Posts

San Diego County Residents & Business Owners: Weekly COVID-19 Telebriefs

If you are a resident or business owner operating in the County of San Diego you are greatly encouraged to keep up-to-date with regulations imposed in the County.  Save and favorite the following link: www.coronavirus-sd.com

Interested in updates impacting business? Listen in certain Wednesdays at 9:30am. These meetings were initially set for every 2nd and 4th Wednesday but has changed to WEEKLY meetings.

Click on the following link https://zoom.us/j/157409037using your computer. Meeting ID: 157409037.
All participants will be muted during the meeting. In order to submit questions during the call, use the chat feature on the Zoom platform.

ryan-cruz-law-san-diego-attorney-business-lawyer-covid-employer-duty-report-covid-cases-august-2020-business-telebriefs-weekly

telebriefs

Click here for a list of recent updates and archives of recent resources emails sent out to the business community. For example, previous topics include the “Employer Playbook for Safe Re-Opening” as published by the State on July 31, 2020.

 

ryan-cruz-law-san-diego-attorney-business-lawyer-covid-employer-duty-report-covid-cases-august-2020-business-telebriefs-3

ryan-cruz-law-san-diego-attorney-business-lawyer-covid-employer-duty-report-covid-cases-august-2020-business-telebriefs-2

Residents: What you MUST Do if You Have Been Diagnosed with COVID-19 (Quarantine Order)

If you are a resident of- or visitor to the County of San Diego you are greatly encouraged to keep up-to-date with COVID-19 regulations imposed.  Save and favorite the following link: www.coronavirus-sd.com

On Thursday, July 30, 2020, San Diego County officials released a new public order indicating what a person MUST do when they have been diagnosed with COVID-19. The same order applies if you are likely to have COVID-19. The July 30th order makes reference to a publication issued on July 24, 2020 which are specific orders reflecting Quarantine Instructions.

ryan-cruz-law-san-diego-attorney-business-lawyer-covid-employer-duty-report-covid-cases-august-2020-public-order-july-30-2020-1

ryan-cruz-law-san-diego-attorney-estate-planning-wills-trusts-lawyer-covid-citizen-duty-covid-cases-august-2020-public-order-july-30-2020-1

Follow this Link to see the Quarantine of Persons Exposed to COVID-19 health order.  The Order states: 

All persons who have had close contact with a COVID-19 Patient must immediately take the following actions:

1. Quarantine themselves in their home or another residence for 14 days after the last contact with a COVID-19 Patient. If quarantined in a congregate setting, hotel or multi-unit setting, the person may not enter any other units within that setting. Persons may leave their place of quarantine to receive necessary medical care. Essential workers needed to maintain continuity of operations of sectors designated in the document available at https://covid19.ca.gov/img/EssentialCriticalInfrastructureWorkers.pdf, may report to work if they have notified their employer about the close contact, have no symptoms of COVID-19, and wear appropriate personal protective equipment as required by their job/position.

Read more through the above-link.

ryan-cruz-law-san-diego-attorney-estate-planning-wills-trusts-lawyer-covid-citizen-duty-covid-cases-august-2020-public-order-july-30-2020-3

 

 

ryan-cruz-law-san-diego-attorney-estate-planning-wills-trusts-lawyer-covid-covid-19-compliance-hotline-august-2020-1

San Diego County Residents & Business Owners: County Creates COVID-19 Compliance Hotline (858) 694-2900

If you are a resident of- or visitor to the County of San Diego you are greatly encouraged to keep up-to-date with COVID-19 regulations imposed.  Save and favorite the following link: www.coronavirus-sd.com

The County of San Diego, namely the County Board of Supervisors, has implemented a new team set to take enforcement action when businesses and individuals do not follow County Orders in relation to COVID-19.

To report violations, Call (858) 694-2900

The goal for this Healthy Compliance Center — part of the County’s “Safe Reopening Compliance Team — is for the team to determine how serious the violation is in order to alleviate some of the burden from local law enforcement divisions that need to “focus on the elements of their mission.” Previously, those types of calls are being taken at the county’s 211 phone line. In July alone, the county received 400 phone calls via 211. This new hotline would allow reporting parties to speak to a county employee one-on-one, in more detail

ryan-cruz-law-san-diego-attorney-estate-planning-wills-trusts-lawyer-covid-covid-19-compliance-hotline-august-2020-1

San Diego County Employers: What to Do When 1 or 3 or More COVID-19 Cases Are Identified At Work

