CLIENT PORTAL

Coronavirus (COVID-19) – Resources & Guidance

Messner Reeves is proud to announce our Restaurant and Small Business Relief Effort.

In the wake of the COVID-19 pandemic, many restaurants and small businesses are forgoing legal help for fear of accruing expenses they won’t be able to pay. In an effort to give back to the restaurant and small business communities in their darkest hour, Messner Reeves is offering restaurants and small businesses up to four (4) hours of legal services relating to the pandemic at no charge. We know that restaurants and other small businesses are being devastated by this crisis, and we know we can help.

Webinars

Regulations Follow-Up – Small Business Stimulus through the CARES Act
Torben M. Welch, Partner
Rachel Farr, Partner
(Q&A – CRA Webinar 4/13/2020)

Leadership Through Crisis – SBA Programs, HR, and Your Dental Practice
Torben M. Welch, Partner
Matt R. Sullivan, Partner

Rent Concerns During the Pandemic – COVID-19
Deanne R. Stodden, Partner
Matt R. Sullivan, Partner

Small Business Stimulus Through the CARES Act
Torben M. Welch, Partner
Rachel Farr, Partner

Resources

Opening Up America Guidelines: https://www.documentcloud.org/documents/6840702-Opening-Up-America-Guidelines-WH.html

Small Business Administration Guidance for COVID Relief: https://www.sba.gov/funding-programs/loans/coronavirus-relief-options/paycheck-protection-program-ppp

Department of Labor “Employee Rights” poster concerning the Paid Sick Leave and Expanded Family and Medical Leave under the Families First Coronavirus Response Act:  https://www.dol.gov/sites/dolgov/files/WHD/posters/FFCRA_Poster_WH1422_Non-Federal.pdf

Department of Labor ” Families First Coronavirus Response Act: Questions and Answers” (FAQs): https://www.dol.gov/agencies/whd/pandemic/ffcra-questions

https://www.cdc.gov/coronavirus/2019-ncov/index.html

https://www.nytimes.com/news-event/coronavirus

Resources for Restaurants

CARES Act Q&A (with the Colorado Restaurant Association)

Regulations Follow-Up – Small Business Stimulus through the CARES Act Q&A

https://restaurant.org/Covid19

https://www.restaurantbusinessonline.com/

https://www.corestaurant.org/resources/coronavirus-resources

Colorado 

Colorado Safer at Home: https://covid19.colorado.gov/safer-at-home

Initial Denver Economic Relief Package for Businesses, Employees – https://www.downtowndenver.com/wp-content/uploads/NR12-Business-Suport-Package.pdf

Multi-Industry Construction Guidance

Denver: Protecting Your Home

https://covid19.colorado.gov/

https://www.corestaurant.org/resources/coronavirus-resources

https://www.5280.com/2020/03/6-resources-for-colorado-hospitality-workers-in-need/

https://cphp.org/

New York

https://coronavirus.health.ny.gov/home

https://www1.nyc.gov/

Utah

https://coronavirus.utah.gov/

 

Nevada

https://nvhealthresponse.nv.gov/

https://nvhealthresponse.nv.gov/wp-content/uploads/2020/03/3.20-Press-Release.pdf

California

https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/Immunization/ncov2019.aspx

https://www.sccgov.org/sites/phd/DiseaseInformation/novel-coronavirus/Pages/order-health-officer-031620.aspx

FFCRA Summary and Resource Guide for Employers

Messner Reeves’ attorneys John K. Shunk, Stephen K. Lehnardt, and LaRona Mondt Kitzinger compiled the FFCRA Summary and Resouce Guide for Employers attached below. 

Please do not hesitate to contact attorney Stephen Lehnardt for any tax-related questions or attorneys John Shunk or LaRona Kitzinger if you have further questions in regards to employment or leave.

View Full Resource Guide.

FFCRA Fact Sheet

IRS FAQs re: FFCRA Tax Credits

UPDATE: Colorado Health Emergency Leave with Pay ('Colorado HELP') Rule (updated April 30, 2020)

On April 27, 2020, the Colorado Department of Labor and Employment updated its rules that mandate employers in certain industries to provide paid leave for employees who have COVID-19 (coronavirus) symptoms. The Colorado HELP Rules became effective March 11, 2020 by executive order of Governor Jared Polis and remain in effect through May 27, 2020, or the duration of the State of Disaster Emergency declared by the Governor, up to July 11, 2020.

Please do not hesitate to contact Messner Reeves attorneys John Shunk or LaRona Kitzinger if you have further questions or would like assistance complying with these laws.  

View our full alert here. 

