conference, so you can reach out without increasing your exposure to the virus. You can use the button below to schedule a call back from a member of our team, give us a call at 781-784-2322, or fill out our web form to let us know a little more about your situation.
