COVID-19 Legal Guidance for Reopening Businesses

Yvenne King
YMK Associates, PLLC
July 17, 2020 – Greater New York Chamber of Commerce

Legal & Business Counsel to Trailblazers, Innovators, Strategists
© 2020 YMK Associates, PLLC. All Rights Reserved.
COVID-19 Legal and Business Risks
 Lawsuits for contracting COVID-19 on
company premises.
 Complaints for violating reopening
guidelines.
 Negative publicity and social media
shaming.

HOT OFF THE PRESS
Bars and Restaurants
 NYC – 3 Strikes and You’re Closed
 Statewide
 Serve alcohol only while dining
 6ft social distancing or physical barriers
 Report violations w/photos to the SLA

Agenda
 New York Guidance -Top 10
 CYA Documentation
 Employee COVID-19 Consent Forms
 Customer COVID-19 Consent and Waiver
Forms

 The Business Affirmation – submit online.
 Safety Plan – create, updated, post on site.
 PPEs – must provide.
 Training – train staff on PPEs.
New York Guidance on Reopening

 Health Screenings.
 Staff – daily.
 Every time they leave premises.
 Questionnaire is up-to-date with CDC.
 Log of Health Screenings – who conducted, who
was screened, passed or not.
 Prohibition - you CANNOT keep results of
anyone’s Health Screenings.

 Exposure Control Plan.
 Central Point of Contact.
 Log for Contact Tracing.
 Cannot mandate Customers, but strongly
encourage.

 Other laws and regulations.
 Site Safety Monitor.
 Email alerts.
 Stay updated on changes.
 Revise Safety Plan and related documents.
 Stay updated on COVID-19 symptoms.
 Notify staff and customers of changes.

New York Forward website – Phase One webpage

 Safety Plan
 Employee COVID-19 Policies &
Procedures
 Customer Rules
 Logs of Health Screenings
 Logs of Contact Tracing Information
CYA Documentation File

 Photos
 Exposure Control Plan
 Complaints and Incidents
 Recordings
CYA Documentation File

 COVID-19 situation and risks and
consequences.
 Company rules, policies and procedures.
 Participate in Mitigation Measures by
agreeing to Health Screenings.
 Cooperate with requirements in Exposure
Control Plan
Employee Consent Form

 Paper trail for Employee compliance.
 Employee cooperation and participation.
 CYA Documentation File.
Employee Consent Form
Benefits

 COVID-19 situation and risks and
consequences.
 Company rules, policies and procedures.
 Participate in Mitigation Measures by
agreeing to Health Screenings.
 Provide information to include in
company’s Contact Tracing Log.
Customer Consent & Waiver Form
Consent

 Voluntarily coming on to your premises to
receive services.
 Assuming the risks of being exposed to the
COVID-19.
 Promise not to sue for COVID-19 claims.
Customer Consent & Waiver Form
Waiver

 Valid and enforceable, but…
 Exceptions
 Gross negligence, willful/intentional misconduct or
special relationship.
 Parking garage, parking lot or repair service with or for
four or more vehicles.
 Pool, gymnasium, place of amusement or
recreation or similar establishment.
Waivers in New York

 Top 10 mandates in NY Guidance
 CYA Documentation File
 Employee Consent Form
 Customer Consent & Waiver Form
Take Action Now

 Staying Open ToolKit
 Set of Documents includes the three New York
Consent and Waiver Forms
 Valued at over $8,000
 Special price for attendees: $129
 Staying Open ToolKit and Special
Legal Consultation Package
 Special price for attendees: $329
Special Offers

Thank You
Send Email Request
for New York Staying Open ToolKit
or
Special Legal Consultation Package
Yvenne King
yking@ymkassociates.com
YMK Associates, PLLC
(Phone) 917-406-4625 (Fax) 800-820-1918

COVID-19 Legal Guidance for Reopening Businesses

Recommended

Recommended

More Related Content

Similar to COVID-19 Legal Guidance for Reopening Businesses

Similar to COVID-19 Legal Guidance for Reopening Businesses (20)

Recently uploaded

Recently uploaded (20)

COVID-19 Legal Guidance for Reopening Businesses