Reopening of Medical Aesthetic Services in Colorado

On April 26, 2020 Colorado Governor Jared Polis adopted Executive Order D 2020 044 Safer at Home Guidance and Executive Order D 2020 045 permitting the limited recommencement of voluntary or elective procedures in Colorado. In conjunction with these Executive Orders, the Colorado Department of Public Health and Environment (CDPHE) issued Public Health Orders 20-28 and 20-29 which outline required protocol and procedures to be implemented for businesses that are reopening. This article addresses these regulations and guidance for re-opening for med spas.

Note, proper compliance will require a highly fact-intensive inquiry with respect to applicability and implementation. As such, we highly recommend consulting a lawyer before reopening to ensure compliance and proper procedures are implemented.

Please do not hesitate to contact Messner Reeves attorneys Michelle Harden, LaRona Kitzinger, or Maria Bock if you have further questions or would like assistance complying with these laws.  

View our full alert here.

Colorado Transitions to 'Safer-at-Home' Phase by Extending Order D 2020 to May 23, 2020

Guidance for Safer At Home: https://covid19.colorado.gov/safer-at-home

Executive Order  D 2020 044: https://drive.google.com/file/d/1w4xfCKF3ELTULfpqLoASRofW_LRb2glz/view

The City and County of Denver extended its existing stay-at-home order, which consists of the State’s Public Health Order 20-24, to May 8, 2020. The City extended the order without any revisions.

California Cities Enhance Paid Sick Leave Under COVID-19 [Updated April 22, 2020]

Even before the current COVID-19 pandemic, several California cities had already enacted ordinances providing for paid sick leave more generous than that provided by state law. In response to COVID-19, some of those same cities have implemented emergency measures to increase the paid sick leave benefits to certain workers. For employers with employees working in those cities, it is important to know whether the new laws apply to your business and, if so, what is required. Below is a summary of those new laws.

View our full alert here. 

Updated Guidance Regarding Liquor Enforcement Division Response to COVID-19 (Colorado)

Wineries and Distilleries are now allowed to sell out of their approved sales rooms for off-premises consumption. Additionally, distilleries may deliver their product to customers via their employees. Growlers and Crowlers may be filled up, but only using new, unused containers, not to exceed 64 ounces. Please see the attached bulletin for more information.

View the notice here. 

Messner Reeves LLP Provides Guidance Regarding Department of Fair Employment and Housing's Application of Existing California Law to the COVID-19 Pandemic

On March 20, 2020, the California Department of Fair Employment and Housing (DFEH) issued a bulletin explaining its interpretation of how the California Paid Sick Leave law (PSL), the California Family Rights Act (CFRA), and the California Fair Employment and Housing Act (FEHA) apply to the current COVID-19 pandemic. 

View our guidance here. 

Denver Stay at Home Order (Effective Tuesday, March 24, 2020 - Friday, April 10, 2020)

Denver Mayor Michael Hancock issued a Stay At Home Order effective March 24th at 5pm through April 10th at 5pm. Non-Essential Businesses in Denver must cease operations except for Minimum Basic Operations. Essential Businesses that are exempted from the Order can be found in the attached Order at Section 6(f) starting on page 7 and Minimum Basic Operations are defined in Section 6(g) on page 10.

Denver employers, contact a Messner Reeves attorney to confirm whether your business constitutes an Essential Business that can remain open during the Stay At Home Order and what Minimum Basic Operations are allowed.

View the order here.

Medical and Retail Marijuana Store Operations - Permitted and Restricted Activity (Effective Tuesday, March 24, 2020) UPDATE - April 2, 2020

On March 24, 2020 the MED will only allow recreational marijuana stores to sell “curbside” to customers. All transitions must be adjacent to the licensed premises and be visible on camera. Medical marijuana may conduct business insided the licensed premises and “curbside”. See the attached bulletin and stakeholders memo for more information. For licensees wanting to do a temporary modification to allow curbside pickup, review the Emergency rules.

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On April 2nd the MED clarified the Emergency Adoption in Response to COVID-19. Per the previously established executive orders, social distancing is still required for both Medical and Recreational stores. Gaming licensees, that hold a valid license, are allowed to work in the industry and transfers for samples are still required as long as they comply with social distancing requirements.

View the notice here. 

Guidance on Colorado Order Mandating Reduction in In-Person Workforce by Fifty Percent (Effective Tuesday, March 24, 2020 - Friday, April 10, 2020)

Governor Polis issued an executive order directing all of Colorado’s non-critical employers to reduce their in-person workforce by 50 percent due to COVID-19.

View full alert here.

Guidance on Executive Order D 2020 011 Temporary Suspension of Enforcement on On-Premise Retailed Licensees and Breweries to Sell, Deliver or Provide Alcohol for Takeout (Effective March 20th, 2020)

On March 20th, 2020 Governor Polis signed an executive order allowing Colorado Hotel & Restaurants, Beer & Wine, Brew Pubs, Club Licenses, Distillery Pubs, Lodging & Entertainment, Tavern and Vintners Restaurants to sell liquor for off premises-consumption along with food sales.

