Lobbying Affiliate: MML&K Government Solutions

Coronavirus (COVID-19)


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As the novel coronavirus continues to spread, the McBrayer law firm will continue to provide guidance and relevant information for employers, businesses, healthcare providers and our affected clients facing the threat. We will consolidate that information here, so continue to check back for up-to-date guidance.  

NEW - Listen to the podcast "What's Next? A Conversation on Federal and State Response to COVID-19," from McBrayer Member Anne-Tyler Morgan and MML&K Government Solutions Principal James Higdon:

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New Kentucky Law Protects Businesses from COVID-19 Liability

Webinar: Vaccinations and Regulations and Misinformation, Oh My!

Updated: EEOC Guidance on COVID-19 and ADA Issues for Employers

Employers, Take Note: EEOC Releases COVID-19 Vaccine Guidance

FFCRA Ends December 31; Employers Must Act Now

ALERT: New CDC Guidance Redefines "Close Contact" and Employers Must Take Notice

WARNING: DOL Moves the Goalposts on FFCRA for Healthcare Providers

Alternate and Hybrid School Schedules Give Parents Stronger Rights to Leave Under New FFCRA Guidance

EEOC Nixes Required Antibody Tests in the Workplace

DHS Provides Form I-9 Guidance During COVID-19 Pandemic

OSHA Updates Investigation Guidelines During New Pandemic Phase

Phased Reopening Guidelines: How to Stay Safe and Compliant

Employee Temperature Checks and Confidentiality: Separating Fact from Fiction

What Employers Should Know about Bringing Employees Back into the Workplace, Part II

What Employers Should Know About Bringing Employees Back into the Workplace, Part I

Employers - What To Do Now

The Families First Coronavirus Response Act Becomes Law - What Employers Need to Know 

Temporary Leave, Layoff or Pay Cuts: How to Handle Your Workforce Now That Your Business is Closed

Department of Labor Issues Guidance for Employers – Paid Leave Provisions Take Effect April 1st

IRS, DOL and Treasury Release Notice on How Employers Will Take Tax Credits for Paid Sick Leave

COVID-19 Update for Employers: New Notice NOW AVAILABLE, and NOW is the Time to Review Your Policies

Enforcement and Retaliation of New Paid Leave Provisions - Crucial Concerns for Employers

Coronavirus and Employers: Critical Compliance Information

Confidentiality and COVID-19 - Guidance for Employers

CDC Releases Guidance for Employers to Respond to Coronavirus


Deadline to Apply for PPP Loans Extended to May 31, 2021

Trademark Registrants, Take Note: COVID-19 Presents Some Challenges for Maintaining Trademark Registrations

A Christmas Miracle! Congress Agrees on a New Coronavirus Relief Bill

New Guidance on Change of Ownership Issues for PPP Loans

Federal Reserve Announces Expansion of Main Street Lending Program

Best Practices for Transitioning to the Virtual Workplace

Payroll Protection Program Loan Forgiveness Applications Now Available

Congress Approves Extension for PPP and EIDL Programs

New Program Provides Relief for Mid-Size Businesses (and Small Businesses, Too!)

Businesses: Submit Your Reopen Proposal!

The CARES Act – What You Need to Know about Relief Now Available for Businesses

Dept. of Agriculture Issues COVID-19 Guidance for the Equine Industry

Businesses – Loans and Tax Relief for the COVID-19 Crisis Are Available

Force Majeure, Contracts and COVID-19


Restaurants Have Their Own Set of Healthy at Work Requirements

Senate Bill 99 Provides a Host of Changes to Alcohol Regulation

Relief for Wholesalers and Distributors

Provisions of New Kentucky Law, SB 150, Allow for Temporary Sales by the Drink Deliveries and Take-Out

New Order from Gov. Beshear Closes All Non-Essential Retail Businesses; Restaurants May Continue Delivery, Carry-Out and Drive-Through Service

Kentucky Public Protection Cabinet Order Allows Package Sales for By-the-Drink Licensees

Kentucky Bill May Provide Relief to Alcohol Sellers

Gov. Beshear Orders All Public-Facing Businesses to Close

Gov. Beshear Executive Order Restricts Onsite Consumption of Food and Alcohol


A COVID Christmas: Navigating Child Custody This Holiday Season

Estate Planning

CARES Act Charitable Contribution Extended for 2021


Our COVID-19 resource page for healthcare providers is available here.


McBrayer is one of the only law firms in Kentucky that houses a full service government relations team based in Frankfort. This team that is staying in communication with the Governor’s Office and other leaders during this crisis. For more information, please contact:

Sean M Cutter
Executive Director
MML&K Government Solutions

Potential Liability for Businesses and Employers Related to the Impact of the Spread COVID-19

The threat of COVID-19 has far-reaching consequences for all businesses and employers, many of which are unknown at this time.  All businesses are taking steps in accordance with CDC guidelines and governmental recommendations to stop the spread of COVID-19, however, this is creating a significant and potentially devastating financial impact.  While no one yet knows how long this will last, we do know that it will resolve.  Following the 2008 recession, we saw a spike in all types of litigation in response to the financial losses.  We can expect that litigation will increase as a result of the economic losses suffered as a result of this national emergency as well.  All businesses should be taking steps now to limit their exposure to litigation by determining their specific risks.

            The following areas should be evaluated by all businesses:

  • Employee sick and leave policies that are in compliance with the law and take into account all aspects of this disease, including any potential liability outside of a workers’ compensation claim for any willful conduct that could unnecessarily expose an employee to harm.
  • Mass layoffs or terminations and whether certain laws such as the WARN Act are triggered. A determination should be made regarding offering a severance that would include a release of all potential claims.
  • A review of the Occupational Safety and Health Act and the National Labor Relations Act for potential liability.
  • A review of all contracts entered into with third parties for liability for non-performance and breach and any defenses to breach.

Preparing today for any potential liability is imperative to ensuring that after your business survives the short-term consequences of the threat of COVID-19, it is not subject to liability that poses an equal threat.

If you have questions or concerns about managing your business in light of COVID-19 or need quick help on your COVID-19 policies, contact our attorneys for responsive answers:

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