Manufacturers Are Stepping Up to Produce Personal Protective Equipment

Manufacturers across the country have started repurposing or retooling their factories to produce much needed medical supplies and personal protective equipment (PPE). Companies with 3-D printers are being utilized to create face masks and shields and components for medical devices.

Here’s just a glance at what is going on in manufacturing. If you have any questions about manufacturing PPE, one of our attorneys can assist you.

Manufacturing Industry:

• Cycling manufacturers are making face masks and face shields and parts for ventilators and PPE, and even hydroalcoholic gel for hospitals.
• A firearms accessories manufacturer is now making protective gowns and masks. Automobile manufacturers are building respirators and ventilators. Fashion designers and clothing factories are producing face masks. A window manufacturers is producing face shields and exam boxes.

Medical Technology:

• The U.S. medical technology industry as a whole is working to meet the urgent demands by increasing production and are finding new suppliers. According to Scott Whitaker, president and CEO of AdvaMed, an international medical technology association, “We’re exploring ways to repurpose, retrofit, and reimagine the production of PPEs. Factories that typically make shoes and underwear and diapers are being retooled to make surgical gowns and gloves. Industrial paint masks and automotive respirators are being transformed into health care-specific safety masks.”
• The Global Center for Medical Innovation has designed two different face shield types (foam and rigid) that are ready for prototyping and production for manufacturers wishing to produce face shields for healthcare providers. GC
• The University of Wisconsin-Madison’s Department of Engineering has partnered with designers, a hospital, and team of medical providers, and a prototyping company to create an  open source design for a medical face shield.

State Level:

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Privacy and Cybersecurity Practices for Working Remotely During COVID-19

Just as we are adapting our daily lives, cyber-criminals have adapted their nefarious activities to capitalize on people’s fears and potential system weaknesses during COVID-19. Hackers are targeting connection vulnerabilities and sending phishing emails with COVID-19-related subject lines or pretending to be a boss/coworker using a personal account. They have also been sending malware with fake COVID-19 tracker maps, WHO, or CDC information and making social media posts or comments with pleas related to COVID-19.

Reasons systems and data could be particularly vulnerable during COVID-19 include:

• Human error;
• Unvetted personal devices;
• Devices behind in patches or updates;
• Public Wi-Fi networks; and
• Lack of remote work ‘protocol’ or training.

As a result, now more than ever you need to review your company’s data and privacy policies and ensure your workforce can successfully work from home. To illustrate just how important this is, consider Privacy Rights Clearinghouse’s statistic that 11,613,547,443 records have been breached since 2005.

SBA Loan Assistance for COVID-19 Pandemic

UPDATED 4/1/2020

The Small Business Administration (SBA) is offering low-interest economic disaster assistance loans due to the coronavirus/COVID-19 pandemic to Illinois and contiguous counties in Missouri.

For more information, click on the following links:

SBA COVID-19 Disaster Loans

• SBA Disaster Loan Assistance Eligibility
• SBA Disaster Loan Assistance Information
• SBA Disaster Relief Streamlined Process
• How to Apply for SBA Disaster Loan
• COVID-9 Disaster Loan Application

SBA Paycheck Protection Program (PPP)

• PPP Borrower Information Sheet
• PPP Application Form
• Application dates:
  • April 3, 2020: Business owners and sole proprietors can apply through existing SBA lenders*
  • April 10, 2020: Independent contractors and self-employed individuals can apply through existing SBA lenders*
    
    *Additional lenders will be available to make loans after they are approved by the SBA

If you have any questions, one of our attorneys can assist you.

Additional Resources:

Coronavirus/COVID-19 Resource Center

COVID-19 Business Operations for Danna McKitrick

Posted by Attorney Ruth Binger with assistance from Brenda Christmas Marlowe, Marketing Manager. Binger serves both emerging and mature businesses concentrating in corporate law, intellectual property and technology law, cybersecurity, digital media law, and labor and employment law. Her commitment to the success of small to medium-sized businesses, and her understanding of multi-faceted issues inherent in operations, are what distinguish Binger’s practice.

Coronavirus Scams and the FTC

Hat tip to my friend, Harold Kirtz, who is a senior litigator with the FTC:

It is important that we, and our employees, families and friends, be vigilant for various scams playing off coronavirus fears.  For your information, click on the link below for a good summary from the FTC concerning various of these types of scams. 

More than ever, it is important that we engage in safe internet practices.

Coronavirus Scams – What the FTC is Doing

Additional Resources:

COVID-19 Business Operations for Danna McKitrick

Coronavirus/COVID-19 Resource Center

Posted by Attorney David R. Bohm. Bohm is an experienced litigator working with health care, government, and business clients on employment, intellectual property, and complex contract issues. He is also skilled in alternative dispute resolution as a means to solve disagreements without litigation.

(c) tashatuvango www.fotosearch.com

Thoughts for Business Owners Trying to Run a Business During a Pandemic

Who would have thought we’d be in a situation like this? This is the 21st century, not the Middle Ages. The need for action is certain, but the need for panic is not. In fact, panic makes the matter worse for all concerned.

On the personal front, take care of yourself first. You need to have your wits about you at a time like this.

• Keep your mind busy with something other than worry. If you have a hobby, now is a good time to engage in it. Read a book; write a letter; call your mother. If working 80 hours a week has limited time with your kids, spend some time with them now. Just speak to them with open-ended questions. Find out what’s on their minds. Do something together.
• Help someone else – you’ll feel good about it.
• We’ve all heard the saying that every problem is an opportunity. One of the best ways to stay calm is to do something. You can’t sit and fret your way out of this.

On the business front, now is a great time to analyze your situation, both short- and long-term.

