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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.

Employee Sick Time and Medical Leave

The 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 Unemployment

If 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:
  • An additional $600 week benefit for four months, on top of what you would have received under Massachusetts law.
  • Continuation of unemployment benefits (including the additional $600 per week) for workers who have already exhausted their unemployment benefits and are still without a job.
  • Eligibility for self-employed individuals and independent contractors who have suffered job or income loss due to COVID-19.
  • Massachusetts has also waived the one-week waiting period to apply for unemployment, so you can apply immediately after losing your job or having your hours reduced.
  • Self-employed individuals and independent contractors will still have to wait until the end of April to apply, but the benefits will be retroactive, according to recent DUA guidance.
We will continue to update our information about unemployment benefits.  If you are having trouble getting benefits, or have questions about the process, feel free to reach out.

Assistance for Small Business

Congress 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?

Contact Us
 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 
Emily Smith-Lee Employment Discrimination Attorney
Emily Smith-Lee Employment Discrimination Massachusetts Super Lawyers
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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.

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.

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.
Schedule a Free Information Call

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  • Home
  • Employment Law
    • Guide To Employment Law Content
    • Employment Contracts in Massachusetts
    • Discrimination in the Workplace
    • Employment Termination >
      • Massachusetts Paid Family Leave
      • Severance Pay
      • Unemployment in Massachusetts
    • Sexual Harassment at Work >
      • Sexual Harassment in a Small Business
      • Sexual Harassment and Non Disclosure Agreements
      • Sexual Harassment and Remote Work
    • Wage and Hour Laws >
      • Overtime Law >
        • Overtime Exemptions
        • Employee Travel Time
        • Federal or State Overtime Law
      • Massachusetts Wage Act >
        • Payment of Commissions
        • Wage Deductions
        • Late Payment of Wages
        • Paid Time Off
    • Independent Contractor Law
    • Non Compete Agreements >
      • Are non competes enforceable
      • Massachusetts Non Compete Act
      • Pre 2018 Massachusetts Non Competes
  • Estate Planning
    • Guide To Estate Planning Content
    • Legacy Protection
    • Why You Need an Estate Plan
    • Why You Don't Have an Estate Plan
    • Estate Planning Documents >
      • Children with Special Needs
    • Planning for Assisted Living
    • Probate Process
  • Business Law
    • Guide To Business Law Content
    • Small Business Law
    • Business Contract Basics
    • Civil Suit Defense
    • Legal Issues for Start Ups
    • Trademark Basics
    • How to Incorporate
    • Sale of Business
  • About
    • Reviews
    • Slnlaw Offices
    • slnlaw core values
    • Publications and Interviews
    • New Client Intake and Consultation
    • Contact
  • Attorneys
    • Emily Smith-Lee >
      • 2018 Lawyer of the Year
    • Jenna Ordway
    • Rebecca Rogers
    • Sharleen Tinnin
    • Elijah Bresley
  • Legal FAQs
    • Estate Planning FAQs
    • Probate FAQs
    • Small Business FAQs
    • Wage Act FAQs
    • Commission Pay FAQs
    • Overtime FAQs
    • Independent Contractor FAQs
    • Non Compete FAQs
    • Employment Discrimination FAQs
    • Employment Termination FAQs
    • Massachusettts Unemployment FAQs
    • Severance Package FAQs
    • Medical Leave FAQs
    • Sexual Harassment FAQs
    • Employer FAQs
    • Civil Lawsuit FAQs
  • Blog