COVID-19 Legal Alert-Saul Ewing Arnstein & Lehr

Gavel & legal scales
Below please find Saul Ewing Arnstein & Lehr’s COVID-19 weekly digest, which includes our analysis of the most current legal developments related to this pandemic. To receive regular updates, news and information related to COVID-19, please register here.
Pennsylvania Approves Legislation Requiring Employers to Notify Separating Employees of Unemployment Compensation Information
Labor and Employment
Pennsylvania legislation enacted on March 27, 2020, requires employers to provide all terminated, furloughed, or voluntarily separating employees with certain information related to unemployment compensation benefits. The new law, Act 9 of 2020, is one of the many statewide efforts to assist the thousands of Pennsylvanians losing their jobs due to the COVID-19 pandemic.

Health Care in the COVID-19 World: Antitrust & Competition Considerations
Health Care
To massively understate the obvious, the ongoing impact of COVID-19 on the health care industry has, is and will continue to present an unprecedented test of will, skill and capacity of the industry’s infrastructure – well into the foreseeable future. Virtually everyone working within the health care arena, or otherwise intersecting with it, is owed another massively understated thank you for each of their compassion, commitment and selflessness as this crisis has unfolded and is attacked 24/7.

Beyond Zoom – Ten Helpful Tips for Employers to Conduct In-Person Meetings
Labor and Employment
While most corporate meetings are still happening virtually, there are ways for employers to responsibly conduct in-person meetings. Below are ten tips to consider.

Restaurants Given a Green Light in Pennsylvania’s Green Phase, Other Colorful Limitations Follow
Food, Beverage and Agribusiness
After weeks of confusion and business closure, the Governor of Pennsylvania announced on May 27, 2020 extensive guidelines for businesses in the food service industry, which will allow restaurants and bars within Pennsylvania’s “green phase” to reopen under the state’s Plan to Reopen.

COVID-19 Shutdown Orders Allow Construction Work to Proceed in Some States but Limit it in Others – May 27 Update
Construction
This update tracks COVID-19 shutdown orders as of May 27, 2020, 12:00 p.m. EDT that affect construction projects in Delaware, the District of Columbia, Florida, Illinois, Massachusetts, Minnesota, New Jersey, New York and Pennsylvania—jurisdictions in which Saul Ewing Arnstein & Lehr LLP offices are located.

EnviroPolitics Blog is working to keep you informed about all aspects of the coronavirus — the status of confirmed cases, disease spread, death toll–and also how Americans are coping. Like this story, for instance. If you like what we are doing, Click to receive free EP Blog updates and please tell your friends about us.

COVID-19 Legal Alert-Saul Ewing Arnstein & Lehr Read More »

Tonight’s New Jersey Coronavirus Update

From NJ Spotlight

New Jersey officials reported today an additional 1,261 confirmed cases of COVID-19, for a statewide cumulative total of 157,815. By counties, the most new positive results were reported in Essex (117), Bergen (92), Middlesex (84), Hudson (80), and Passaic (74).Total cases in the United States now stand at more than 1.7 million, four times the total number in Brazil, the nation with the next highest number, according to Johns Hopkins University Coronavirus Resource Center.

Total COVID-19 deaths among New Jersey residents stand at 11,401, with an additional 66 confirmed fatalities reported today.The counties with the most deaths were Essex (1,628), Bergen (1,553), Hudson (1,161), Union (1,047) and Middlesex (968). Among states, the number of fatalities in New Jersey is second, behind only New York, where nearly 30,000 have died.

Like this? Click to receive free EP Blog updates

According to data reported by all 71 hospitals in the state, 2,797 patients were being treated for confirmed or suspected cases of COVID-19 as of last night, reflecting an increase.740 of the current patients were in critical or intensive care, the first day where that number fell below 750.564, or roughly 75% of those in critical care units, required ventilators. Regionally, 1,358 patients were in hospitals in the north, 802 in central Jersey and 637 in the south.  

 Of those in state hospitals, 365 were new patients as of yesterday, a 50% jump over the previous day, which was itself a significant increase over the day before.185 of the new patients were in northern hospitals, 112 in central Jersey and 65 in the south.287 COVID-19 patients were discharged, either to their homes or other care facilities, another significant overnight increase.

The daily, or spot, positivity rate of COVID-19 tests on May 25 stood at 6% statewide. Results of more than 685,000 tests have now been reported to state officials, including negatives.

Persichilli reported that the numbers of children between the ages of 1 and 18 with a rare and serious pediatric inflammatory ailment often referred to as Kawasaki disease had held steady. 26 cases of have been confirmed and 18 have tested positive for COVID-19.There have been no deaths from the syndrome reported in New Jersey.

A total of 4,804 deaths among residents at 537 nursing homes and other long-term care centers in New Jersey have been laboratory confirmed as cases of COVID-19.LTCs in the state are reporting a cumulative total of 21,058 positive cases among residents, and 10,254 among staffers. They are also reporting the deaths of 104 staffers.

