U.S. EEOC Pandemic Guidance: COVID-19 Transportation Update – Saturday, April 18, 2020

Saturday, April 18, 2020

Matt Daus Predicts Future COVID-19 Ground Transport Industry Regulations in Presentation to European Government Transportation Officials 

Matt Daus participated in an international webinar sponsored by PIARC – the Permanent International Association of Road Congresses (formerly the World Road Association) on Wednesday, April 15, providing an overview of the latest impacts of the COVID-19 pandemic on transportation in United States and Canadian cities, states and provinces, including responses by transportation officials and other governmental institutions. Preliminary results of a survey conducted by the International Association of Transportation Regulators (IATR) www.iatr.global were shared covering actions taken by regulators, including licensing fee and renewal deferrals/extensions, cessation of vehicle inspections and enforcement, bans on ride sharing, and innovative programs to help the industry recover.  Matt joined a discussion among government officials from Italy, France, Norway and the United Kingdom concerning the impact of COVID-19 on roads and traffic, as well as a return to business that is taking place already in some parts of the world. To view the webinar, click here.

EEOC Pandemic Guidance

As many states move to open businesses, transportation companies should familiarize themselves with the United States Equal Employment Opportunity Commission’s (“EEOC”), “Pandemic Preparedness in the Workplace and the Americans with Disabilities Act Guide.” In an earlier news alert, the EEOC reminded employers of its 2009 guidance that has been updated, and that the prohibitions set forth in the Americans with Disabilities Act (the “ADA”) do not interfere with or prevent employers from following the CDC’s, “Interim Guidance for a Businesses and Employers.” Employers are advised that the ADA places general restrictions on the kinds of inquiries that can be made into an employee’s medical status. The ADA prohibits employers from making disability-related inquiries and requiring medical examinations, unless: (1) the employer can show that the inquiry or exam is job-related and consistent with business necessity, or (2) where the employer has a reasonable belief that the employee poses a direct threat to the health or safety of the individual or others that cannot otherwise be eliminated or reduced by reasonable accommodation.  Finally, transportation companies should continue to monitor the WHO, CDC, state and city health agencies and government websites for local information on the Coronavirus. If you have any questions, please contact Matt Daus, partner and Transportation Practice Group Chair at mdaus@windelsmarx.com. Our team includes top employment lawyers who specialize in representing transportation companies, including Hon. Patricia Gatling, now Counsel to our practice and the former NYC Human Rights Commissioner/Deputy Secretary for Civil Rights to NY State Governor Andrew Cuomo.

New SBA Guidance for Independent Contractors for PPP Loans!

For those transportation companies and independent contractors with an interest in applying for the PPP loans, we have updated the resource guides to include the most recent information from the SBA: 

  • Updated the FAQs for PPP Loans based on the new SBA guidance for independent contractor-drivers can be found here.  
  • Updated Checklist and Worksheet/Calculator for PPP Loan applicants can be found here