Subject: GEA - Special 24



COVID-19: News
and Updates
  Special #25  -  April 24, 2020

Articles and Updates Today

- Minimum Basic Operations to reopen Georgia Businesses / Governor Kemp's Executive Order 
From Dublin-Laurens County Chamber of Commerce

What’s Next: What Businesses Can Expect with Georgia Reopening
By Mel Haas & Jonathan Martin
Constangy, Brooks, Smith & Prophete, LLP

- Legal Bulletin: The COVID-19 pandemic may spur union organizing and complicate union relations: Part Two
Constangy, Brooks, Smith & Prophete,LLP
April 22, 2020

Georgia Department of Public Health COVID-19 Daily Status Report  

* Note: If you have any employment law/HR topics or issues you would like to see us cover in the News and Updates please email us at chris@georgiaemployers.org.


Contact Governor’s Office of Constituent Services 
Call if you need an immediate response with a time-sensitive issue.
COVID-19 Hotline: (844) 442-2681

What’s Next: What Businesses Can Expect with Georgia Reopening
Mel Haas & Jonathan Martin
Constangy, Brooks, Smith & Prophete, LLP


Governor Kemp’s April 20, 2020 Executive Order:
   
Included Businesses
  • Gyms, bowling alleys, barbershops, estheticians, massage therapists, and hair salons may begin reopening their businesses on April 24, 2020. However, they must adhere to the Minimum Basic Operations and the additional requirements outlined below.

  • Medical practitioners, including dentists, orthodontists, optometrists, physical therapist, etc., that have chosen to cease operations or ceased the performance of elective procedures to resume treating patients, and those healthcare providers are not subject to the mandatory requirements for businesses operating under Minimum Basic Operations.
 Minimum Basic Operations
  1. The minimum necessary activities to maintain the value of a business, establishment, corporation, nonprofit corporation, or organization, provide services, manage inventory, ensure security, process payroll and employee benefits, or for related functions. Such minimum necessary activities include remaining open to the public subject to the restrictions of this Order.

  2. The minimum necessary activities to facilitate employees or volunteers being able to work remotely from their residences or members or patrons being able to participate remotely from their residences.

  3. Instances where employees are working outdoors without regular contact with other persons, such as delivery services, contractors, landscape businesses and agricultural industry services.
Requirements for Re-Opened Workplaces
  1. Screening and evaluating workers who exhibit signs of illness, such as a fever over 100.4 degrees Fahrenheit, cough, or shortness of breath;

  2. Requiring workers who exhibit signs of illness to not report to work or to seek medical attention;

  3. Enhancing sanitation of the workplace as appropriate;

  4. Requiring hand washing or sanitation by workers at appropriate places within the business location;

  5. Providing personal protective equipment as available and appropriate to the function and location of the worker within the business location;

  6. Prohibiting gatherings of workers during working hours;

  7. Permitting workers to take breaks and lunch outside, in their office or personal workspace, or in such other areas where proper social distancing is attainable;

  8. Implementing teleworking for all possible workers;

  9. Implementing staggered shifts for all possible workers;

  10. Holding all meetings and conferences virtually, wherever possible;

  11. Delivering intangible services remotely wherever possible;

  12. Discouraging workers from using other workers' phones, desks, offices, or other work tools and equipment;

  13. Prohibiting handshaking and other unnecessary person-to-person contact in the workplace;

  14. Placing notices that encourage hand hygiene at the entrance to the workplace and in other workplace areas where they are likely to be seen;

  15. Suspending the use of Personal Identification Number (PIN) pads, PIN entry devices, electronic signature capture, and any other credit card receipt signature requirements to the extent such suspension is permitted by agreements with credit card companies and credit agencies;

  16. Enforcing social distancing for non-cohabitating persons on their property;

  17. For retailers and service providers, providing for alternative points of sale outside of buildings, including curbside pickup or delivery of products and/or services if an alternative point of sale is permitted under Georgia law;

  18. Increasing physical space between workers and customers;

  19. Providing disinfectant and sanitation products for workers to clean their workspace, equipment, and tools; and

  20. Increasing physical space between workers’ worksites to at least six feet.
*****
Governor Kemp’s April 23, 2020 Executive Order:

Effective from May 1st Until May 13th (unless otherwise stated).

