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Paycheck Protection Program (PPP) is Out of Money

by Patrick Hayes Several news outlets are reporting this morning that the PPP has hit its $349 billion limit. If you already applied for a PPP loan and have been issued an SBA loan number, then funds have been allocated to you under the PPP; you should receive your funds and you will not be impacted by this news. If you have not yet applied for a PPP loan or you have not been issued an SBA loan number, you will now need to wait until Congress authorizes additional funds for this program. Senate Democrats last week blocked an additional $250 billion for the PPP that had been requested by the Treasury Department. According to CNBC, staffers for Senator Schumer and House Speaker Pelosi are expected to continue talks with the Treasury Department today about terms for any new funding for the PPP.

The SBA also issued the following notice for the Economic Injury Disaster Loan (EIDL): "Notice: Lapse in Appropriations: SBA is unable to accept new applications at this time for the Economic Injury Disaster Loan (EIDL)-COVID-19 related assistance program (including EIDL Advances) based on available appropriations funding. Applicants who have already submitted their applications will continue to be processed on a first-come, first-served basis."

CDC Issues Interim Guidance for Critical Infrastructure Workers with Potential Exposure

by Andy Clark The Centers for Disease Control and Prevention (CDC) has issued interim guidance for how employers should handle situations in which critical infrastructure workers have had a potential exposure to COVID-19 but remain asymptomatic.

Under this guidance, a “potential exposure” means a household contact or having close contact within 6 feet of an individual with confirmed or suspected COVID-19. The timeframe for having contact with an individual includes the period of time of 48 hours before the individual became symptomatic.

To ensure continuity of operations of essential functions, the CDC advises that such workers may be permitted to continue work following a potential exposure, provided they remain asymptomatic and additional precautions are implemented to protect them and the community.
These precautions include the following:

Pre-Screen: Employers should measure the employee’s temperature and assess symptoms prior to them starting work. Ideally, temperature checks should happen before the individual enters the facility.
Regular Monitoring: As long as the employee doesn’t have a temperature or symptoms, he or she should self-monitor under the supervision of their employer’s occupational health program.
Wear a Mask: The employee should wear a face mask at all times while in the workplace for 14 days after last exposure. Employers can issue facemasks or can approve employees’ supplied cloth face coverings in the event of shortages.
Social Distance: The employee should maintain 6 feet and practice social distancing as work duties permit in the workplace.
Disinfect and Clean Work Spaces: Routinely clean and disinfect all areas such as offices, bathrooms, common areas, and shared electronic equipment.

If the employee becomes sick during the day, they should be sent home immediately. Surfaces in their workspace should be cleaned and disinfected. Information on persons who had contact with the ill employee during the time the employee had symptoms, and 2 days prior to symptoms, should be compiled. Others at the facility with close contact within 6 feet of the employee during this time would be considered exposed.

As employers implement these practices, they should remember their confidentiality obligations under the Americans with Disabilities Act. For example, employers should not share the identity of an individual who has tested positive for COVID-19, or is suspected to be positive, without authorization. Likewise, any records of high bodily temperatures and other symptoms should be treated as sensitive medical information and kept in a separate, confidential record outside of an individual’s personnel file.

Employers should continue to monitor the CDC’s website for further updated guidance as the situation continues to progress.

Celebrating 30 Years in 2020

Founded in 1990, with offices in Houston and Austin, Andrews Myers, Attorneys at Law, is a corporate law firm and recognized market leader in Texas construction law. The firm focuses on the concentrated disciplines of commercial litigation, construction, commercial real estate, corporate and business transactions, with additional emphasis on related issues including bankruptcy and insolvency, energy, employment and capital formation. A seasoned team of attorneys provides timely and cost-effective solutions to the most complex problems facing entrepreneurs and middle-market industry leaders throughout the state and the nation. For more information please visit www.andrewsmyers.com.