Read the full story

Tonight’s New Jersey Coronavirus Update Read More »

NJ Senate Environment & Energy Committee takes up electric vehicle bills and more; June 4, online meeting

Register to Testify

Due to the public health emergency, the State House Annex remains closed to visitors and the public will not be allowed to attend the meeting in person. The Committee will take oral testimony on bills, by telephone and/or video, limited to two minutes.  

If you are interested in testifying orally, you should fill out the Senate Environment and Energy Committee Registration Form located above on the ‘Register to Testify’ link. The form must be submitted by 3:00 PM, Tuesday, June 2, 2020. Committee contact information will be forwarded to you. The public is encouraged to submit testimony electronically in lieu of oral testimony.   Written testimony will be included in the committee record and distributed to the committee members. Written testimony should be submitted to OLSAideSEN@njleg.org.

S349 – Requires developers to offer electric vehicle charging stations as option in certain new home construction.

S762 – Establishes NJ Fuel Cell Task Force to increase use of fuel cells in State.

Read full copies of bills here

A741 – Establishes NJ Fuel Cell Task Force to increase use of fuel cells in State.

S1258 – Prohibits persons convicted of criminal animal cruelty offenses from owning domestic companion animals and from working or volunteering at animal-related enterprises; establishes presumption against pretrial intervention for certain persons; designated as

S1951 – Concerns installation of electric vehicle charging stations in common interest communities.

S2498 – Authorizes NJ Infrastructure Bank to expend certain sums to make loans for environmental infrastructure projects for FY2021.

S2499 – Appropriates funds to DEP for environmental infrastructure projects for FY2021.

SCR115 – Approves FY 2021 Financial Plan of NJ Infrastructure Bank.

If you liked this post you’ll love our daily newsletter, EnviroPolitics. It’s packed with the latest news, commentary and legislative updates from New Jersey, Pennsylvania, New York, Delaware…and beyond. Don’t take our word for it, try it free for an entire month. No obligation.

NJ Senate Environment & Energy Committee takes up electric vehicle bills and more; June 4, online meeting Read More »

Institute of Scrap Recycling Industries Names Adina Renee Adler as Vice President of Advocacy

Adina Renee Adler

“As the voice of the recycling industry, having a proactive presence in government affairs at the federal, state and local, and international levels is critical for ISRI,” said ISRI President Robin Wiener. “Since starting at ISRI, Adina has demonstrated extraordinary commitment to the industry, knowledge of government and complex policy issues, and the strategic foresight to get things accomplished on behalf of ISRI’s membership. She is no doubt the right choice to lead our advocacy efforts as we move forward at a key moment for the industry.”

Adler previously served in the role of Assistant Vice President of International Affairs. She joined ISRI in December of 2016 to represent the industry in international negotiations and to advocate trade-expanding opportunities for the scrap recycling industry. Prior to ISRI, Adina was Director of Global Government Affairs for Alcoa and Arconic and International Government Relations Advisor for Shell Oil Company – both positions based in Washington – to advise business leaders on trends in U.S. trade and international policy. Adina also served in the U.S. Government as Director for South Asia in the Office of the United States Trade Representative (USTR) and International Trade Specialist at the U.S. Department of Commerce, both assignments responsible for U.S. commercial and trade policy with the countries of South Asia. Adina has a B.A. from The George Washington University and M.A. from The Johns Hopkins University School of Advanced International Studies (SAIS) and has lived in and traveled to more than 75 countries for business and pleasure.

 “I am excited to oversee a department of exceptional advocates for our members in front of policymakers and regulators at the federal, state and local, and international levels providing timely economic data and analysis, and expanding ISRI’s role in the world of sustainability, “ said Adina Renee Adler. “This includes enhancing the integration of paper and plastic recycling within the design and manufacturing supply chain. I look forward to building on the legacy left by Mark Reiter.” 

The role of vice president of advocacy replaces the position of vice president of government relations, previously held by the late Mark Reiter, who passed away in January of this year after a career of nearly 30 years at ISRI

Don’t miss stories like this Click for EP Blog updates

Institute of Scrap Recycling Industries Names Adina Renee Adler as Vice President of Advocacy Read More »

NJ businesses discuss loss, future with reopening committee

By: Gabrielle Saulsbery NJBIZ
May 27, 2020 8:02 am

Small business owners and representatives hit the New Jersey Senate Fiscal Recovery Strategists Committee with some daunting numbers during a Zoom conference Tuesday, which the lawmakers hosted to speak publicly with businesses affected by COVID-19 shutdowns.

New car sales have dropped 70 to 80 percent for April year over year as a result of New Jersey’s stay at home order, and May 2020 sales are expected to be just slightly north of half of May 2019’s, but New Jersey Coalition of Automotive Retailers Jim Appleton told lawmakers Tuesday that this has been a time of lessons learned.

“If there is a silver lining here, it’s that consumers and retailers are becoming more comfortable with online shopping with cars,” Appleton said during the Zoom hearing hosted by Sen. Paul Sarlo, D-36th District.

Market research shows that older consumers, the most acquisitive and reliable consumers in the car sales world, according to Appleton, “stayed away in droves in the lockdown.” But now, car dealerships are sharpening their online services, and issues have been unearthed within the Motor Vehicle Commission’s online system that can now be addressed.