High risk individuals must shelter in place (except when conducting/participating in essential services, necessary travel, working in Critical Infrastructure, or conducting minimum necessary activities to maintain the value of a business, establishment, corporation, non-profit, or organization no classified as Critical Infrastructure. 
  • 65 years or older
  • Living in a nursing home
  • Chronic Lung Disease
  • Moderate to Severe Asthma
  • Severe Heart Disease
  • Immunocompromised – cancer treatment, smoking, bone marrow or organ transplant, immune deficiencies, poorly controlled HIV or AIDS, and prolonged use or corticosteroids and other immune weakening medication
  • Persons of any age with class III or severe obesity
  • Diagnosed with diabetes, liver disease, or chronic kidney disease and is undergoing dialysis.
Effective April 27, 2020

Restaurant/Dining Services

  • No more than 10 patrons per 500 square feet – including waiting and bar areas, but not hallways, restrooms, and spaced closed to patrons.
  • Those operating must implement specific COVID-19 mitigation measures. (list of 39 measures)
Industry, Commerce, Organizations, & Non-Profits

Critical Infrastructure must implement measures to mitigate exposure and spread of COVID-19. This may include, but is not limited to:
  • Screening employees – symptoms, checking temperature
  • Requiring workers who exhibit signs of illness to not report/seek medical attention
  • Enhance sanitation
  • Disinfect common surfaces regularly
  • Require hand washing
  • Prohibit gatherings of worker
  • Permit workers to take breaks outside or other places where social distancing is attainable
  • Implementing teleworking for all possible workers
  • Implementing staggered shifts where possible
  • Holding meetings virtually where possible
  • Delivering intangible services remotely
  • Discouraging workers from using other workers phones, desks, offices, tools, and/or equipment
  • Prohibiting handshaking
  • Open sales registers must be 6 feet apart
  • POS equipment should frequently be cleaned/sanitized
  • Notices for hand hygiene at entrance and other workplace areas.
  • Suspending use of PIN pad, pin entry devices, etc. to the extent possible.
Those that are not Critical Infrastructure must implement the measures above and the following measures:
  • If retail, posting sign on door stating that if individuals have a fever or other symptoms, they shall not enter.
  • Enforcing social distancing of non-cohabitating persons while present on such entity’s leased or owned property.
  • For retailers and service providers, providing for alternate points of sale outside of buildings including curbside pick-up or delivery of products/services if permitted under Georgia law.
  • Increasing physical space between works and patrons.
All businesses should implement the following measures if practicable:
  • Providing PPE as available and appropriate for the business location
  • Providing disinfectant and sanitation product for workers to clean their workspace
  • Increasing physical space between workers to at least 6 feet
Swimming pools, performance venues, operators of amusement rides, and bars must remain closed (until May 13th)

Retail/Grocery Stores must implement additional measures:
  • Limiting patrons inside the store to 50% of fire capacity or 8 patrons per 1000 square feet
  • Encouraging use of hand sanitizer upon entrance of the store
  • Encouraging non-cash payments
  • Sanitizing entrance and exit at least 3 times per day
  • Encouraging workers to report any health/safety concerns
  • Installing protective screens or other mitigation measures where worker-patron interactions are likely
  • Providing additional hand sanitizer within business
Grocery Stores may implement additional measures (list of 13 on pp.13-14)

Gyms and Fitness centers must implement certain measures (list of 16 on pp. 14-15)

Tattoo Parlors must implement certain measures (list of 13 on pp. 15-16)

Movie theatres must implement certain measures (list of 8 on p. 16).
Bowling Alleys must implement certain measures (list 11 of on pp.16-17).
Those working outside without regular contact with other persons – delivery services, contractors, landscape, or agriculture must practice social distancing and implement sanitation practices. 
Dentists must adhere to American Dental Associations Interim guidance in addition to Critical Infrastructure requirements.
Optometrists must adhere to American Optometric Associations guidance and Georgia Optometric Association guidelines in addition to Critical Infrastructure requirements.
Opticians must adhere to CDC guidance in addition to Critical Infrastructure requirements.
Ambulatory Surgical Centers must implement measures to prevent the spread of COVID-19, and it may include measures listed on p. 19.

