Youth Services Law

Showing 24 posts by Christina L. Moore.

SBA Releases Interim Final Rule for PPP Loans of $50,000 or less

Posted In Coronavirus

Coronavirus

The Small Business Administration (SBA) recently released an Interim Rule that primarily affects sole proprietors.

There are approximately 3.57 million outstanding PPP loans of $50,000 or less, totaling approximately $62 billion of the $525 billion in PPP loans. Approximately 1.71 million PPP loans of $50,000 or less were made to businesses that reported having zero employees (presumably not counting the owner as an employee) or one employee.

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Day Camps Can Operate During the School Year

Posted In Coronavirus

Coronavirus

Until recently, “Day Camps” in Georgia could only operate during school breaks. Governor Kemps’s August 15, 2020, Executive Order expressly suspended that application requirement for some programs for the duration of Georgia’s Public Health State of Emergency. Further, the most recent Executive Order repeated that suspension and expressly stated that Day Camps that provide “Supervision” and/or a physical location for children five (5) years of age or older to participate in digital or distance learning during school hours can operate during the school year as long as the state of emergency lasts.

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State Powers to Mandate COVID-19 Vaccination and Employee Vaccination Considerations for Employers

Posted In Coronavirus

Coronavirus

In 1955, Canada used an 18-month polio vaccine trial period to set up a compulsory vaccination program. Facing the same health crisis and given the same time period, the U.S. Federal government chose a limited role in engaging State governments to prepare for and distribute the vaccine. Many claimed the U.S. Federal government’s failure to work with the States to prepare and lead in the 1950s led to distribution problems of the polio vaccine, with many poor communities being overlooked for more than a decade.

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Georgia Governor Brian Kemp Signs Georgia COVID-19 Pandemic Business Safety Act Into Law

Coronavirus

On Wednesday, August 5, 2020, Governor Brian Kemp signed into law S.B. 359, the Georgia COVID-19 Pandemic Business Safety Act. The Act limits the liability of businesses, churches, schools, individuals, healthcare facilities, childcare providers and healthcare providers (among others) for certain legal claims under Georgia law related to COVID-19.  Generally, the Act provides businesses protection from liability if an individual claims to have contracted COVID-19 while on the premises IF:

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COVID-19 Vaccination and State School/Childcare Vaccination Laws

Coronavirus

Mandatory vaccination laws were first enacted in the early 19th century, beginning with Massachusetts’ smallpox vaccination law in 1809. Generally, courts have ruled that the policing power of States absolutely includes reasonable regulations, such as vaccinations laws, established by State legislatures to protect public health and safety. State vaccination laws are mostly applied to children for school or childcare enrollment or employees of certain health care facilities. With this in mind and in anticipation of a vaccine for COVID-19, many wonder if children and healthcare employees will be the first population sectors in which States will require compulsory vaccination under existing laws. If that is the case, many schools, childcare facilities, parents and community leaders may question if it is a “reasonable regulation” to vaccinate a population sector least affected by COVID-19, being children, to protect the public health and safety of all.

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An Anticipated Coronavirus Vaccine: How will Georgia Schools & Daycare Handle Vaccination Exemptions?

Coronavirus

In anticipation of a vaccine for the COVID-19 this fall, it is a good time to revisit the vaccinations requirements in your State and determine if your institution/business will be obligated to require COVID-19 vaccination of your daycare or student population and/or possibly your staff/employees.  In review of Georgia law, vaccinations are required for all children entering school or attending a daycare center.  Georgia law allows two exceptions to vaccinations—medical necessity and religious objections.  In Georgia the laws allow private schools and daycare centers to accept the medical and/or religious exemptions, but do not require them to do so.  Additionally, with the infection rate of COVID-19 and the World pandemic of the virus, in Georgia protection of public safety is a legal reason for both public and private schools and daycare centers not to recognize such exemptions.

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Child Care Providers: Surviving the Summer with or without a PPP Loan

Coronavirus

Providers of childcare services are undoubtedly still trying to navigate the current COVID-19 climate. While many childcare providers experienced some degree of shutdown from March through May of this year, others have remained open – in part – due to the need of parents and guardians who have continued working outside of the home. Now that states are reopening at varying speeds, childcare providers are making decisions about whether and at what level to operate this summer. This article seeks to provide guidance for childcare providers on two questions that may be keeping them up at night.

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Payroll Protection Program Flexibility Act

Coronavirus

On June 3, 2020, the U.S. Senate passed the Paycheck Protection Program Flexibility Act which was previously approved by the House of Representatives on May 28, 2020.  The Flexibility Act was written and considered in response to concerns raised by Payroll Protection Program (PPP) loan borrowers.  While this law has not yet been approved by the President, it is expected to be signed without change.  Once signed by the President, we anticipate the Small Business Administration (SBA) and Department of Treasury will issue guidance pertaining to the Flexibility Act, including a new form forgiveness application.  The following is a summary of the highlights of the Flexibility Act and resulting changes to the PPP provisions of the CARES Act.

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Updated Guidelines for Georgia Childcare and Camping Programs

Coronavirus

Georgia Governor Brian Kemp has issued two executive orders governing Georgia childcare and camping programs, dated May 21, 2020 and May 28, 2020. Together, the two orders extend the new rules through June 15, 2020, allow more children and staff in groups, and allow overnight camps beginning May 31. The highlights of the new rules are:

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Payroll Protection Program Loan Audit Considerations and Guidance

Coronavirus

On May 22, 2020, the U.S. Small Business Administration (SBA), in consultation with the Department of Treasury, issued an interim final rule on review procedures and related borrower and lender responsibilities with respect to Payroll Protection Program (PPP) loans. This interim final rule provides information to borrowers who have received a PPP loan as to what to expect in the SBA’s review of an individual PPP loan and/or audit of a PPP loan. Additionally, the interim rule expressly states the SBA may review any size PPP loan issued under the PPP loan program at any time (and noting that borrowers must retain PPP documentation for six (6) years after the date the loan is forgiven or repaid in full) and provides information as to what the SBA may review.

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