The National Sea Grant Law Center


Archive: July 2020 Blog Posts

  • When Workers Are Required to Quarantine before Returning to Work, Who Pays?
  • July 23rd, 2020 — by Caroline Heavey — Category: COVID-19 OSHA Torts

  • Workplace health and safety is a top priority to both employers and employees as they go back to work during the COVID-19 pandemic. Employers are at risk of litigation if they do not comply with the recommendations and guidelines issued by the CDC, OSHA, and state and local officials. Employers are also at risk if they do comply with these COVID-19 mandates and guidance. Some employers are mandating that workers quarantine before returning to work. Workers forfeit their personal time and mobility when they submit to mandatory quarantining. Does quarantining qualify as so essential to the job function that the workers deserve pay for the time, or is it part of weighing the costs and benefits of wanting to return to earning a paycheck? The financial determination of whether or not to pay workers for time in quarantine is not clear.

    Read More ➜

  • Dare County Settles Lawsuit With Non-Resident Property Owners
  • July 22nd, 2020 — by Betsy Lee Montague — Category: COVID-19

  • In the beginning of March, many state and local governments passed various executive orders to prevent the spread of COVID-19 within their communities. Dare County, North Carolina, a beach community in the Outer Banks, issued a State of Emergency declaration on March 16th that included a travel restriction. According to the declaration, non-resident property owners and visitors were prohibited from entering the county. Only residents living in the counties of Dare, Currituck, Hyde, and Tyrrell were permitted to enter Dare County. To enforce this travel restriction, county officials set up checkpoints and required proof of residency to gain entry into the county. Non-residents were turned away and not allowed to enter.

    Read More ➜

  • Does A Better Loan Program Already Exist For Small Businesses?
  • July 21st, 2020 — by Ashley Pruitt — Category: COVID-19 PPP

  • According to the Small Business Administration, there were nearly 30 million small businesses supporting more than 56 million jobs in the United States before the current public health crises. But since the COVID-19 pandemic hit the US, it is estimated that more than 100,000 small businesses have permanently closed. The government created grants and loans in the CARES Act specifically targeted for the small-business community, yet those programs suffered a rocky start and are subject to significant usage restrictions. For small businesses that need access to money that can be used more generally, fear the forgiveness stipulations, or are not comfortable with the short repayment timeline, the SBA has retained its 7(a) Loan Programs. 7(a) loans may be exactly what some small-business owners need to weather the COVID disruptions.

    Read More ➜

  • The Economic Injury Disaster Loan (EIDL) Program
  • July 14th, 2020 — by Thomas Finley — Category: COVID-19

  • The COVID-19 pandemic has resulted in thousands of closed businesses, trillions of dollars of damage to the economy, and millions of job losses. The government has determined it has a responsibility to help support businesses during this time, and one of the federal government’s most relevant tools is funding programs provided through the Small Business Administration (SBA). Economic Injury Disaster Loans (EIDL) are loans that the SBA distributes to help small businesses whenever a disaster is declared by the federal government. The loans ensure that a business has access to working capital and can pay for any business expense that it may encounter while it is recovering from the disaster.

    Read More ➜

  • Assumption of Risk Defenses for COVID-19 Exposure Claims
  • July 10th, 2020 — by Betsy Lee Montague — Category: COVID-19 Torts

  • Anyone who has ever gone sky diving or bungee jumping has signed a form acknowledging that they are aware of the inherent risks of the sport. Even though no forms are signed, sport fans attending baseball and hockey games are accepting the risk that they might be struck by a baseball or hockey puck. Assumption of the risk is a major legal challenge that often faces individuals seeking damages for injuries sustained while engaged in risky activities.

    Read More ➜

  • Eviction Freezes During COVID-19
  • July 7th, 2020 — by Ashley Pruitt — Category: COVID-19

  • State, local, and federal government entities across the nation have taken significant steps to relieve the all-encompassing stress our country is feeling from the COVID-19 pandemic, including halting evictions. However, a landlord group in Los Angeles recently filed a lawsuit that claims the City of Los Angeles’ moratorium on evictions and rent increases violates their constitutional rights.

    Read More ➜

  • PPE: The New Norm
  • July 6th, 2020 — by Caroline Heavey — Category: COVID-19 OSHA

  • PPE has become a household term during the COVID-19 pandemic. If your family is like mine, you might even have a PPE station by your backdoor to make sure you are prepared whenever you go out. We are all taking precautions to ward off the virus and help slow the spread. Even though PPE is new to most of our vocabulary, personal protective equipment—PPE’s proper name—is not a new concept when it comes to workplace safety. OSHA has enforced workplace safety standards requiring PPE as a mechanism to mitigate worker exposure to workplace hazards that can not be eliminated entirely. As America goes back to work, many employers who never before had to consider a need for PPE must do so to combat the risk of COVID-19.

    Read More ➜

Stay Current with
Our Publications

Subscribe today to our free
quarterly publication, The SandBar
— and to our monthly newsletter,
the Ocean and Coastal Case Alert.