Education & Children
  • Schools, Colleges, and Universities can require faculty and staff to attend meetings and activities for distance learning, research, administrative maintenance, or prep for 2020-2021 school year.
  • Childcare facilities should not transport children other than from their place of residence to the child care facility.
  • If child care facilities are operations they must implement measures to prevent spread. (list of 13 on p. 21).
Local Communities cannot enact orders that are more or less restrictive.
Many mayors and local health departments have called on the Governor to allow municipalities to put restrictions on the reopening of businesses based on the data of their local community. In his most recent order, the Governor stated that municipalities may issues orders or rules that are consistent with his orders, but any order or rule that is more or less restrictive is not consistent or valid.

*****
Should You Reopen?

CDC Guidance

  1. Are you in a community no longer requiring significant mitigation?
  2. Will you be able to limit non-essential employees to those from the local geographic area?
  3. Do you have protective measures for employees at higher risk (e.g. teleworking, tasks that minimize contact)?
*You should only consider reopening if you can answer “yes” to each of the three questions.

Bringing Employees Back to Work

Rehiring Bias 
  • Are you going to bring people back in waves? If so, how do you choose who to bring back? Careful when you are considering those who are vulnerable v. non-vulnerable because we could bring up discrimination issues – age, disability, or pregnancy. If you only need some of your workforce back for the time being – should you implement voluntary return to work, so that those who are not comfortable do not have to return. If you are doing waves – think of who you are bringing back in what positions and why that person over another person.

Workplace Safety 

CDC guidance

1. The CDC’s recommended safety actions include:
  • Promoting healthy hygiene practices;
  • Intensifying cleaning, disinfection (e.g., small static groups, no large events);
  • Canceling non-essential travel, and encouraging alternative commuting and telework;
  • Spacing out seating (more than 6 feet) and staggering gathering times;
  • Restricting use of any shared items and spaces; and
  • Training all staff in above safety-actions.
2. The CDC also recommends that you only reopen after you have implemented safeguards for the ongoing monitoring of employees, including:
  • Encouraging employees who are sick to stay home;
  • Establishing routine, daily employee health checks;
  • Monitoring absenteeism and having flexible time off policies;
  • Having an action plan if a staff member gets COVID-19;
  • Creating and testing emergency communication channels for employees; and
  • Establishing communication with state and local health authorities.
OSHA Guidance - OSHA has published a guide on preparing workplaces for COVID-19. 

1. Develop and Infectious Disease Preparedness and Response Plan
  • Assess level of risk in the workplace and job tasks performed at the workplace.
  • Consider how workers may be exposed – where, how, and what sources
2. Implement Basic Infection Prevention Measures
  • Hand washing
  • Stay at Home if Sick
  • Respiratory Etiquette
  • Flexible worksites/hours
  • Discourage use of other’s items, tools, or equipment
  • Implement routine cleaning and disinfecting.
3. Develop Policies and Procedures for Prompt Identification and Isolation of Sick People, if Appropriate
  • Encourage self-monitoring
  • Policies for employees to report when they are sick or experiencing symptoms
  • Isolation polices
4. Develop, Implement, and Communicate about Workplace Flexibilities and Protections
  • Encourage employees who are sick to stay home
  • Flexible sick leave policies
5. Implement Workplace Controls
  • During a COVID-19 outbreak, when it may not be possible to eliminate the hazard, the most effective protection measures are (listed from most effective to least effective): engineering controls, administrative controls, safe work practices (a type of administrative control), and PPE. 
  • There are advantages and disadvantages to each type of control measure when considering the ease of implementation, effectiveness, and cost. In most cases, a combination of control measures will be necessary to protect workers from exposure to COVID-19.