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Updated COVID-19 Information: St. Louis City, St. Louis County, Missouri, Outstate Missouri Areas, and Illinois

UPDATED 3/7/2022

Review the links below for guidelines for reopening your business based on your location. If you have any questions, one of our employment attorneys can assist you.

Additional Resources:

• COVID-19 Business Operations for Danna McKitrick
• Coronavirus/COVID-19 Resource Center
• CDC Guidance for Workplaces and Businesses
• CDC FAQs

COVID-19 ORDERS AND INFORMATION

State of Missouri

• Missouri Coronavirus/COVID-19 Information and Updates
• Missouri Vaccine Information

St. Louis Metro Area

St. Louis County

• NEW: Updated St. Louis County Mask Policy – February 2022
• St. Louis County COVID Information and Updates

City of St. Louis

• NEW: City of St. Louis Mask Policy Update – March 2022
• City of St. Louis COVID-19 Information and Updates
  

St. Charles County

• St. Charles County Coronavirus 2019 (COVID-19) Information and Updates
  

Franklin County

• Franklin County Covid Information and Updates

Jefferson County

• Jefferson County Coronavirus (COVID-19) Information and Updates

Lincoln County

• Lincoln County Coronavirus (COVID-19) Information and Updates
• Lincoln County Business Resources
  

Warren County

• Warren County Coronavirus (COVID-19) Information and Updates
• Warren County Dashboard

Other Missouri City and County Orders

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An Employer’s Guide to Paid Leave Under the Families First Coronavirus Response Act

UPDATED 9/21/2020

This chart is intended to provide a general overview of new obligations under the recently enacted Families First Coronavirus Response Act legislation. This new law is complex and subject to regulatory guidance and evolving interpretations. The employment law attorneys at Danna McKitrick, P.C. are available for up-to-date guidance before taking any action. For updated DOL regulations, see Department of Labor’s Updated Regulations for FFCRA effective 9/16/2020.

EMERGENCY FAMILY & MEDICAL LEAVE EXPANSION ACT
(FMLA EXPANSION)

EMERGENCY PAID SICK LEAVE ACT

Reducing Payroll and Avoiding Lawsuits During the Coronavirus/COVID-19 Pandemic

No one knows how long the COVID-19 Pandemic will last.  The predictions are all over the place, from 6 weeks to 4-6 months.  Last week, businesses instituted a hiring freeze. This week businesses are looking at terminating their entire workforce in some cases and shutting down or taking other measures.

According to Moody’s Analytics, over 50% of the 153 million jobs in the economy are at high or moderate risk of being lost.  (In perspective, there were 800,000+ jobs lost in March 2009 during the Great Recession). According to Mark Zandi, chief economist at Moody’s Analytics, “…as many as 10 million of those workers could see some impact to their paychecks — either layoffs, furloughs, fewer hours or wage cuts.”

What are your company’s payroll options when your orders disappear or are substantially reduced?

As flight director Gene Kranz says in Apollo 13, “Work the problem, people.”

How the Washington Attorney General Is Changing Franchise Agreements Nationwide and What It May Mean For You

The state of Washington has a reputation as a worker-friendly state with some of the highest minimum wages in the country. So it’s no surprise that Washington Attorney General Robert Ferguson has been aggressively pursuing large corporate franchisors that include no-poach clauses in their franchise agreements. What is surprising is that he’s affecting franchise agreements across the U.S.  (A “no-poach clause” is language in the franchise agreement that prevents a franchisee from hiring current and former employees of another franchisee or its franchisor.)

Businesses are always trying to gain competitive advantages by pushing the boundaries of regulations that promote fair competition. For example, many workers have non-compete clauses in their take-it-or-leave-it employment agreements. These clauses prevent a  competitive labor market which creates a wage-fixing affect and triggers anti-trust laws. As a result, many courts have determined that non-compete clauses for employees without knowledge of trade secrets and with little ability to sway customers to follow them are unenforceable. Courts have refused to enforce non-competes for yoga instructors, camp counselors, and fast food employees.

Many franchisors include “no-poach” clauses in their franchise agreements. The terms restrict franchisees from poaching each other’s employees by allowing the franchisor to terminate the franchise of any franchisee who hires a worker employed by another franchisee or its franchisor. No-poach agreements and non-compete agreements both discourage employees from leaving their current employer. Continue reading »

New Benefits for Those in Financial Difficulty: The Small Business Reorganization Act of 2019

If you own a small business (defined as one owing less than $2,725,625 in total debt) and are in or nearing financial difficulties, you should contact your attorney to learn more about The Small Business Reorganization Act of 2019 (the Act).

Effective in February 2020, this new addition to Chapter 11 of the U.S. Bankruptcy Code provides the benefits of a traditional Chapter 11 case, but with fewer burdens and more flexibility.

For instance:

• There will be no creditors’ committee to deal with (unless the court orders otherwise).
• A trustee will be appointed instead. This may be a mixed benefit.
  • On one hand, a good trustee might be able to help keep the case moving, negotiate a consensual plan of reorganization, object to claims, and take other burdens off the debtor.
  • On the other hand, a bad trustee might misuse his/her powers and make things worse for the debtor.
  • In either case, the debtor will pay the trustee on a percentage basis, generally under 5% of debtor’s quarterly revenues.
• A status conference must be held within 60 days after the commencement of the case to further a prompt and economical resolution of the various issues involved.
• No disclosure statement will be required, saving both time and attorney fees in the process.
• Only the debtor may file a plan; creditors may not.
• It is somewhat easier to “cram down” the terms of the plan on objecting creditors.
• The Absolute Priority Rule is essentially eliminated, making it easier for owners to retain their ownership in the debtor.
• Confirmation standards are relaxed, making it easier to get your reorganization approved.

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