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If you recall, President Biden announced in September that the Occupational Safety and Health Administration (“OSHA”) would be issuing a mandate requiring all employers with 100 or more employees to have a mandatory vaccination policy to minimize the spread of COVID-19 transmission in the workplace and protect unvaccinated employees. OSHA released the emergency temporary standard…READ MORE
Author:
McMillan Metro Editor
11/05/2021
New federal guidance issued August 13, 2021 reinforces that all employers should implement multi-layered interventions to protect unvaccinated and otherwise at-risk workers and mitigate the spread of COVID-19. The District of Columbia and all major surrounding counties in Maryland and Virginia are considered to be areas of substantial or high transmission (as of September 15,…READ MORE
Author:
McMillan Metro Editor
09/20/2021
It was a relief when Pfizer and, then Moderna, released that they had both developed an effective Covid-19 vaccine. We saw a light at the end of the tunnel. The state and local governments have released plans for the roll-out of the vaccines to those populations most in need, starting with health professionals, first responders,…READ MORE
Author:
McMillan Metro Editor
01/07/2021
As we begin 2021, we are still faced with Covid-19 affecting every part of our lives. While hope is on the horizon as vaccines are being produced and distributed, we must continue to proceed thoughtfully as we face these challenges. Besides the changes that the vaccine will bring, there are several important updates from the…READ MORE
Author:
McMillan Metro Editor
01/07/2021
As the United States (and many parts of the world) experiences a new rise in Covid-19 cases, Maryland Governor Hogan, by Executive Order, and Montgomery County have implemented new restrictive orders, effective November 10th, to strive to flatten the curve. These orders will affect many businesses throughout the state and will likely impact your actions…READ MORE
Author:
McMillan Metro Editor
11/12/2020
Effective November 10, Governor Hogan, by Executive Order, has imposed or restored certain Covid restrictions against the ability of Maryland businesses to fully operate. The Governor’s Order also allows counties to impose more restrictive regulations: Montgomery County did just that by imposing a more restrictive regulation (also effective November 10). Both Orders primarily limit business…READ MORE
Author:
Peter E. Ciferri
11/11/2020
COVID-19 is affecting every part of our lives in some way or another. Protecting the brand that you created should not be overlooked. To be competitive and recognizable in the market place, you have no doubt expended resources to build your brand and its related goodwill. Whether by common law or through federal registration, trademark…READ MORE
Author:
McMillan Metro Editor
08/31/2020
During these times of COVID-19 related business and office quarantining and closures, companies and their employees are learning new ways to be efficient and productive. Remote working, while certainly a pre-COVID-19 option, has become the new normal. Workers have become adept at completing tasks and projects away from the office, using platforms like remote-desktop for…READ MORE
Author:
Michael A. Faerber
07/20/2020
By now, most business owners have read the emerging scientific news that the COVID-19 pandemic may linger for one to three years. Alongside this “lengthening” of the curve, the media is filled with coverage of the political, social and economic pressure to re-open and significant concerns from employees that their workplaces will not be safe…READ MORE
Author:
McMillan Metro Editor
07/16/2020
Re-opening your business is the hot topic as local and state governments relax COVID-19 shelter in place orders. Regardless of industry, most small businesses need to address core labor issues and evaluate what additional industry-specific concerns should be addressed. Both valid and specious employment claims are already on the rise due to a combination of…READ MORE
Author:
McMillan Metro Editor
05/28/2020
Now that Maryland is beginning to relax its shelter in place order and other local jurisdictions will likely follow suit, business owners need to begin planning for re-opening so that it can be done in a safe and effective way. Over the next few weeks, we will be publishing a series of articles that are…READ MORE
Author:
McMillan Metro Editor
05/15/2020
Effective as of May 15, 2020, at 5 p.m., Governor Hogan has amended Maryland’s COVID-19 “Stay at Home Order” to ease certain restrictions on businesses and gatherings and to allow for the re-opening of certain businesses. This article discusses Order No. 20-05-13-01. A link to the complete Order appears at the end of this article. …READ MORE
Author:
Peter E. Ciferri
05/15/2020
A Will is valid only if you – as the maker of the Will – sign it in the physical presence of two witnesses. Whether you’re in DC, Maryland, or Virginia – this law is basically the same. The purpose of this rule is to verify that you actually signed the Will, and to prove…READ MORE
Author:
Jose L. Espejo
04/22/2020
Any of you that are in the process of negotiating a new lease, or considering negotiating a new lease in the near future, should expect some issues regarding delays. Tenants are finding themselves tentative to pull the trigger on signing leases due to uncertainty of their business moving forward in the short term. Additionally, there…READ MORE
Author:
Michael A. Faerber
04/21/2020
Of all the questions which we are receiving from clients these days, “force majeure” is the one that can be hardest for clients to grasp and lawyers to give definitive answers on. Although little known and seldom used, this legal concept can be tremendously helpful to prevent a costly contract dispute when a party cannot…READ MORE
Author:
Ronald E. Lyons
04/21/2020
If you’re like me, you’ve seen every episode of the documentary Tiger King on Netflix. As an animal lover and estate planning attorney, the show covered a lot of issues that interest me. The biggest estate planning issue centered around the disappearance of Carole Baskin’s husband, Don. It struck a lot of people as highly…READ MORE
Author:
McMillan Metro Editor
04/16/2020
All of us who are trying to figure out how best to help our companies survive and perhaps even thrive in the coronavirus crisis should be sure to review and evaluate the insurance policies we carry to protect our companies from unexpected loss. While none of us fully understand the extent of what the current…READ MORE