Safety Lawsuits

1. Workers’ Compensation
  • Generally, for an injury or occupational disease to be considered payable, the condition must be “connected to” the employment. Before coronavirus, determining whether a particular illness was incidental to the employee’s work usually involved a determination of whether the employee was exposed to a greater risk of illness than the general public. Many states’ workers’ compensation laws exclude “ordinary diseases of life,” such as the common cold or the flu, from payable workers’ compensation claims.

  • The U.S. Department of Labor seems to agree that connecting the coronavirus illness to an employee’s work may be a difficult task. In a recent announcement, the DOL advised that most employers will not have to include COVID-19 cases as recordable incidents for OSHA recordkeeping purposes absent “objective evidence” establishing the work-relatedness of the illness. The announcement acknowledged that determining whether a worker contracted COVID-19 while working is difficult, given the ongoing community spread of the disease. You should report the incident to your insurance carrier.
2. Negligence
  • Employees who become sick may also look to bring negligence claims against their employers. The best practice to defend against these suits is to follow state and local regulations, as well as OSHA and CDC guidance. Since guidance and procedures are ever evolving, it’s important for employers to document the information on which they are relying at the time of each decision and to understand where that documentation is located. 

  • Similarly, where employers have prioritized implementation decisions—whether based on cost, supply chain issues, local conditions (including local stay-at-home orders or public health guidance), or other factors—understanding and documenting the reasoning behind those prioritization decisions at the time they were made could be important defense evidence. 

  • To that end, employers should also consider what portions of the company’s decision-making involve attorney-client and work-product privileges and what portions will be available for disclosure during litigation.
Clear communication is critically important. 
  • The more employees can understand the conditions under which they are working, the known facts or government guidance surrounding COVID-19, how their employer is prioritizing their health and safety, how to respond to sickness or symptoms in their workplace (whether those symptoms are their own, a coworker’s, or a customer’s), the expectations for their job performance during these abnormal times, and the options available to them should they have concerns or issues, then the less likely they are to view their circumstances as a potential lawsuit.
The Health of Your Employees

Screening - When screening employees entering the workplace, employers can rely on the CDC, other public health authorities, and reputable medical sources for guidance on emerging symptoms associated with the disease. This can guide an employer on what questions to ask employees to properly assess whether or no they are a direct threat to the workplace.

Diagnostic Testing -  Currently there are several types of diagnostic tests available that employers may choose to implement when bringing their workers back to the workplace. These include both blood tests (screening for antibodies) and nasal/throat swabs (looking for the virus itself). When conducting these tests in the workplace, they should be administered by a health care professional and in a manner that is consistent with the requirements of the Centers for Medicare and Medicaid Services (CMS) and U.S. Food and Drug Administration (FDA).

Confidentiality -  Employers should take all possible steps to ensure confidentiality as to any health information related to employees. This includes any documents, results of screening, and any instances of a positive test. Employers may disclose the employees name to a public health agency if the employee tests positive.

Accommodations -  Employers may receive accommodation requests for a number of reasons. Employers may receive requests from individuals whose disability put him or her at a greater risk of contracting COVID-19, where the employee is looking to eliminate possible exposure. Employers may be able to accommodate this request at a low cost with materials already on hand or easily accessible, or reducing contact with others (changing work environment). Employers may also receive requests from employees who are required to wear PPE and are seeking an accommodation. For example, if someone who is deaf and needs to be able to read lips, or who seeks religious accommodations.
Flexibility by employers and employees is important in determining if some accommodation is possible in the circumstances. Temporary job restructuring of marginal job duties, temporary transfers to a different position, or modifying a work schedule or shift assignment may also permit an individual with a disability to perform safely the essential functions of the job while reducing exposure to others in the workplace or while commuting.

