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Responsible Restart Ohio: Stay at Home Stays in Place – First Phase of Back to Work with Precaution and Protocols

Client Alert
April 27, 2020

Governor Mike DeWine announced new plans today regarding the reopening of Ohio, including the first wave of businesses to welcome employees and customers back inside.

This will not be a rapid process and that is by design, as DeWine emphasizes that the guiding principles behind Ohio’s plan are to protect the health of employees, customers and their families, support community efforts to control the spread of the virus and to take the lead in responsibly getting Ohio back to work.

Here are 6 Protocols for ALL businesses:

  1. Require face coverings for employees and clients/customers at all times. Although Employers are not required to provide masks, and a cloth covering is recommended, we advise that Employers do attempt to provide masks in order to limit exposure to liability.
  2. Conduct daily health assessments by employers and employees (self-evaluation) to determine if "fit for duty."
  3. Maintain good hygiene at all times -- hand washing and social distancing.
  4. Clean and sanitize workplaces throughout workday and at the close of business or between shifts.
  5. Limit capacity to meet social distancing guidelines:
    1. Establish maximum capacity of 50% of fire code and use appointments, where possible, to limit overcrowding.
  6. Contact the local health district about suspected cases or exposures. Click here to find your district.

Ohio’s Timeline by Industry

  • Healthcare and Related – MAY 1
    • As of May 1: All healthcare procedures and operations that can be done that do NOT require an overnight stay in a hospital can take place. Emergency procedures and operations can still take place now, per the previous Executive Order. There will be future guidance on other procedures and operations that require an overnight stay.
    • As of May 1, dentists and veterinarians can be fully operational without limitations.
  • Manufacturing, Distribution & Construction - MAY 4
    • As of May 4, firms can re-open if they have not been open through the pandemic. 
    • All such businesses must follow the above protocols, plus these mandatory sector-specific guidelines.
  • Office Settings – MAY 4
    • As of May 4, office settings can reopen, however, work-at-home is recommended as much as possible.
    • Must follow the above protocols, plus these mandatory sector-specific guidelines.
  • Consumer & Retail – MAY 12
    • As of May 12, consumer retail and general services can reopen. 
    • Must follow the above protocols, plus these mandatory sector-specific guidelines.

NOTE: No formal announcement regarding restaurants, bars, gyms, hair salons, and spas reopening.

BMD will keep you apprised of additional guidance and protocols as they are released over the next several weeks. If you have any questions, please contact your primary BMD attorney.

Responsible Restart Ohiostay at homeback to workGovernor Mike DeWineOhio
Client Alert

Mandatory Filings Under CFIUS New Rules

December 11, 2020On September 15, 2020, the Committee on Foreign Investment in the United States (“CFIUS”) promulgated a final rule modifying its mandatory declaration requirements for certain foreign investment transactions involving “TID US businesses” (sensitive U.S. businesses dealing in critical technologies, critical infrastructure and sensitive personal data) dealing in “critical technologies” – i.e., U.S. businesses that produce, design, test, manufacture, fabricate, or develop one or more critical technologies. The new rule also makes amendments to the definition of the term “substantial interest” (used to determine whether a foreign government has a substantial interest in an entity). The final rule became effective on October 15, 2020.Client Alert

IRS Guidance on Employee Retention Credit

December 11, 2020The Employee Retention Credit created under Section 2302 of the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act is a refundable tax credit against certain employment taxes equal to 50 percent of the qualified wages an eligible employer pays to employees after March 12, 2020, and before January 1, 2021. Since the adoption of the CARES Act, employers have expressed concern that if one employer acquires another employer that previously received a PPP loan, the acquirer’s entire aggregated group may no longer be eligible to claim the Employee Retention Credit.Client Alert

International Sales Contracts - COVID-19 Pandemic and Force Majeure

December 11, 2020Client Alert

Identity Protection PIN Available to ALL Taxpayers in January

December 11, 2020Beginning in January 2021, the IRS will allow all taxpayers who can properly verify his/her identity to obtain an Identity Protection PIN. An Identity Protection PIN (“IP PIN”) is a six digit number assigned to a specific taxpayer to assist in preventing the misuse of a taxpayer’s social security number on fraudulent federal tax returns. Previously, only confirmed victims of identity theft who resolved his/her tax issues with the IRS were eligible for an IP PIN.Client Alert

Updates for Employers Regarding Medical Marijuana

December 11, 2020In 2020, the momentum for marijuana legalization and decriminalization continued. In the November elections, five more states legalized either medical marijuana, recreational marijuana, or both. Although marijuana remains illegal in any form under federal law, just last week, the U.S. House of Representatives voted to decriminalize marijuana usage at the federal level. It's unlikely that the Senate will approve of that, but it is another milestone in what has been a rapidly shifting landscape over the last decade. Given the patchwork of state laws regarding medical and recreational marijuana, widely varied approaches for workplace protections, and the total federal ban, it can be difficult for employers to know how to deal with this issue.
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