If you are a business owner operating in the County of San Diego you are greatly encouraged to keep up-to-date with regulations imposed on employers.  Save and favorite the following link: www.coronavirus-sd.com

On Thursday, July 30, 2020, San Diego County officials released a new public order indicating what action an employer must take when:

  • one (1) employee is diagnosed with COVID-19; and
  • three (3) or more employees are diagnosed with COVID-19.

ryan-cruz-law-san-diego-attorney-business-lawyer-covid-employer-duty-report-covid-cases-august-2020-public-order-july-30-2020-1 ryan-cruz-law-san-diego-attorney-business-lawyer-covid-employer-duty-report-covid-cases-august-2020-public-order-july-30-2020-2

 

Paragraph 16 of the Order states:

16. Each essential business and reopened business shall:

a.Require all employees/on-site contractors (hereinafter referred to as employees) to have possession of face coverings and wear them as described in section 9 above when in the business facility; and,

b.Shall conduct temperature screening of all employees and prohibit entry to the workplace of employees with a temperature of 100 degrees or more, employees exhibiting COVID-19 symptoms as described by the Centers for Disease Control and Prevention, or employees who have recently been exposed to a person who has tested positive for COVID-19 (either directly or through a breach of Personal Protective Equipment in the case of healthcare workers/first responders); and

c.Take all of the following actions if an employer becomes aware that an employee is diagnosed with COVID-19:

i.Promptly notify the County Department of Public Health that there is an employee diagnosed with COVID-19, together with the name, date of birth, and contact information of the employee.

ii.Cooperate with the County Department of Public Health’s COVID-19 response team to identify and provide contact information for any persons exposed by the employee at the workplace.

ryan-cruz-law-san-diego-attorney-business-lawyer-covid-employer-duty-report-covid-cases-august-2020-county-flowchart

iii.When three or more cases are identified at the workplace within a span of 14 days, provide notice of the exposure to any employees, customers, or any other persons who may have been exposed to COVID-19 at the workplace. A strong recommendation is made that employers also provide such notice when at least one employee is diagnosed with COVID-19 in the workplace.

(image added for clarity)

San Diego County Employers: Report Employees With Covid-19

If you are a business owner operating in the County of San Diego you are greatly encouraged to keep up-to-date with regulations imposed on employers.  Save and favorite the following link: www.coronavirus-sd.com

If your employee or independent contractor has been diagnosed with COVID-19, you must call in to notify Public Health Services about an employee with COVID-19. Call 888-950-9905. Provide the employee’s name, date of birth, and contact information. Prepare to leave a recorded message. It’s highly likely you won’t get a call back confirming receipt, but the County is using this information. Per County officials on August 5, 2020, failing to report is a misdemeanor likely subject to a fine, though enforcement details were not outlined.

ryan-cruz-law-san-diego-attorney-business-lawyer-covid-employer-duty-report-covid-cases-august-2020-county-flowchart

 

San Diego County Employers: Review COVID-19 Obligations

If you are a business owner operating in the County of San Diego you are greatly encouraged to keep up-to-date with regulations imposed on employers.  Save and favorite the following link: www.coronavirus-sd.com

If your employee or independent contractor has been diagnosed with COVID-19, read about your reporting obligations with the County.

ryan-cruz-law-san-diego-attorney-business-lawyer-covid-employer-duty-return-to-work-august-2020-county-flowchart-2

 

See sample flowchart developed by the County of San Diego indicating what to do is healthcare personnel (hcp) is suspected or confirmed positive for COVID-19.

ryan-cruz-law-san-diego-attorney-business-lawyer-covid-employer-duty-return-to-work-august-2020-county-flowchart

 

 

 

5 Steps to Safely Re-Open Your Business in San Diego County Amid COVID-19

On March 11, 2020, the World Health Organization declared COVID-19 a pandemic. A pandemic is defined as a global spread of a new disease often applied when viruses are able to infect people easily and spread from person to person in an efficient and sustained way. On March 19, 2020, an executive order and public health order directed all Californians to stay home except to go to an essential job or shop for essential needs to disrupt the spread of COVID-19 among the population. However, not all businesses came to a halt. Essential services were still in operation and the State of California published some guidance on how to maintain those operations open. Over time in the months of April and May, 2020, the State has continued its publication of industry guidance offering recommendations on how to best re-open amid COVID-19.

