As more employees are working from home due to the COVID-19 pandemic—many of whom are doing so indefinitely with no firm end point in sight--employers should urge employees to take certain steps to avoid injury and create a productive, safe, and comfortable work environment. Here are some tips for working from home: Set up an ergonomic work station. Ergonomics is the study of the body and how it interacts with [...]
Due to the COVID-19 pandemic, a growing number of employees are continuing to work from home; however, working from home may complicate workers’ compensation claims. Workers’ compensation generally applies only to injuries occurring in the scope and course of employment. This can be problematic as employers have little or no control of an employee’s home office environment. It is also more difficult to prove that an injury was work-related, because [...]
In late April, the Iowa American Federation of Law, AFL-CIO, called on Iowa state officials to establish standards and protections for workers during the COVID-19 pandemic, including expanding workers’ compensation coverage to essential workers. Both Iowa and Nebraska have yet to consider extending such protections. Ordinarily, the worker must demonstrate that he or she was injured in the course or scope of employment. With respect to COVID-19, the employee would [...]
An Illinois bankruptcy court was the first court in the country to issue an opinion on how a force majeure clause in a commercial lease would be applied to the COVID-19 pandemic. Not surprisingly, the language of the underlying force majeure clause and the Illinois’ Governor’s executive order played critical roles in the court’s analysis. As it turned out, take-out food saved the contract. The case involved a restaurant that [...]
In a recent case of first impression the United States Bankruptcy Court the Northern District of Iowa (In Re: Devries, BK No. 19-00181), Thad J. Collins, Chief Bankruptcy Judge, interpreted recently-enacted Bankruptcy Code section 1232(a) to make capital gains by a farmer an unsecured claim for taxes not accorded any priority, and not subject to setoff under section 553(a). The court, relying significantly on Legislative History, held that Congress intended [...]
Updates in red Due to the global pandemic of COVID-19, a public health emergency has been declared in the United States. Experts say that one of the most effective ways to protect against this disease is to limit the risk of exposure. This has prompted the “Stay at Home” movement for many Americans, but many judicial matters still need prompt attention during this time. Varying regulations have been put into [...]
Partner Sean Minahan was selected as the 5th Judicial District Representative on the Nebraska State Bar Association Executive Council. The NSBA works for Nebraska lawyers to help them achieve the highest standards of competence, ethics, and professionalism and to protect and promote the administration of and access to justice. The Executive Council consists of one delegate elected from each of Nebraska’s six Supreme Court districts, a chair and chair-elect elected by the [...]
A recent 8th Circuit Court of Appeals case, applying Missouri law, reminds us that shoddy workmanship may not be covered by your commercial general liability insurance. This also means that if an owner claims your faulty workmanship caused problems on the project, you may have to pay those damages out of your own pocket, not the insurers. In this case, American Family Mutual Insurance Co., S.I. v. Mid-American Grain Distributors, [...]
Congratulations to one of our senior partners, Daniel P. Chesire
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Eric Tiritilli, senior counsel at Lamson Dugan & Murray LLP, was a speaker at the 2020 Nebraska Paralegal Association’s virtual spring seminar. The NePA is an influential paralegal association that is dedicated to serving and strengthening the profession for future generations. Mr. Tiritilli discussed the legal landscape on how to address marijuana in the workplace. He also addressed the latest laws affecting marijuana testing and use in the workplace and [...]
Updates in red Due to the global pandemic of COVID-19, a public health emergency has been declared in the United States. Experts say that one of the most effective ways to protect against this disease is to limit the risk of exposure. This has prompted the “Stay at Home” movement for many Americans, but many judicial matters still need prompt attention during this time. Varying regulations have been put into [...]
A recent case out of Pennsylvania refused to allow an owner to assess liquidated damages for project delay. This case serves as a reminder that if you are including liquidated damages in your construction contract, there must be some reasonable basis for the amount of liquidated damages. In this case, D.A. Nolt v. The Phila. Mun. Auth., the City of Philadelphia sought to enforce a $10,000 per day liquidated damages [...]
General Order No. 2020-10 In Re POLICY ON MANDATORY USE OF FACE COVERINGS and General Order 2020-11 In Re RESTRICTIONS ON COURTHOUSE ENTRY DUE TO COVID-19 have been entered and posted on the court's website. https://www.ned.uscourts.gov/internetDocs/pom/orders/GO_2020-10.pdf https://www.ned.uscourts.gov/internetDocs/pom/orders/GO_2020-11.pdf If you have any questions, please contact the clerk's office at 1-866-220-4381 (Omaha) or 1-866-220-4379 (Lincoln). Thank you, United States District Court If you have questions about the above information, please give Partner [...]