Work Arrangements - Look for different work arrangements that may accomplish social distancing requirements and further protect your employees. This can include changing the office layout so that employees are not as close to each other. Employers could put up partitions to shield contact between employees and/or customers. Employers could also implement staggered shifts or schedules to reduce the number of employees in the workplace at once. Finally, employers could continue to let employees work from home where practical. 

Other Legal Considerations

FFCRA Paid Leave and Emergency FMLA

What about rehired employees?
  • There is no waiting period for the Paid Sick Leave, so all employees are eligible for that. If an employee was laid off or terminated after March 1, 2020, and is rehired by the employer before December 31, 2020, they will be entitled to EFMLA if they had been on the employer’s payroll for 30 or more of the 60 calendar days prior to the layoff or termination.
Discrimination Issues -  Lawsuits alleging that employees have been wrongfully denied FFCRA paid leave benefits or terminated in retaliation for requesting such benefits have already begun. So, employers must be careful when deciding who they would bring back to work and any subsequent action they may take against employees who request leave for any reason under the FFCRA.

PPP Loans
  • As you bring workers back, if you received a PPP loan, you will want to ensure that you can get the maximum forgiveness. The forgiveness period is for 8 weeks and starts the date the lender makes the first distribution under the loan to the borrower. To receive full forgiveness, you cannot reduce your salaries or your FTE by more than 25% in that 8 week period.
    Because the CARES Act refers to “full-time” employees and not specific employees, you most likely do not have to rehire the same people. To the extent that you can rehire your workers, it is recommended. Simply increasing the salaries of employees, but hiring back less may impact your forgiveness amount because the FTE is not within the acceptable range. When bringing back employees, employers should have them sign an acknowledgement that they are being paid at the same level and that they understand the previous employment policies are still in force. 
Union Issues

Non-Unionized Workforce
  • Unions will prey on fear and emotions right now. This means that they will focus on the issues of job security and safety of employees. So it is important for employers to adequately address these issues in the workplace.
  • Unions have begun utilizing electronic card signing. This is where employees show their support for a unionized work force by filing out their card online rather than in person.
  • Protected Concerted Activity
Section 7 of the NLRA protects employees who engage in union activities. Section 7 also protects the right to engage in “concerted activities for the purpose of…mutual aid or protection.” This applies to workplaces that have unions and those that do not. It can apply to acts or statements in the workplace, but also may apply to statements made outside the workplace like on social media.

Employees may participate in work stoppages or refuse to work for safety reasons. This may be a form of protected concerted activity, so be cautious when disciplining employees for their refusal to work. It is important to train supervisors on what they can and cannot say to employees during this time.

Employers may want to conduct a Union-Free Audit to determine their susceptibility to unions and implement practices to assist in prevent unionization of the workforce.

Unionized Workforce

1. Recalling the workforce – is there anything in your CBA?
  • When making decisions about who to bring back to the workplace and when, employers with Collective Bargaining Agreements need to ensure that there is no recall procedure that they must follow.
2. Put in enhanced benefits – hazard pay, bonuses, insurance continuation?
  • If certain benefits were put in place or you would like to put certain benefits in place temporarily, you may do that, but the Union will insist that those extra benefits remain. Since these benefits are intended to be temporary and are not included in the CBA, employers do not have to keep them. But they may be point of negotiation if the employer would like other things to change.
3. Supervisor training.
  • It is always important to ensure that your supervisors are trained when dealing with a unionized workforce. Supervisors should understand that many of their decisions are governed by the CBA and they must act in compliance with the NLRB. 
Go to all Governor's Executive Orders>>

LEGAL BULLETIN
Constangy, Brooks, Smith & Prophete,LLP
  by John Duke / AUSTIN / BOSTON / DALLAS offices
and
Andrew Eisenberg / BOSTON office

The COVID-19 pandemic may spur union organizing and complicate union relations: Part Two


April 24, 2020

The Coronavirus pandemic has shuttered much economic activity and forced employers to make business decisions in response to a rapidly shifting legal landscape. The deluge of federal, state, and local orders, regulations, and guidance can complicate labor relations for unionized employers. “Essential employers” who have remained operational have faced demands for increased pay, enhanced leave, and increased safety measures (at the very least). Businesses that are gearing up to resume operations after being shut down and laying off or furloughing employees are likely to face similar demands. Already there have been reports of real and threatened job actions by unionized employees to support those demands.