Author:
Donna M. McMillan
04/13/2020
The sudden onset of COVID-19 has led every branch of State and Local governments scrambling to impose appropriate regulations and policies aimed at balancing public safety and avoiding a massive backlog. Each local planning and zoning authority, board of appeals, and permitting department already has a unique set of local rules for conducting business, but…READ MORE
Author:
Peter E. Ciferri
04/13/2020
Emergency legislation has made unemployment benefits an important financial lever for small businesses faced with closing the margin between expenses and revenues. Labor costs often make up more than half of gross sales for service businesses, so payroll is one of the first places many owners are looking to be able to manage through the…READ MORE
Author:
McMillan Metro Editor
04/13/2020
An information page for the Montgomery County Public Health Emergency Grant Program (PHEG) went live this week. Local businesses, including for-profit and not-for-profit organizations, may be eligible for grants of up to $75,000 from a $20 million fund. $5 million is reserved for restaurants and retail establishments. The catch is that local businesses must show…READ MORE
Author:
McMillan Metro Editor
04/13/2020
We are now living in a profoundly new world where many workplaces are being transitioned to teleworking with limited planning or time to test systems. This rapid shift brings challenges that must be addressed and resolved from both a legal and operations standpoint. Confidential Information and Data Privacy Issues. One of the major issues is…READ MORE
Author:
McMillan Metro Editor
04/03/2020
Last week, the federal government enacted the CARES Act. It provides economic relief to Americans both as individuals and businesses. While the Act contains a variety of tax, loans and other measures, the following programs are of particular interest to employers and small businesses: Payroll Protection Program. In part, this law allows small and mid-sized…READ MORE
Author:
McMillan Metro Editor
04/03/2020
As the number of Covid-19 infections rise, the federal, state, and local governments are taking more drastic actions to protect and support the public during this time. The following updates summarize major changes that affect employers in the DMV: 1.Families First Coronavirus Response Act. The FFCRA became effective April 1, 2020. All employers, even those…READ MORE
Author:
McMillan Metro Editor
04/03/2020
COVID-19 closures, stay-at-home orders, and governmental restrictions are wreaking havoc on otherwise happy business relationships. Meeting monthly payment obligations is one major concern facing all parties as the calendar turns to April without an end to the pandemic crisis. Businesses might also encounter difficulties reaching other deadlines or touchstones in a timely and complete manner….READ MORE
Author:
Peter E. Ciferri
04/02/2020
Another week has passed during the Covid-19 pandemic, and we have seen the DMV governors close all non-essential businesses, schools closing for another month or even the rest of the school year, the legislatures are working to provide relief to employers and employees. The number of positive cases rise even as we wait with baited…READ MORE
Author:
McMillan Metro Editor
03/27/2020
As our governments on the federal, state and local levels respond to the COVID-19 pandemic, the small businesses at the heart of the economy are quickly feeling the impact of each new restrictive measure designed to “flatten the curve.” Fortunately, new relief programs for small businesses are rolling out at every level of government. We…READ MORE
Author:
Jose L. Espejo
03/27/2020
Does this sound like you these days? Fresh out of bed, your day begins with a rush of COVID-19 news. Your email box pings with alerts. Memes crowd your social media feeds. And your smartphone vibrates with texts from worrying friends and family. On top of that, you have more time to think about it…READ MORE
Author:
Lawrence S. Jacobs
03/27/2020
On March 18, 2020, President Trump signed into law the Families First Coronavirus Response Act. The important part for employers is it enacts temporary measures requiring employers with fewer than 500 employees to provide paid sick leave and family leave for those directly affected by COVID-19. It is important to note that these measures are…READ MORE
Author:
McMillan Metro Editor
03/20/2020
Coronavirus (Covid-19) is sure to quickly take its toll on commercial leasing for both Landlords and for Tenants. Tenants may be asking questions like: How can I pay base monthly rent without any customers? Should I be obligated to pay triple-net expenses when services are suspended? What is the impact of government regulations on operations?…READ MORE
Author:
Peter E. Ciferri
03/20/2020
Due to our current global pandemic, employers are faced with very difficult decisions as the government further restricts movement and closes businesses in an effort to contain the community spread of Covid-19. One of these questions is – should I shut my doors and temporarily lay off my employees? As you are considering this action,…READ MORE
Author:
McMillan Metro Editor
03/20/2020
From day to day, hour to hour, as our government responds to the COVID-19 pandemic, our laws change. Some are relaxed, others are altered, and new ones are added. In the last week alone, we have seen the following: The federal government is requiring paid sick leave and family leave to some employees. The EEOC…READ MORE
Author:
McMillan Metro Editor
03/20/2020
In the last two years, businesses and professionals in Maryland and Washington, D.C., have had to quickly pivot to avoid the negative economic impacts of completely unexpected events outside of their control. First, there were tariffs and trade restrictions, followed quickly by the Coronavirus global pandemic. How can you give your contracts additional strength before…READ MORE
Author:
Peter E. Ciferri
03/18/2020
By now you have been hearing a lot about the Coronavirus (Covid- 19), which has spread to the United States from other parts of the world. While the Center for Disease Control and Prevention has stated that this is not yet a pandemic, it is important that you plan now on how to protect yourself,…READ MORE
Author:
McMillan Metro Editor
03/04/2020