OFF THE RECORD
August 2020
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For Businesses, Entrepreneurs & Organizations |
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Questions Facing Business Owners When
Resuming Operations During a Pandemic
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As businesses are reopening and returning employees to the workplace, employers are searching for ways to limit liability relating to potential COVID-19 infections in the workplace. One such consideration is whether to require COVID-19 liability waivers for their employees.
Should businesses require their employees to sign a waiver prior to returning to the workplace?
Employers may look to a waiver and release of liability agreement to mitigate certain risks of liability. Such an agreement not only includes a waiver clause, but may also include additional protective provisions like clauses for assumption of risks or covenants not to sue. If enforceable, the waiver could eliminate liability for the risks discussed within.
It is important to note that no waiver or other attempt at limiting liability can replace the need for an employer to maintain a safe workplace. All businesses should begin by ensuring compliance with local health orders, state regulations, and guidance from the Centers for Disease Control and Prevention (CDC), Occupational Safety and Health Administration (OSHA), and the Equal Employment Opportunity Commission (EEOC).
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Is Telework Considered a Reasonable
Accommodation According to the ADA?
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During the pandemic and as employees are asked to return to the workplace, employers have received numerous requests for accommodations due to employees’ disabilities. One of the most common requests is the ability to telework or continue teleworking. In this pandemic, if an employee with a disability is at higher risk of contracting COVID-19 and asks to telework to reduce his/her exposure, the employer should consider the request under the Americans with Disabilities Act (ADA), as teleworking is considered a reasonable accommodation.
A recent Equal Employment Opportunity Commission (EEOC) lawsuit against a Baltimore company is a reminder that employers should engage in the interactive process to keep qualified individuals with disabilities working.
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Breach of Fiduciary Duty: Now An Independent
Cause of Action in Maryland
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Last month, the Court of Appeals of Maryland had the opportunity to decide a case called Plank v. Cherneski. One of the issues before the Court in Plank was whether or not the legal cause of action known as “breach of fiduciary duty” is an independent cause of action in Maryland. In other words, does Maryland law permit a plaintiff to sue a defendant for breaching a fiduciary duty without first alleging and proving some other tort such as negligence, fraud, etc.? A fiduciary duty exists when one person owes a duty of loyalty to another person or entity to act in that person’s or entity’s best interest, not their own. This duty commonly exists as part of the employer-employee relationship, however it can also exist under other circumstances such as when a person acts as the trustee of a trust or as the personal representative of an estate. |
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For Individuals & Families |
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How To Handle Your Required Minimum
IRA Distribution During COVID
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Earlier this year, the Coronavirus Aid, Relief, and Economic Security (CARES) Act, enacted by Congress to mitigate economic damage due to COVID, temporarily modified rules related to retirement accounts. Specifically, the CARES Act suspended the annual required minimum distribution (“RMD”). RMDs generally are minimum amounts that a retirement plan account owner must withdraw annually starting with the year that he or she reaches 72 (70 ½ if you reach 70 ½ before January 1, 2020), if later, the year in which he or she retires. The suspension of RMDs applies to defined contribution plans (e.g. IRAs, 401(k)s, 403(b)), and the inherited versions of those accounts.
Taxpayers who took their RMD earlier in the year, prior to the passage of the CARES Act, have until August 31, 2020 to rollover the RMD to another retirement account. This rollover does not count against your annual limit of one IRA to IRA rollover or implicate the restrictions on rolling over an inherited IRA.
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We are excited to announce that Nora Murphy has been selected to serve on the Board of Directors of OhanaHC. OhanaHC is a new organization here in Howard County and its mission is to help underserved High School students in an effort to remove any barriers that stand in the way of their success. This support begins as students enter their freshman year of High School and follows the student through a two or four year degree, trade school or job placement.
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We are honored to have been named on The Daily Record's Reader Rankings Best of List! Our firm was selected as "Best Law Firm - Mergers & Acquisitions", "Best Law Firm - Family" and "Best Law Firm- Intellectual Property". Stay tuned for another round of voting in October!
See some of your other local favorites on the list too!
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News That Could Affect You,
Your Business & Your Community
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How to Hit the Ground Running After the Pandemic
These are trying times. No matter what happens, we have some difficult months ahead. During this crisis, entrepreneurs (both internal and external) must focus on doing the right thing for their family, coworkers, employees, customers, and...
Read more
www.inc.com
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Serve Your Community
Americans are uniting to help each other during the Coronavirus (COVID-19) pandemic. Be sure to follow CDC guidelines for how to slow the spread of the disease, and consider these simple ways every American can help their neighbors, friends,
Read more
www.nationalservice.gov
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