John Holub, president of the New Jersey Retail Merchants Association, told the committee that retail sales are down across almost the entire board: Health stores are down 10 percent, general merchandise stores are down 13 percent; sporting goods store sales are down 48 percent; electronics, 64 percent; upholstery and appliance, 66 percent; and most dramatically, clothing and accessory store sales are down 89 percent.

“It’s been a very uneven impact,” Holub said. “Obviously certain retail categories have been decimated [while] others have been okay, if you can even say that. It’s critically important that we reopen our main streets.”

Small business owners and association representatives took turns explaining the economic impact on their industries to the lawmakers on the Zoom conference as lawmakers asked them questions.

Obviously certain retail categories have been decimated [while] others have been okay, if you can even say that. It’s critically important that we reopen our main streets.
– John Holub, president, New Jersey Retail Merchants Association

The committee, comprised of Sens. Troy Singleton, D-7th District; Steve Oroho, R-24th District; and President Pro Tempore M. Teresa Ruiz, in addition to Sarlo, is tasked with developing a plan to reopen New Jersey’s economy safely as the COVID-19 crisis progresses toward an end.

According to a recent survey by the New Jersey Business & Industry Association, 71 percent of businesses say they can openly safely and follow Centers for Disease Control and Prevention guidelines.

“We need to know if we are within 10 percent of the goal post or are we still 50 percent out?” said NJBIA President Michele Siekerka. “No business can sit and do a business plan when you don’t know when you are opening and how you’re opening.”

Singleton asked multiple industry representatives about their experience acquiring the personal protective equipment, or PPE, that will be required for them to conduct business moving forward.

For Frank Rizzieri, owner of Rizzieri Spa and Salon, which has three salons and a beauty school in South Jersey and locations in other states, acquiring PPE has meant going to multiple suppliers to get all that’s necessary.

“We started back in March to acquire basic PPE products, and what we’re finding is you can’t go to one supplier. You get some masks from one, some from another, some hand sanitizer,” Rizzieri said. “We’ve been able to acquire a good bit of PPE, but our suppliers aren’t able to keep adequate inventory…”

The cost of PPE per client is $5.40, Rizzieri said. Masks used to be 10 cents apiece, and now they’re $1.25 each.

Singleton noted that while Rizzieri might not have had issues getting PPE, smaller players might. This is where the state can step in, he explained, and be able to source and provide the PPE to the businesses.

He also posed a question to Appleton about the possibility of testing car dealership employees, to which Appleton shared the great expense it could be: “We don’t know what the protocols will be. We don’t know which test, and at what expense …i t could cost an average size dealer as much as $3,000 a day to do this kind of testing, and I’m not sure that’s economically feasible.”

Small businesses need guidance from government and timelines to work with, said Chamber of Commerce Southern New Jersey President Christina Renna.

Using shore restaurants as an example, Renna mentioned how a boardwalk pizza place that can’t have guests inside doesn’t know whether or not it can allow people to sit on the picnic tables in front of the restaurant.

Timelines are crucial too, she said, as small retailers can’t “flip the switch over night” and go back to business as usual. They need to restock their shelves, need time to train people, and need time to prepare.

If you liked this post you’ll love our daily newsletter, EnviroPolitics. It’s packed with the latest news, commentary and legislative updates from New Jersey, Pennsylvania, New York, Delaware…and beyond. Don’t take our word for it, try it free for an entire month. No obligation.

NJ businesses discuss loss, future with reopening committee Read More »

Electronic bids bill released by NJ senate committee

TRENTON – The New Jersey Senate’s Community and Urban Affairs Committee today endorsed a bill sponsored by Senate President Steve Sweeney and Senate Republican Budget Officer Steve Oroho that would establish an electronic construction procurement process for state public works construction projects.

     The process would use computer technology and the Internet for the advertising and submission of public bids to determine the lowest responsible bidder.

     “Over the past decade, states across the country have taken steps to take advantage of advances in technology and create governmental efficiencies, including electronic bidding,” said Senator Sweeney (D-Gloucester / Salem / Cumberland). “The COVID shutdown underscores the value of electronic bidding but it is a process that should be available at all times. It can result in a more efficient process and produce cost savings.”

     “This is part of our ongoing effort to streamline government and make it more efficient and cost effective,” said Senator Oroho. “We’ve all learned during the coronavirus lockdown how much important work can be done remotely through technology. It’s important that our procurement laws not deter these capabilities from being employed wherever feasible by the state, local governments, and our school districts and colleges.”

     Under the bill, S2085, state contracting units, including state colleges, would be required to use an electronic construction procurement process for public works contracts whenever the project requires public advertisement.

     The State Treasurer would promulgate regulations to effectuate the electronic procurement of public works construction by the state.

     This bill would expand current law that authorizes local units of government to use electronic procurement technologies by making it a requirement of state contracting entities.

If you liked this post you’ll love our daily newsletter, EnviroPolitics. It’s packed with the latest news, commentary and legislative updates from New Jersey, Pennsylvania, New York, Delaware…and beyond. Don’t take our word for it, try it free for an entire month. No obligation.

Electronic bids bill released by NJ senate committee Read More »