If your business is in the process of re-opening or recently re-opened, use the next 5-steps as guidance and a minimum criteria for adhering to State, county, and city (or incorporate area) imposed measures.

1. Review the State’s Resilience Roadmap. Confirm that the State is re-opening your industry. As of May 27, 2020, the following sectors, businesses, establishments, or activities are not permitted to operate in the State of California at this time:

  • Personal services such as nail salons, tattoo parlors, gyms and fitness studios
  • Indoor museums, kids museums, gallery spaces, zoos and libraries
  • Community centers, including public pools, playgrounds, and picnic areas
  • Entertainment venues, such as movie theaters, gaming, gambling, arcade venues, pro sports,
  • Hospitality services, such as bars, wineries, tasting rooms and lounges
  • Nightclubs
  • Concert venues
  • Live audience sports
  • Festivals
  • Theme parks
  • Hotels/lodging for leisure and tourism – non-essential travel
  • Higher Education

2. Review State-Published Materials to Help Reduce Risk. Begin implementing your own company measures.

“Before reopening, all facilities must:

  1. Perform a detailed risk assessment and implement a site-specific protection plan
  2. Train employees on how to limit the spread of COVID-19, including how to screen themselves for symptoms and stay home if they have them
  3. Implement individual control measures and screenings
  4. Implement disinfecting protocols
  5. Implement physical distancing guidelines

It is critical that employees needing to self-isolate because of COVID-19 are encouraged to stay at home, with sick leave policies to support that, to prevent further infection in your workplace. See additional information on government programs supporting sick leave and worker’s compensation for COVID-19.”

3. Revisit A Few Industry-Specific Measures.  The State of California has issued guidance on how to safely re-open your business. Be mindful of the publication dates. Updates may be available since publishing this information. Note that some of these publications are only guidelines intended to provide recommended practices to best help reduce the exposure and infection of COVID-19.

4. Turn to Industry-Based Guidance and Publications. Associations, coalitions, and other industry-specific group exist for the purpose of providing guidance on how safely re-open your business when the State of California permits.

5. Seek Out Professional Advice As Needed. This includes turning to your attorneys, insurance agents, financial advisors, business consultants, human resource outsourced consultants, accountants, bookkeepers, your networks and so on to get your affairs in order and be in the know. Each office has spent the last few months brushing up on how COVID-19 will impact your business from their respective professional background. Now is the time to revisit your network.

NOTE: This is only a suggested series of steps to take. Actual opening measures will vary depending on your business and the many variables involved in operating in California. Be sure to comply with local and state measures as they become published in the following months.

 

Amid COVID-19, Can I Initiate a New Legal Transaction?

As COVID-19 unleashed a health crisis on an international scale, an economic crisis has also occurred and has impacted every single Californian/American. While COVID-19’s stay-at-home orders and social distancing requirements are still in place in Southern California, questions concerning legal matters have continued well through March, April, and May, 2020. These are some of the most frequently asked questions:

Question: Amid COVID-19, Can I Initiate a New Legal Transaction?

Answer: Yes, of course. I’ve received a few calls where potential clients have a new legal problem and did not know whether these can be dealt with amid COVID-19. Matters involved creating new contracts, establishing new professional relationships, developing new workplace policies, business debt-management, and several others. If you have a new legal matter and are unsure how to handle it during COVID-19, call in and receive a consultation. Consultations offer guidance allowing you to make an informed decision to handle your legal matters.

Email ruth@ryancruzlaw.com or dial in 619-528-2202

Amid COVID-19, Are Real Estate Matters Moving Forward?

As COVID-19 unleashed a health crisis on an international scale, an economic crisis has also occurred and has impacted every single Californian/American. While COVID-19’s stay-at-home orders and social distancing requirements are still in place in Southern California, questions concerning legal matters have continued well through March, April, and May, 2020. These are some of the most frequently asked questions:

Question: Are estate real estate matters moving forward?