Starting June 8, 2020, the US Bankruptcy Clerk’s Office will be open for public access. There are some requirements and restrictions on courthouse entry pursuant to US District Court's - District of Nebraska, General Order 2020-10 and 2020-11. Every person entering the courthouse will be asked if they have reviewed the posted risk factors and if any apply. If so, the individual will be barred from entering the courthouse, unless [...]
Craig Martin, a partner of Lamson Dugan & Murray LLP, was invited to join Fellowship of the Construction Lawyers Society of America. The CLSA is an invitation-only, selective and limited membership international association of the world’s best construction lawyers. The CLSA recognizes experienced and highly qualified lawyers across all practices relating to the construction industry. Congratulations to Mr. Martin for this great accomplishment!
COVID-19 has created chaos in the construction world. One of the biggest problems is staffing projects to meet deadlines on the project. But, what if your company is hit with a COVID-19 outbreak and you cannot staff the job? Have you already agreed to indemnify the upstream contractor or owner for any damages stemming from a COVID-19 outbreak? We recommend reviewing your indemnity obligations to determine your risk and the [...]
Mark Novotny, one of the founding partners of Lamson Dugan & Murray LLP, was the speaker at the May 28, 2020 meeting of the Nebraska Dental Implant Study Club. The Study Club brings dental implant surgeons from across the state to share information to better provide dental implant care to Nebraska residents. Mr. Novotny’s PowerPoint presentation was entitled: “Above the Standard of Care” and discussed the clinical and litigation implications [...]
Updates in red Due to the global pandemic of COVID-19, a public health emergency has been declared in the United States. Experts say that one of the most effective ways to protect against this disease is to limit the risk of exposure. This has prompted the “Stay at Home” movement for many Americans, but many judicial matters still need prompt attention during this time. Varying regulations have been put into [...]
We have all been dealing with the impact of COVID-19, but the situation becomes more personal when one of our own employees reports that he or she is suffering from COVID-19 symptoms. And, with all the guidance out there, it may be difficult to figure out exactly what to do. We sifted through the various CDC guidance and other governmental regulations on this and compiled these best practices on responding [...]
- A lien for the supplier of agricultural inputs for production of livestock or crops As we discussed, the agricultural production lien-notification can provide additional security on a debt for chemicals, feed, seed, petroleum, electricity or labor used in the production of livestock or crops. However, the lien-notification statement does not perfect the lien. To perfect the lien, the supplier is required to file a financing statement similar to the [...]
The CDC has issued more comprehensive guidance and guidelines in support of President Trump’s plan for reopening the United States. Included, in Appendix F, is specific guidance for a number of industries including child care programs, schools and day camps, employers with workers at high risk, restaurants and bars and mass transit administrators. The guidance includes information regarding scaling up operations, safety action, monitoring and preparing and closing. Link: https://www.cdc.gov/coronavirus/2019-ncov/downloads/php/CDC-Activities-Initiatives-for-COVID-19-Response.pdf [...]
Over the past several months, EEOC, DOL, OSHA and other federal agencies have provided answers to dozens, if not hundreds, of questions regarding how employers should handle their responsibilities to employees during this unprecedented time. The EEOC has reminded employers of their obligations, even during the COVID-19 pandemic, to comply with federal anti-discrimination laws including the Americans With Disabilities Act. Recently, the EEOC provided guidance that appeared to allow employers [...]
The SBA has published a Paycheck Protection Program Loan Forgiveness Application. The document provides instructions for completing the form and the required calculations. The instructions note that borrowers may complete the application as directed and submit it to their lender (or the lender that is servicing the loan) or they may also complete the application electronically through their lender. Link: https://www.sba.gov/sites/default/files/2020-05/3245-0407%20SBA%20Form%203508%20PPP%20Forgiveness%20Application.pdf If you have questions about the above information, please [...]
The CDC has provided guidance in the form of a flow-chart to help employers make opening, or reopening, decisions during the COVID-19 pandemic. The guidance notes that it is important for employers to also check with the state and local health officials (and other partners) when determining the appropriate actions in light of the specific circumstances of their community. Download flow-chart here: https://www.cdc.gov/coronavirus/2019-ncov/downloads/community/workplace-decision-tree.pdf Full article here: https://www.cnn.com/2020/05/14/health/coronavirus-decision-trees-cdc-wellness/index.html If you have [...]
