Understanding the CARES Act, the COVID-19 Relief Package

On March 27th, President Trump signed the CARES Act into law which includes resources for workers and businesses dealing with COVID-19. The bill also includes OTC Monograph Reform and OTC HSA/FSA benefit restoration.

About

• CARES Act Text
• Congressional Research Service Summary of the CARES Act
• CARES Act Section by Section
• Chamber of Commerce Business Provision Summary
• HSA/FSA Restoration
• The Small Business Owner's Guide to the CARES Act

 Federal Actions and Information

• Executive Order on Prioritizing and Allocating Health and Medical Resources to Respond to the Spread of Covid-19: March 18^th executive order invoking the Defense Production Act to direct manufactures to prioritize filling government orders for medical supplies.
• FDA FAQ on Food Safety and COVID-19: A frequently updated source of information from FDA designed to answer questions from food manufactures about best practices and business continuity in the wake of the outbreak.
• National Business Emergency Operations Center: Part of the Federal Emergency Management Agency (FEMA), FDA has directed critical businesses like food and health product manufactures to contact NBEOC about transportation and workforce issues that may impact business continuity. If you are facing manufacturing challenges due to local restrictions on groups of people gathering you should contact NBEOC.
• Department of Labor Guidance on Family and Sick Leave Under the Families First Coronavirus Response Act: The guidance includes two new posters, one for federal workers and one for all other employees, that will fulfill notice requirements for employers obligated to inform employees about their rights under this new law. It also includes questions and answers about posting requirements, and a Field Assistance Bulletin describing WHD’s 30-day non-enforcement policy. The new guidance addresses critical issues such as whether employers may post required notice electronically, whether employers must provide notice of this law to recently laid-off individuals, when FFCRA applies to federal workers and when enforcement of the new rules will begin.

CDC Guidance

CDC continues to update a number of pages, including guidance for employers with employees who are confirmed cases.

Employees who are well but who have a sick family member at home with COVID-19 should notify their supervisor and refer to CDC guidance for how to conduct a risk assessment  of their potential exposure.

If an employee is confirmed to have COVID-19, employers should inform fellow employees of their possible exposure to COVID-19 in the workplace but maintain confidentiality as required by the Americans with Disabilities Act (ADA). Employees exposed to a co-worker with confirmed COVID-19 should refer to CDC guidance for how to conduct a risk assessment of their potential exposure.

CDC interim guidance for businesses/employers 

Additional Guidance

• Covington COVID-19 legal and business considerations checklist: Covington has prepared a checklist of considerations for companies to have in mind as the legal, regulatory, and commercial implications continue to evolve. 
• List of State Session Developments Relating to Coronavirus: COVID-19 State Session Updates Chart that lists which states are in session or have suspended operations, and whether hearings, crossover deadlines, and other key processes are impacted. 
• FDA Guidance for Notification of Temporary Manufacturing and Site Changes during COVID-19