Answer: Yes, the real estate industry managed to quickly adjust to new guidelines and measures in order to avoid interruptions. Here are a few issues and matters that have come across our desks the last few months:

  • My landlord is not providing much financial relief during COVID-19. I have lost my job and wasn’t able to pay rent the last two months and is now threatening eviction. Can he do that? What can I do?
  • I’m in the process of buying a house but was presented with a new Coronavirus CAR form. Are you familiar with that? Can you help explain?
  • I need my contract reviewed. My landlord is amending the lease amid COVID-19 and is adding new protections and releases from liability. Do I have to sign this agreement amendment?
  • I’m selling a property and the buyers want an extension to the escrow process as there have been delays in having them sell their house. Can you help navigate the process?
  • I’m acting as a trustee in a trust administration amid COVID-19 and need to sell a house. Is this a good time to sell?
  • I’m buying an investment commercial property and need help with the buying process as well as help establishing an upcoming landlord-tenant relationship with my prospective tenants. Can you help?
  • Our organization is receiving a property from a non-profit organization.  They are out of state. Can you help  us with the process?
  • A friend of mine and I purchased a property together a few years ago. Now we want to go our separate ways, but I want to keep the property. Can you help?
  • My spouse lost their job and I don’t think we can continue with our mortgage responsibilities. Can you help us with some options?
  • I’m looking to protect myself when purchasing a new investment property. Can you help?
  • I currently own seven different investment properties. With stay-at-home orders, we are concerned a tenant will have habitability issues. We’ll need some guidance. Can you help?
  • Our HOA has imposed new regulations amid COVID-19 which I believe are excessive and are not really necessary in light of COVID-19. What can be done?
  • With stay-at-home measures in place, our condominium has experienced more people at home and thus more use of utilities. Those utilities are impacting my home and causing damage. Whose responsibility is it to repair?
  • My homeowner’s association has called me in to an HOA hearing via Zoom. Is that legal? Can I delay my appearance? What are my options?

Clearly these are paraphrased but this is a brief, incomplete list of the legal inquiries that have come through this law firm amid COVID-19. Some have experienced urgent real estate law needs amid COVID-19 while others needed general guidance for months-long processes.  If you need help with real estate law matters, call in and let’s determine how this office can help.

Amid COVID-19, Are Estate Planning Matters Moving Forward?

As COVID-19 unleashed a health crisis on an international scale, an economic crisis has also occurred and has impacted every single Californian/American. While COVID-19’s stay-at-home orders and social distancing requirements are still in place in Southern California, questions concerning legal matters have continued well through March, April, and May, 2020. These are some of the most frequently asked questions:

Question: Are estate planning matters moving forward?

Answer: Yes, they most certainly are. As people always say, the one thing we all have for certain is that at some point we all die. For some it is certainly not a fun topic to think about. For others, having their affairs in order is certainly exciting. Count me in the second group. As COVID-19 started, plenty of inquiries were handled asking for either self-help options or assistance in preparing documents. Here are a few issues and matters that have come across our desks the last few months:

  • I’d like to create a simple Will
  • My financial advisor tells me I need to create a Trust. How does that work?
  • COVID-19 has made me think about establishing plans for myself, my spouse, and my children. My children have their own children now. Is this something I can plan?
  • I have a few retirement accounts that need attention. How does your office help with that? Does it?
  • What plans can I make now so that my minor child is cared for should anything happen to me?
  • Mom passed away and we cannot find her Will. What can we do?
  • I live out-of-state and a family member died in San Diego County. Can you help with Probate there?
  • We know dad had a parcel of land out-of-state. He passed and we want to know what happens to that land.
  • I’m currently hospitalized with only a few months to live. Can you help prepare my last wishes for me?
  • My soon-to-be ex-spouse and I own a property together and have a child together. I’ll be initiating a divorce and want to know what happens to our Trust, our property, and our child.
  • I’d like to leave behind a DNR (do not resuscitate). Can you help with that?
  • I’m out of the country and wish for my son to complete the sale of one of my properties there. Can you help?
  • Probate matters in San Diego Court are temporarily on hold, but we need to start a Probate. Can that still happen?
  • My parents left behind a Trust where I was nominated a Successor Trustee (future administrator). Can I start without making a court appearance? Can I start with all the limitations of COVID-19?
  • Under the terms of my parents’ trust they instructed to sell the house and divvy the proceeds between myself and siblings. Can I still sell in spite of COVID-19? Is now the best time to sell or should I wait?
  • My parents are older. They’re safe now and following social distancing measures, but they’d like to discuss updating their Wills. They speak Spanish. Can you help?
  • A few years ago I used a self-help site to create my own Will. Can you review that and confirm everything looks good?

Clearly these are paraphrased but this is a brief, incomplete list of the legal inquiries that have come through this law firm amid COVID-19. For some persons and couples, they may have already had their affairs in order. For others, brand new issues developed during COVID-19 requiring immediate attention.  If you need help with estate planning matters, probate matters, or trust administration matters, call in and let’s determine how this office can help.