The summary of compliance with the order is as follows:
1. Sell alcohol with the sale of food
2. Receive orders via online, in person, telephonically, or third party vendor
3. Do not violate delivery requirements already established
4. Person making the deliveries must be over the age of 21 and an employee
5. Deliver and verify age to a person over 21 years old
6. This temporary amendment ends April 18th, 2020

Be sure to follow all regulations cited. If you are a restaurant or other on-premises license holder, only sell sealed alcoholic drinks with food and be sure that the receipts reflect those sales. Distilleries, Breweries, and other license holders with the right to sell to-go products can continue to do so under the standard rules.

Click Here to view the order.

Should you have any questions, please contact an attorney from our Restaurant & Hospitality Group.

Guidance on Federal Families First Conoravirus Response Act (Effective March 18, 2020)

On March 18, 2020, President Trump signed the federal Families First Coronavirus Response Act. This article summarizes the provisions of the Act that are relevant to employers. We highly recommend consulting a lawyer at all stages to ensure compliance. Please reach out to our team at Messner Reeves LLP if you have further questions or would like assistance complying with this law.

Guidance on Notice of Public Health Order 20-22 Closing Nonessential Personal Services (Effective March 19, 2020)

Effective at 8:00 a.m. on March 19, 2020, Colorado’s Department of Public Health and Environment issued a Public Health Order regarding closure of businesses offering non-essential personal services in Colorado until April 30, 2020. Guidance issued by the State of Colorado pertains to the following: DORA licensese in the Barber/Cosmetology and Massage Therapy fields including hairstylists, nail technicians, barbers, estheticians, cosmetologists, massage therapists and shop owners. Nonessential personal services include, but are not limited to, hair or nail salons, spas, or tattoo or massage parlors.

Licensees should check their email and also check https://colorado.gov/pacific/dora/covid-19-updates-licensees-and-consumers for specific guidance.

A copy of the Updated Notice of Public Health Order 20-22 is attached here. If you have any questions, please don’t hesitate to reach out to Messner Reeves’ Restaurant & Hospitality Group.

Updated Guidance on Colorado's Closure of Bars, Restaurants, Theaters, Gymnasiums, and Casinos Statewide (Effective March 19, 2020)

On March 19, 2020, Colorado’s Department of Public Health and Environment issued an updated Public Health Order regarding operation of bars, restaurants, theaters, gymnasiums and casinos in Colorado. As it pertains to restaurants, the guidance provides as follows:

Until April 30, 2020, restaurants will not be permitted to serve customers for on-premises consumption. This extends the previously announced time of closure. Although not permitted to serve food to be consumed inside the restaurant, customers are permitted to have food delivered via a delivery service or to pick up food using window service, drive up/through service or by entering the restaurant in limited numbers – i.e. 5 people may be inside the restaurant so long as they are at least six feet apart while they are on the premises of the restaurant. Notably, this guidance does not apply to room service in hotels, crisis shelters, airport concessionaires and certain other businesses.

A copy of the UPDATED Notice of Public Health Order 20-22 is attached here. If you have any questions, please don’t hesitate to reach out to Messner Reeves’ Restaurant & Hospitality Group.

Guidance on New York State Paid Quarantine Leave Law (Effective March 18, 2020)

On March 18, 2020, the New York State Legislature enacted a law to protect workers affected by COVID-19, by guaranteeing sick leave if they are unable to work due to this public health crisis. View the full alert here

Guidance on Colorado's Closure of Bars, Restaurants, Theaters, Gymnasiums, and Casinos Statewide (Effective March 17, 2020)

On March 16, 2020, Colorado’s Department of Public Health and Environment issued a Public Health Order regarding operation of bars, restaurants, theaters, gymnasiums and casinos in Colorado. As it pertains to restaurants, the guidance provides as follows:

Restaurants will not be permitted to serve customers for on-premises consumption beginning at 8:00 a.m. on March 17, 2020 and continuing for 30 days. Although not permitted to serve food to be consumed inside the restaurant, customers are permitted to have food delivered via a delivery service or to pick up food using window service, drive up/through service or by entering the restaurant in limited numbers – i.e. 5 people may be inside the restaurant so long as they are at least six feet apart while they are on the premises of the restaurant.

A copy of the Notice of Public Health Order 20-22 is attached here. If you have any questions, please don’t hesitate to reach out to Messner Reeves’ Restaurant & Hospitality Group.

We highly recommend consulting a lawyer at all stages to ensure compliance. Please reach out to our team at Messner Reeves LLP if you have further questions or would like assistance.