In addition, employers who have continued to operate during the pandemic and those who are preparing to resume operations have had to generate COVID-19 prevention policies to protect their workforce and customers from the coronavirus. For unionized employers, some have collective bargaining agreements, or “CBAs,” with their union(s) that address these issues, but not all CBAs do. What must a unionized employer do?

Put simply, unionized employers must comply with their collective bargaining agreements and duty to bargain under the National Labor Relations Act lest they face a slew of potential unfair labor practice charges, or grievances under their CBAs. As every unionized employer knows, the NLRA requires them to bargain with the unions representing their employees “in respect to rates of pay, wages, hours of employment, or other conditions of employment.” Put in labor law lingo, employers must bargain over “mandatory subjects of bargaining,” such as pay increases or reductions, layoffs and recall from layoffs, job security, worker health and safety, and attendance and absence policies, to name but a few. But what exactly does this mean during a pandemic?

With one limited exception, the answer is straightforward: the duty to bargain remains the same as it was before the pandemic hit. Thus, the employer’s collective bargaining agreements remain in effect. Here are a few basic rules:
  • An employer is generally not entitled to make unilateral changes to the terms of its CBA.

  • Conversely, an employer is not required to entertain union proposals to modify a CBA during the term of the agreement.

  • Where mandatory subjects of bargaining are not covered by the collective bargaining agreement, an employer is generally required to provide notice to the union and an opportunity to bargain before implementing changes unless the collective bargaining agreement itself grants the employer the discretion to make the changes.

  • If an employer does not have an existing collective bargaining agreement -- either because the CBA has expired or because the employer is negotiating with a union for an initial contract -- all mandatory subjects are subject to the duty to bargain, and an employer is obligated to maintain the status quo as it existed before the union achieved representational status. Generally this means that the employer is prohibited from changing the wages, hours, or terms and conditions of unionized employees’ employment without giving the union notice and an opportunity to bargain.
The one limited exception to the above is the so-called “exigent circumstances” exception. The General Counsel of the National Labor Relations Board – noting the “unprecedented situation” caused by the pandemic – recently and helpfully published a Memorandum summarizing several cases in which the Board considered the exigent circumstances exception and the duty to bargain during emergencies such as hurricanes, a local travel ban due to an ice storm, and the 9/11 attacks. This exception excuses an employer from its bargaining obligation when “economic exigencies compel prompt action.” The upshot of this limited exception is that an employer is privileged to take unilateral action when there are “extraordinary, unforeseen events having a major economic effect that requires the employer to take immediate action.” Absent such a catastrophe, however, an employer must provide the union with notice and an opportunity to bargain when confronted with external exigencies that are not reasonably foreseeable and require prompt action. Even in situations in which an employer is excused from bargaining under the exigent circumstances exception, the employer still has an obligation to bargain over the “effects” of any unilaterally-implemented decision.

What should unionized employers be doing?
  • Before taking any action in response to the pandemic, every employer should review and analyze its CBA to determine what subjects are covered by the agreement. If the CBA does not explicitly address a particular issue, you should analyze the agreement’s Management Rights Clause and any “Zipper Clause” to determine the breadth of these provisions and whether they permit you to unilaterally take the proposed course of action.
Currently, a majority of the NLRB has adopted a “contract coverage”-based analysis in evaluating whether an employer has unlawfully failed to bargain in violation of the NLRA. When engaging in this analysis, the Board looks at the agreement to see whether the challenged act falls within the “scope” of contract language granting the employer the ability to act unilaterally. If it does, then there is no unfair labor practice in not bargaining with the union. If it doesn’t, the employer must engage in bargaining or there is a violation of the law.

