Show Transcript
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good day to you all
this is Chaz Freutel with the Dublin
entrepreneurial Center and you are
joining us today for the Dec educational
webinar series we really appreciate you
joining us today we want to continue to
provide you with excellent information
about what’s going on during the Cova 19
virus situation and how we can best help
employers in the Central Ohio community
I have a great guest with me today Ric
Gerber from Gerber and Mitchell law. Good
day to you Ric. how are you today
doing well how about you good good well
hey Rick we’ve got a challenging time
right now it’s it’s really causing a lot
of havoc in so many ways with families
and businesses and and all around and
we’re here to give businesses a little
bit of advice this morning as to how we
can best handle the new guidelines
presented by governor DeWine in the
state of Ohio the new responsible
restart Ohio guidelines and discuss how
that may affect bringing employers and
businesses along with their employees
back to work and we want to discuss a
little bit about those guidelines and
what some of the liabilities might be
for those employers bringing employees
back as well as facilities that would be
hosting those businesses so Rick I know
that you’ve taken a look at the the new
guidelines and kind of give us your
overall impression of what we’ve got
right now
well Chaz what we have right now is
what’s going on in every other part of
our lives it is changing often and
and in rapidly the guidelines that were
came out Monday are being rewritten and
we expect they have more this afternoon
from from the governor and the the Ohio
Department of Health this is a very
fluid area as I say and what we are
seeing is we we see in our newspapers
and our business sections not only here
in central Iowa but all through the
country looking at to see what employers
should be doing but also what are the
expectations of customers and in
employees like I said it is very fluid
and but there are measures that
employees I’m sorry employers can take
that will protect them and and equally
so protect their employees and customers
well that’s the most important thing we
want to make sure that businesses
understand what they need to be doing
what employees need to be doing that are
that are coming back to the workplace
and I think there are three different
sections three different industries that
are that are affected in this but we’re
it’s gonna more specifically talk about
the regulations and guidelines for
general office environments which tends
to affect most of those employees that
are coming back to offices we have you
know still maintaining the six feet
between folks personnel should work from
home when possible employees must
perform daily symptom assessments that’s
one that we kind of need to talk about a
little bit more require employees to
stay home if symptomatic face coverings
must be worn at all times while coat by
working but I know that the governor
maybe said something else about that so
we need to talk about that require
regular hand washing reduce sharing of
work materials limit travel as much as
possible stagger arrival of all
employees and guests and post signage on
hell
safety guidelines in common areas so I
guess we need to really help employers
understand how they can better make sure
that they’re following these guidelines
and you know what what what do we do to
make sure that we’re that we’re
following these in the correct manner
and what are the potential liabilities
for an employer if for something happens
and maybe they don’t sure well a lot of
this is common sense
but but nonetheless as you can see from
what we had put up on the the board
there there are mandatory guidelines
there are also recommended best
practices
I would advise and we’re on the phone
with many of our clients it seems like
every day on these issues and we are
advising our clients to put together a
policy if you will and have that
reviewed by by their lawyers also
disseminate this information out to
their managers and also out to the
employees I think although the the the
requirement is on the employer to make
these safeguards I think it’s also a
partnership with their employees the
employees have to participate and abide
by these as well so it’s kind of a
two-way street there I think that’s very
important to emphasize it’s just not a
one way street where it’s all up to the
employer to do these things and the
employee just sits back and says well
I’m not going to participate or
cooperate also when it knows that it’s
up yeah I’m sorry Chaz I also wanted to
note that a lot of these things we’re
testing ones temperature and the like
you know up to this point before the
virus that would not be lawful to do but
these are exceptions these are extreme
times so employers do have that right to
inquire from that their employees you
know what’s your temperature how you
feeling where you’ve been traveling on
weekends things like that the employer
has a right to know those things and to
take action
if there are warning signs such as a
fever or they’ve been traveling to
another state maybe it’s best that
employee stays home for quarantines for
a period of time well that’s good advice
that’s good advice where do you think a
business should best start when they’re
developing these types of policies that