Updates in red Due to the global pandemic of COVID-19, a public health emergency has been declared in the United States. Experts say that one of the most effective ways to protect against this disease is to limit the risk of exposure. This has prompted the “Stay at Home” movement for many Americans, but many judicial matters still need prompt attention during this time. Varying regulations have been put into [...]
How are churches to conduct their services now that the governor has eased the COVID-19 restrictions? From May 4 through May 31, the rule limiting gathers to ten people will be relaxed for churches in Nebraska. The Nebraska Department of Health and Human Services has issued guidelines for how churches should conduct services while still practicing social distancing. Changes to Church Services Churches are to conduct the services in such [...]
LINCOLN – Today, at his daily coronavirus press briefing, Governor Pete Ricketts announced that less restrictive Directed Health Measures (DHMs) will take effect in three additional regions in southern Nebraska on May 18, 2020. These regions are the South Heartland, Public Health Solutions, and Two Rivers districts. The Governor also issued guidance to resume baseball and softball in June, with enhanced physical distancing measures in place for the safety of athletes, [...]
With everything else going on this Spring, employers may have forgotten that they need to start using the new Form I-9. You can find a copy of the new Form I-9 here. This new form, which was published in January, 2020, went into effect on May 1, 2020 and employers should not use the older versions from this point on. Below are some answers to questions we’ve been receiving about [...]
Congress replenished the Economic Injury Disaster Loan (EIDL) by passing a new law in April that became effective on May 4, which added $60 billion to the program. The SBA reopened its EIDL portal on May 4, 2020, for agricultural businesses to apply for grants and low interest, long-term loans. Agricultural businesses are defined as businesses engaged in the production of food and fiber, ranching, and raising of livestock, and [...]
The risk of mass bankruptcies across the U.S. continues to rise as more companies grapple with the fallout stemming from efforts to battle the spread of coronavirus cases, according to one leading bankruptcy professor. According to data watched by NYU Stern School of Business professor emeritus Ed Altman, bankruptcy and default potential for high-yield companies doubled from 5% to 10% in just a few weeks. “Today, our numbers are showing a likely [...]
LINCOLN – Today, Governor Pete Ricketts provided an update to the State of Nebraska’s efforts to procure necessary supplies for health care facilities, cities, and counties to help combat COVID-19. The Materiel Division within the Nebraska Department of Administrative Services (DAS) is responsible for the purchase of goods and services on behalf of the State. The State is not merely supplying its own needs, but is also keeping local health care [...]
In August of last year Congress passed, and Mr. Trump signed, legislation to make Chapter 11 more helpful for “small business” debtors, “The Small Business Reorganization Act” (“Subchapter V”), see https://www.congress.gov/116/bills/hr3311/BILLS-116hr3311enr.pdf. Subchapter V became effective February 19th of this year. Principal changes for “small business” debtors which elect Subchapter V treatment include elimination of the “absolute priority rule” applicable to Chapter 11 plan confirmation (this rule generally precludes a Chapter [...]
Updates in red Due to the global pandemic of COVID-19, a public health emergency has been declared in the United States. Experts say that one of the most effective ways to protect against this disease is to limit the risk of exposure. This has prompted the “Stay at Home” movement for many Americans, but many judicial matters still need prompt attention during this time. Varying regulations have been put into [...]
Recognizing the difficulties employers are facing during the ongoing pandemic, the Occupational Safety and Health Administration (“OSHA”) released an enforcement memo, entitled “Discretion in Enforcement when Considering an Employer’s Good Faith Efforts during the Coronavirus Disease 2019 (COVID-19) Pandemic.” This guidance relaxes enforcement for failures to provide annual training or conduct other routine audits due to COVID-19. In the memo, OSHA stated that during an inspection, Compliance Officers should evaluate [...]
OSHA continues to provide information and best practices for employers in dealing with COVID-19 in the work place. OSHA has issued several “alerts” offering guidance for employers in the retail sector, in construction, in the manufacturing industry and in the package delivery industry. COVID-19 Guidance for the Construction Workforce OSHA is committed to protecting the health and safety of America’s workers and workplaces during these unprecedented times. The agency [...]
The coronavirus is interrupting life as we know it, including construction projects. Throughout the country, contractors are issuing notices of schedule delays and how you respond to such a notice will be crucial to protecting your rights under your contract. Here are some topics to consider when reviewing a notice of delay. Review the Entire Notice This may seem obvious, but dig into the notice to fully understand the basis [...]