Employers should nevertheless proceed with caution. Just because an employer’s actions do not violate the NLRA does not mean that they don’t violate the collective bargaining agreement. An employer may face a grievance and possibly arbitration under the CBA brought by the union to determine whether the employer’s actions complied with the CBA. Thus, if the employer doesn’t have the right to unilaterally take a certain action under the CBA, the employer should give the union notice and an opportunity to bargain about the proposed action.
  • Employers also should review and analyze the no-strike provisions of their CBAs. Most no-strike clauses prohibit employees from engaging in job actions to modify the terms of an existing CBA. However, employers should proceed with caution where the job action is based on safety concerns, because Section 13(a) of the Occupational Safety and Health Act and Section 502 of the Labor Management Relations Act permit employees to refuse to work in certain limited circumstances due to imminent and abnormally dangerous conditions. However, unionized employers without a CBA – either because their CBA has expired or because they are in the process of negotiating an initial CBA – should be aware that employees have the right to strike or engage in other forms of protected concerted activities to support demands to change the terms and conditions of their employment.
  • Unless covered by the CBA, unionized employers should give their unions notice and an opportunity to bargain over COVID-19 prevention policies before implementing such policies.
  • Employers also should be mindful that unions are likely to be submitting numerous information requests regarding how the employer intends to keep employees safe during the pandemic. As a general rule, employers are obligated to furnish to unions, upon reasonable requests, information pertaining to mandatory subjects of bargaining. Such information should be provided to the extent that it exists, is not unduly burdensome to produce, and does not implicate confidentiality concerns. An employer should negotiate with its union over requests that are too onerous or that request confidential information.
  • To the extent that an employer took action under the “exigent circumstances” exception to the duty to bargain, the employer should contact its union(s) and offer to negotiate over the effects of the action if it has not already done so.
There is an additional complication for employers who have obtained loans under the Coronavirus Economic Stabilization Act provisions of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). The CARES Act requires loan recipients not to “abrogate existing collective bargaining agreements for the term of the loan and 2 years after completing repayment of the loan.” Unfortunately, the CARES Act does not define the term “abrogate.” Nor has any guidance been issued to clarify what this provision means. Accordingly, it is uncertain what impact the CARES Act may have on the usual rules of collective bargaining under the National Labor Relations Act. Does this provision of the CARES Act apply only to an employer who tries to get rid of its CBA entirely? Or does it sweep more broadly and also apply, for example, to a collectively bargained modification of an existing CBA, employer proposals to modify an expired CBA while negotiating the terms of a successor contract, or an employer’s implementation of its final offer after negotiating to impasse to replace an expired CBA? These questions have yet to be answered.

The current pandemic has created difficulties for all employers and has the potential to generate particular problems for unionized employers. Oftentimes, the best course for a unionized employer is to try to work with its union to arrive at negotiated solutions. That general rule is just as applicable during this pandemic as it was before. Attorneys in the Labor Relations Practice Group at Constangy are available to help.


Georgia Department of Public Health COVID-19 Daily Status Report

Georgia Department of Public Health COVID-19 Daily Status Report For: 04/24/2020

These data represent confirmed cases of COVID-19 reported to the Georgia Department of Public Health as of 04/24/2020 12:22:57.
A confirmed case is defined as a person who has tested positive for 2019 novel coronavirus.


COVID-19 Confirmed Cases: No. Cases (%)
Total 22147 (100%)
Hospitalized 4221 (19.06%)
Deaths 892 (4.03%)



Visit Georgia Department of Health website for more information: https://dph.georgia.gov/covid-19-daily-status-report



Georgia Employers' Association
Georgia Employers' Association, 577 Mulberry Street, Suite 710, 31201, Macon, United States
You may unsubscribe or change your contact details at any time.