you’re that you’re suggesting obviously
sitting down and addressing each one of
these mandatory guidelines so that they
can post those around their facility
distribute those to their to their
employees that type of thing what what’s
the best way do you think that they
could do to handle that is something is
that something that your firm is ready
to to potentially help folks with
absolutely we are prepared to help help
out business clients with with these
like guidelines I would recommend that a
business look to OSHA at the federal
level and also to the Ohio Department of
Health here in the state of Ohio each
government agency has a list of
mandatory requirements and also
recommended best practices and as the is
the way the law is shaping up as long as
an employer follows those guidelines
they should be able to protect
themselves from liability you know we
were talking earlier this morning was
with a group of people and and an
employer asked me well how is somebody
going to prove if they contracted the
virus at my place of employment and I
said well I don’t think they were going
to have to show that they contracted
there there’s what they’re going to have
to show is that you did not follow those
mandates or those recommended best
practices and if there’s a showing that
you fail to adhere to those that I think
that employee will have a cause of
action against their employer okay well
I understand that on the federal level
that there have been to some discussions
from congressmen and Senators about
trying to limit some of the liability if
you heard some of those discussions
I certainly have at the federal level
we’ve heard from the the president that
he would
would like to mmm this could be a camp
the liability we’ve also heard some
Congress of people say the same thing
but there’s a recognition that most
likely the House of Representatives
would not go along with was such an idea
as such I imagined that the the Attorney
General of the United States is advising
the President as to what executive
orders that he could sign to to further
that end also here in Ohio we have a
little different environment I believe
that our legislature could take up the
issue and pass it so I would not be
surprised to see within the next week or
two or three to see legislation and
executive orders coming out on these
issues wow that’s great great
information I was on a call yesterday
with Congressman Jim Jordan from Ohio
and and he was kind of saying the same
thing that he didn’t feel optimistic
about something happening from Congress
on the federal level but he thought at
least from a state level in Ohio
considering Ohio has a supermajority
that leans toward business maybe that
that it’s possible that something could
be could be passed at least here in Ohio
if you feel more optimistic maybe about
that oh absolutely I think Ohio Ohio has
always been a very business friendly
state and I would expect the Ohio
legislature to take up the issue and and
to come to some balance and I think
that’s I think that’s the theme and the
end goal for all concerned
with that so yes I I do think Ohio will
be doing something here very soon well
Rick that’s that’s the key to this whole
thing is obviously we want to get
business back to to working get
employees back to work get more
businesses not being jeopardized in in
their success and to do that we have to
do it the right way and obviously these
guidelines are new untested I’m sure
there’s going to be some instances where
people are going to be
come in some changes and and that type
of thing but at least we’ve got
something to move forward with it’s
gonna happen it happens soon
tomorrow’s Ohio is reopening in some
ways then comes Monday and then I
believe it’s the 12th and and moving on
for restaurants and things like that so
there’s various phases as this is
proceeding our folks going to be able to
there again get in touch with you and
provide them with some additional
guidance –is as well as the policies
absolutely we do monitor this it seems
like every day we are aware that the the
guidelines will be posted here for this
of this area today came out late Monday
and we are we have been advised by the
Department of Health that updates to
this will happen later today after the
governor speaks this afternoon so we are
watching this day and day out and and
it’s something that we just all have to
stay on top of you know Chancellor was
one thing I forgot to mention earlier
we’re very blessed here in Ohio we seem
to have a very cooperative spirit among
the entire residents both other states
they have taken this virus very
seriously if you go to the store grocery
store or a drugstore you see most people
that are wearing masks people are
washing their hands the Ohio as as I
think been a great example for the rest
of the country on how to handle in this
situation so I fully expect that many of
our employees customers that do out
frequent our our businesses will do
their part as well as our employers will
well I completely agree I’ve seen much
of the same thing and and just to give a
plug to our deck tenants who have been
coming in kind of throughout this time
whether they have been able to come in
as a as a necessary employer or just
coming in to pick up mail those kinds of
things for the most part they’ve been
following those kinds of guidelines
