Monthly Archives: May 2020

The Demand Letter: A Tool That Should Not Be Underestimated

By Stéphanie Beauchamp, from our Insurance Law Practice Group

May 1, 2020 — Sending a demand letter is part of the usual process of most recovery files. It is sent at different points in time, depending on the way the claim is handled, and on the elements revealed during the investigation. People usually send it automatically, without necessarily understanding all of its implications. What is the actual purpose of the demand letter? What should it contain? Is it always mandatory? Here are a few reminders.

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Recall to Work After the Pandemic: Everything Will Finally be Alright.

By David Paradis, from our Labour and Employment Law Group

May 1, 2020 — Few are the entrepreneurs who did not have to make heart-breaking decisions when the COVID-19 pandemic struck last March: reduction of work hours, temporary wage reductions and, regretfully, terminations and layoffs.

If the governmental emergency measures[1] have offered a certain respite on the hardships endured by the workers and employers alike, both anticipate the eventual return to a certain form of normalcy. Looking forward to the progressive reopening of given economic sectors as of the coming May 4 and 11, here are a few practical tips to keep in mind when planning the recall to work of laid off employees.[2]

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Los Angeles City Council Passes Ordinances Regarding Right to Recall and Worker Retention

On April 29, 2020, the Los Angeles City Council simultaneously passed two ordinances in response to COVID-19 that could potentially have long lasting and far reaching impacts on applicable businesses: the Right of Recall Ordinance and the Worker Retention Ordinance. The Mayor has until May 11, 2020, to act on both of the ordinances. These ordinances, pending approval of the Mayor, will be effective 31 days from their publication date.

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New Jersey Lifts Some Business Closures, Reiterates and Clarifies Others; and Opens Golf Courses and State Parks with Restrictions

New Jersey Governor Phil Murphy and Superintendent of the State Police Colonel Patrick Callahan (who also acts as the State Director of Emergency Management) issued orders this week lifting some closures and reiterating or clarifying others, as follows.

Administrative Order 2020-10

On April 27, 2020, in Administrative Order 2020-10 (“A.O. 10”) , Col. Callahan clarified and amended Executive Order 107 (which we wrote about here).  A.O. 10, which became effective immediately, permits the reopening of certain business operations now deemed “essential retail business,” provided they adhere mandated precautions, but reiterates others that certain others must remain closed, as follows:

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The U.S. DOL Issues COVID-19 Related WARN Act FAQs

The COVID-19 pandemic and the efforts to limit its spread caused a sudden and dramatic shutdown of large sections of the U.S. economy.  Governmental shelter in place orders requiring non-essential businesses to temporarily close forced untold numbers of businesses to furlough or terminate most, and in many cases all, of their employees with little or no warning. For larger employers, mass layoffs and terminations of operations such as these, would normally trigger notification requirements under the federal Worker Adjustment and Retraining Notification (“WARN”) Act (as well as state WARN-type laws, where applicable).

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ILN Today Post

Ohio businesses move towards a slow and restricted reopening

On April 30, Dr. Amy Acton, Director of the Ohio Department of Health, issued a new “Stay Safe Ohio” order that replaced the previous stay at home order and eased certain business operation restrictions. Although the order directs Ohioans to remain home, select businesses and operations in the state are permitted to reopen so long as all workplace safety standards and social distancing requirements are met.

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