The Centers for Medicare & Medicaid Services (CMS) recently issued Memorandum QSO-22-15-NH & NLTC & LSC (Memorandum) announcing that certain staffing, treatment, and life safety regulatory waivers applicable to skilled nursing facilities (SNF) and in effect during the COVID-19 state…
COVID-19
FHA Adds Additional Modification to Assist Homeowners in Home Retention Despite Being in Default of Their Obligations
As reported in DSNews,[1] the Federal Housing Administration (FHA) currently offers a number of home retention options to qualified homeowners who are in default of their mortgage obligations. These include the COVID-19 Advance Loan Modification, COVID-19 Recovery Standalone Partial Claim…
New Jersey Extends Statute of Limitations for Special Education Compensatory Education Related to COVID-19
On March 3, 2022, New Jersey Governor Phil Murphy signed into law legislation that extends the statute of limitations for filing a due process petition regarding the identification, evaluation, or educational placement of a child with a disability, or the…
Education Alert: Open Meetings Act
On February 24, 2022, the Rhode Island Office of the Attorney General completed an investigation into an Open Meetings Act (“OMA”) complaint filed against the Council on Elementary and Secondary Education (“Council”) and issued a decision finding the Council violated…
EEOC Issues Updated Guidance on Accommodating Employees’ Religious Objections to COVID-19 Vaccines
On March 1, 2022 the United States Equal Employment Opportunity Commission (the “EEOC”) issued new technical guidance (the “March 1 Guidance”) for employers on how to address an employee’s religious objection to COVID-19 vaccinations and requests for accommodations. The March…
NY Education Update: Staff and Student COVID-19 Vaccination and Testing Requirements
With COVID numbers rising as many charter schools are returning from winter break, questions have been raised regarding adding a booster requirement to staff vaccination policies, and whether it is permissible to require students to submit to a COVID test or…
Education Law Update: Pennsylvania Supreme Court Ends Wolf Administration’s School Mask Mandate
On Friday, December 10, 2021, the Pennsylvania Supreme Court effectively ended the school mask mandate implemented by the Acting Secretary of Health of the Wolf Administration. Local school leaders now have the authority to determine the appropriate COVID-19 mitigation measures…
Understanding the Impact of OSHA’s New COVID-19 Policies on Employers
The Occupational Safety and Health Administration (OSHA) released its long-awaited Emergency Temporary Standard (ETS) requiring employers to implement policies for mandatory COVID-19 vaccination or weekly COVID-19 testing. The ETS applies to private employers with more than 100 employees. While the…
Pennsylvania Education Law Update: Commonwealth Court Determines Mask Mandate in Pennsylvania Schools Will Expire December 4, 2021
On November 16, 2021, the Commonwealth Court ordered the school mask mandate to expire on December 4, 2021. Although the current mask mandate is to expire on December 4, 2021, the opinion by the Commonwealth Court leaves open the possibility…
Emergency Temporary Standard: Understanding the Impact of OSHA’s New COVID-19 Policies on Massachusetts Charter Schools
The Occupational Safety and Health Administration (OSHA) released its long-awaited Emergency Temporary Standard (ETS) requiring employers to implement policies for mandatory COVID-19 vaccination or weekly COVID-19 testing. The ETS applies to private employers with more than 100 employees. While the…
Massachusetts establishes COVID-19 emergency paid leave law
Effective June 7, 2021, a new law will go into effect requiring all Massachusetts employers, regardless of size, to provide COVID-19 emergency paid sick leave (“emergency leave”) to employees. The law also establishes a $75 million COVID-19 Emergency Paid Sick…
Legal Lowdown Podcast – Episode #33 – COVID-19 Testing and Vaccination: A Guide for New York Charter Schools
With vaccination and testing requirements constantly changing, Paul O’Neil and Jaimie Fernand join us to provide a guide for New York Charter Schools.
Legal Lowdown Podcast – Episode #31 – Legal Considerations of Proposed MA COVID-19 Emergency Paid Sick Leave Law
Massachusetts is poised to sign into effect a new COVID-19 emergency paid sick leave law. Greg Vanden-Eykel joins us to discuss the details of the proposed legislation and its impact on employers and employees in the state. Barton Gilman,…
Legal Lowdown Podcast – Episode #30 – Crisis Communications Strategies for Schools
From severe weather to technology breakdowns, even in a non-pandemic world schools can face challenges that, without a plan, can turn into a full-blown crisis. Today, we are joined by public relations expert Gregg Perry and education attorney Matt Plain…
Legal Alert: Important Reversal of New York COVID-19 Student Testing Rule
On February 16th, the New York State Education Department (NYSED) issued guidance (NYSED Guidance) establishing a new rule that public schools in New York cannot require students to consent to COVID-19 testing in order to attend in-person classes. The guidance…
Massachusetts Guidance on Insurance Coverage for COVID-19 Business Interruptions
A recent Massachusetts Superior Court decision provides guidance on insurance claims for loss of business income caused by the coronavirus pandemic. The guidance is not unexpected, but it is not good news for business owners. In the decision, Verveine Crop….
Legal Lowdown Podcast – Episode #28 – IP Considerations for Charter Schools
As schools utilize, implement and enhance their distance learning during the COVID-19 pandemic it has raised some concerns about the legalities of some tools being used in these new virtual classrooms. In this episode, Alex Chiulli joins us to discuss…
Legal Lowdown Podcast – Episode 27 – COVID-19: Legality of Home Schooling and Learning Pods
With the advent of distance/remote learning brought on by COVID-19, many families have been seeking alternatives to educate their children. In many cases this includes homeschooling and learning pods. In this episode, Matt Plain is joined by Pat Hennessy, a…
Employer Update: First Published Court Decision Concerning Reasonable Accommodation Request Related to COVID-19
The United States District Court (D. Mass.), appears to have published the first decision concerning a COVID-related reasonable accommodation request under Federal and Massachusetts law. In the case, Gabriel Peeples v. Clinical Support Options, Inc. (Case No. 3:20-cv-30144-KAR), the Plaintiff,…
Legal Lowdown Podcast – Episode #26 – Charter School Reopenings on the East Coast & West Coast
Amid COVID-19, kids across the country are going back to school. Today, Matt Plain shares how charter schools here on the East Coast are facing this challenge. We are also joined by Mackenzie “Mac” Woods from Osborn Maledon in Arizona…