already which has been which has been
great to see and we’ve already been
providing wipes and and regular daily
cleansing and things like that around
the common areas and we’re asking our
tenants when they do come in to make
sure that they’re keeping their
individual areas clean and we can help
them to do that if necessary and I’m
sure other facilities are gonna have to
to step up and do the same kind of thing
interestingly enough over the last three
weeks I’ve actually had four businesses
that have contacted us that are that are
wanting to start a business right now
which is certainly challenging but it’s
great to hear that there’s actually
businesses out there that are that are
wanting to step into the fray and and
get a brand new business going Rick so
what if if they are a new business what
are some of the things that you can do
for them well for a new business
certainly we can help form their entity
whether that’s an LLC or a corporation
and also with that LLC which is the
popular entity of choice today if they
have partners certainly go through that
operating agreement for them and to
advise them on the tax structure of the
of the entity and get an idea of what
type of employees they anticipate hiring
what their role will be those sort of
things we can also assist with advising
them on their financing needs and
structuring their their overall
relationship with with third parties
toward that end well that’s great advice
and I know that you’ve done an excellent
job of a number of our tenants as well
as some new businesses that that we’ve
connected with you along the way I do
have a question from that’s come in from
one of our tenants here at the deck the
question is what recourse do I have if a
customer who normally has been paying me
on time stopped paying recently for
their invoices which I’m sure is a
challenging time and luck
income not coming in like it like it
usually does what do you think the
recourse should be or what would your
recommendation be at this time for
employers that are facing challenges in
this area well you can always take
somebody to court but as I often remind
people there is no pay window down there
litigation is expensive the best thing
perhaps to do is to keep a remain and
have a open dialogue with these folks
try to work with them as the saying goes
you get more you get more bees with
honey than you do vinegar and I work out
a payment plan of some kind over a
period of time no one likes to have to
wait for their money that they’ve
they’ve earned but in these times it may
make sense to work out a payment plan as
it is to simply sue them in and go down
that route one thing to keep in mind if
you do sue them is that the courts right
now are not entertaining these type of
cases they are working on a limited
schedule the court dockets are being are
now backed up with criminal cases and
alike and once they open which may
happen in here in the next two or three
weeks they will be working through all
of those cases probably well into the
late summer so again I would recommend
that try to work through that a lawyer
can be very helpful with that to maybe
work out some payment terms that are
mutually beneficial that’s great advice
Rick and and we really appreciate you
coming in here and and sharing with our
audience today just one last thing
if you could do us a favor and give us
any a takeaway or a prescription the
business owner should keep in mind as we
as we leave today what I would recommend
for all business owners is keep aware of
the changes that are going on read the
papers listen to the radio actually
watch the governor DeWine show my wife
watches that every day it’s become kind
of a cult following but
information situations are changing
constantly
and I think it’s a move all of us if we
were to just simply stay up on what is
going on today
and be mindful that in your business we
all like certainty but we also have to
be willing to make changes as they occur
well that’s great advice Rick thank you
so much for joining us today
Rick Gerber with Gerber and Mitchell law
right here in Dublin Ohio it’s been a
pleasure talking to you today Rick and
we appreciate you coming and and
visiting us today and I know that you’ll
give some outstanding advice to any
employers that might want to give you a
call and and again get some advice well
thank you jazz and it’s always a
pleasure to talk with you thanks so much
thank you very much no problem
well we also want to thank our sponsors
parasol video Dot The i Creative, and Event Video
video and Metro Data Center for making
sure that we could put these videos on
in these educational webinar series from
the Dublin entrepreneurial center I’d
like to ask you to please join us for
our next series recording that will be
coming up and available soon and we will
be hosting Michelle Rosebery from HBK
CPAs and consultants and we’ll be
talking about those accounting issues
tax issues that you’re going to have to
keep in mind especially those of you
that are receiving some of those PPP and
other dollars from the federal
government and what the timelines are
for filing and all those kinds of things
so be looking out for that next series
and as always we appreciate you joining
us here this is Chaz foretell and I like
to thank you so much for joining us have
a blessed day
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