Changes in the rules governing small business bankruptcies came at a fortuitous time earlier this year and could provide an easier path to reorganization as many more companies are likely to become insolvent due to the continued effects of the COVID-19 outbreak. In effect since mid-February, the Small Business Restructuring Act makes Chapter 11 proceedings faster, cheaper and more efficient for companies that come to court with debt loads below a new [...]
Updates in red Due to the global pandemic of COVID-19, a public health emergency has been declared in the United States. Experts say that one of the most effective ways to protect against this disease is to limit the risk of exposure. This has prompted the “Stay at Home” movement for many Americans, but many judicial matters still need prompt attention during this time. Varying regulations have been put into [...]
Updates in red Due to the global pandemic of COVID-19, a public health emergency has been declared in the United States. Experts say that one of the most effective ways to protect against this disease is to limit the risk of exposure. This has prompted the “Stay at Home” movement for many Americans, but many judicial matters still need prompt attention during this time. Varying regulations have been put into [...]
As you have likely heard, the Paycheck Protection Program (PPP) funds have run out. While Congress battles about how to add more funds to the PPP, the Small Business Administration has released the specifics about the number of businesses that received loans, the industries and locations. In a nutshell, the SBA approved 1,661,367 loans from 4,975 lenders. The average size of the loans was $206,000 and about 75% were for [...]
- A lien for the supplier of agricultural inputs for production of livestock or crops On first look, the agricultural input lien may seem redundant to the fuel, fertilizer, pesticide, seed and electricity liens. However, the agricultural input lien can provide additional priority against other creditors in protecting a supplier's security interest if a certain hoop is jumped. Considering the current economic and social situation, the extra jump may [...]
LINCOLN – This afternoon, Governor Pete Ricketts announced the State’s first step to relax the health measures implemented to slow the spread of COVID-19. Starting on May 4th, elective surgeries may resume as long as hospitals and healthcare facilities meet requirements for available bed capacity and have adequate supplies of personal protective equipment (PPE). Additionally, the Governor announced that the State is giving greater authority to healthcare providers to conduct tests [...]
LINCOLN – Today, during his daily COVID-19 press briefing, Governor Pete Ricketts announced regulatory changes to give restaurants the flexibility to sell packaged foods to customers. Under normal circumstances, restaurants cannot sell packaged foods—like loaves of bread or cartons of eggs—that do not have nutrition labels. The Governor explained that the intent of the change is to give Nebraskans greater access to food, while also helping restaurants add another revenue stream [...]
LINCOLN – This afternoon, Governor Pete Ricketts issued an executive order to expand childcare options for working Nebraska families and to provide relief for childcare centers participating in the State’s Child Care Subsidy Program. The order suspends two regulations governing the State’s Child Care Subsidy Program. First, the Governor’s order allows licensed child care providers within the program to bill the State for days when a child is absent from care. [...]
I know we’ve all had a fair share of questions regarding what is an “essential business” that would be allowed to remain open if the Nebraska Governor issued a shelter in place/shutdown order. While Gov. Ricketts has said he doesn’t intend to issue such an order, as we know, things change. The Cybersecurity & Infrastructure Security Agency (CISA) in the Dept. of Homeland Security put together guidance on the essential [...]
Shelter in place orders abound throughout the country, yet construction continues to march on. As we continue to deal with the impact of COVID-19, it’s important that you know whether your construction work is considered essential. Your local government, state, county and city, may have established guidelines which will impact your operations. For example, Nebraska has “requested” that everyone stay at home and social distance at work. Construction projects are [...]
On Friday April 10, 2020 OSHA issued enforcement guidance related to the recording of cases of COVID-19. COVID-19 is a recordable illness and employers must record cases of COVID-19 if certain conditions are met. One component in this determination is whether the case was work related. In its recent guidance OSHA advises that, except for employers of works in the healthcare industry, emergency response organizations and correction institutions, employers will [...]
Updates in red Due to the global pandemic of COVID-19, a public health emergency has been declared in the United States. Experts say that one of the most effective ways to protect against this disease is to limit the risk of exposure. This has prompted the “Stay at Home” movement for many Americans, but many judicial matters still need prompt attention during this time. Varying regulations have been put [...]
I know we’ve all had a fair share of questions regarding what is an “essential business” that would be allowed to remain open if the Governor issued a shelter in place/shutdown order. While Gov. Ricketts has said he doesn’t intend to issue such an order, as we know, things change. The Cybersecurity & Infrastructure Security Agency (CISA) in the Dept. of Homeland Security put together guidance on the essential critical [...]
