Public Law

E-LEGAL® NEWSLETTER – SEPTEMBER 2020

I. EDITORIAL – AMENDMENT OF THE EXCEPTIONAL AND TEMPORARY MEASURES IN THE CONTEXT OF THE COVID-19 PANDEMIC

The month of September was characterised, at the legislative level by Decree-Law no. 78-A/2020, of September 29, which brought another amendment of the exceptional and temporary measures relating to the COVID-19 disease pandemic.

It is also worth mentioning, at the legislative level, Law no. 58-A/2020, of September 30, which extended the extraordinary regime of protection for tenants until the end of 2020. Read more…

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Ecuador – IMF reached agreement on $6.5 bln facility and funds are being disbursed

Ecuador and The International Monetary Fund reached an agreement for a new $6.5 billion facility to help the South American country address the economic shock caused in part by the  drop in oil prices  and the COVID-19 pandemic.

The agreement approved by the IMF’s executive board, helped for the already executed settlement of a $17.4 billion debt exchange between Ecuador and its creditors.

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COVID19 – REGULATION UPDATED ON 08/13/2020

Covid19 – Regulation updated on 08/13/2020 can be read here.

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San Francisco Ordinance Imposes New ‘Cleaning and Disease Prevention Standards’ and an Employee Training Mandate on Hotels and Large Office Buildings

Seeking to prevent San Francisco’s return-to-work program from reigniting a surge of COVID-19 cases, the city’s Board of Supervisors (“Board”) has passed the “Healthy Buildings Ordinance” (“Ordinance”). This temporary emergency measure, which Mayor London Breed signed on July 17, 2020, and which is effective immediately, (i) establishes cleaning and disease prevention standards in tourist hotels and large commercial office buildings; (ii) mandates employee training on these standards and various protections employers must provide for workers as they perform their duties, and (iii) prohibits retaliation against employees “for refusing to perform work under conditions they believe may be unsafe or for reporting such conditions or exercising rights protected by the ordinance.” The Ordinance will expire 61 days from its enactment unless reenacted.

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New York State Executive Order Requires Out-of-State Travelers to Quarantine and Amends Covid-19 Sick Leave Law

One June 15, 2020 and June 24, 2020, New York Governor Andrew Cuomo issued two Executive Orders (“EO”) numbers 202.45 and 205, which address COVID-19 travel-related restrictions. EO 202.45 temporarily modifies New York State’s pandemic-related Sick Leave Law to prohibit employees from receiving paid sick leave benefits if, as of June 25, 2020, they travel to a “restricted state” for non-work related reasons and contract COVID-19. EO 205 (the “Travel Advisory”) imposes a 14-day quarantine requirement on travelers from a “restricted state” entering New York. For the purposes of both orders, a “restricted state” is a state with a COVID-19 positive test rate higher than 10 per 100,000 residents, or higher than a 10% test positivity rate, over a seven day rolling average, based on data provided by the states.

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New Jersey Governor Extends Public Health Emergency Until Early August 2020

On July 2, 2020, New Jersey Governor Phil Murphy signed Executive Order 162 (“EO 162”) extending the state’s Public Health Emergency by thirty days, i.e., until approximately August 2, 2020. Pursuant to EO 162, all Executive Orders and actions taken by any Executive Branch departments and agencies (including Administrative Orders) that were adopted in whole or in part based on the current Public Health Emergency will remain in full force and effect. A declared public health emergency gives Gov. Murphy and state department leaders expanded authority to respond to a crisis such as COVID-19.

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New Jersey: Rules for Re-Opening Indoor Retail, Recreational and Entertainment Businesses and Individual Instruction at Gyms

On June 26, 2020, New Governor Phil Murphy issued Executive Order 157 (“EO 157”), which details rules for the reopening of indoor retail, recreational and entertainment businesses (including casinos) and individual instruction at gyms.  Initially, EO 157 also permitted indoor dining (with restrictions) to begin on July 2, 2020,  but Gov. Murphy reversed that decision three days later via Executive Order 158 (“EO 158”) and has said that indoor dining in New Jersey will continue to be prohibited indefinitely.  Gov. Murphy based this reversal on the “spikes in COVID-19 cases” in other states that have allowed indoor dining and the need to remove masks indoors for extended periods while eating and drinking.

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Connecticut’s Plan to Reopen Businesses – Rules for Phase 2 Businesses

On June 7, 2020, Governor Lamont issued Sector Rules that Connecticut businesses must follow in order to open during Phase 2 of the state’s reopening plan.

Phase 2 (which began on June 17, 2020) includes the following sectors:

  • Amusement parks
  • Hotels/lodging
  • Restaurants (indoor)
  • Museums, zoos and aquariums
  • Indoor recreation (e.g. bowling, movie theaters etc.)
  • Libraries
  • Outdoor events
  • Personal services (e.g. nail salons, tattoo parlors, etc.)
  • Sports and fitness facilities (e.g. gyms, fitness centers, pools, etc.)
  • Film, television and digital media production
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CORONAVIRUS CRISIS BRIEFING

All information contain within this update is accurate at the time of publication. During these unprecedented times where the situation is constantly changing at pace it is vital that you take expert advice where necessary. Please do not hesitate to contact us if you wish to discuss any issues covered in these updates further. The Hill Brown Licensing Team and the wider team at Miller Samuel Hill Brown remain committed to providing the fullest possible service for the trade at this extremely challenging time. Read more…

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NJ Governor Again Increases Permissible Size of Gatherings and Clarifies the Meaning of “Outdoor Area” for Purposes of Outdoor Dining

On June 22, 2020, New Jersey Governor Phil Murphy issued Executive Order 156  (“EO 156”), which, effective immediately, increases the permissible number of attendees at indoor and outdoor gatherings from the limits he established in Executive Order 152  (“EO 152”) (which we wrote about here).

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