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30 Jun 2020, 6:13 am
In addition, EO 156 states that the requirements in prior Executive or Administrative Orders or agency directives regarding gathering limits are amended to reflect the rules on gatherings stated in EO 156, including, for example, the limit on occupancy on personal care premises, which was subject to the indoor gathering limit under Division of Consumer Affairs Administrative Order No. 2020-09 (which we wrote about here). [read post]
27 Jun 2020, 9:31 am
Yet, Gorsuch's textualism was premised on the anti-textualist precedents from Justice Breyer. [read post]
26 Jun 2020, 5:27 am
Under the legislation adopted in these states, businesses in compliance with state and federal guidance, such as that issued by the Centers for Disease Control and Prevention, the Occupational Safety and Health Administration, and/or the state’s Department of Health, would be afforded liability shield protection for potential claims of persons alleging that they contracted COVID-19 on the businesses’ premises. [read post]
25 Jun 2020, 6:33 am
Since June 3, Texas has been in Phase III of reopening, whereby all businesses in Texas are permitted to operate at up to 50% capacity, with very limited exceptions, and since June 12, 2020, restaurants have been permitted to expand their occupancy levels to 75%. [read post]
24 Jun 2020, 12:18 pm
This law will expire on the first day of the seventh month following the date on which the Governor declares the state of emergency has ended, or the date on which the coronavirus-related occupancy or customer seating restrictions no longer apply to the licensed premises, whichever date occurs later. [read post]
22 Jun 2020, 5:00 am
Proof of occupancy is typically certified on an annual basis to the Lender in writing. [read post]
19 Jun 2020, 6:16 pm
A Hotel Employer includes the owner, operator, manager or lessee of any restaurant physically located on hotel premises. [read post]
18 Jun 2020, 3:48 am
The Court of Appeal notes there are indeed sound policy reasons for ensuring that tenants know that they are taking up occupation of premises where they can safely live. [read post]
18 Jun 2020, 12:00 am
For example, the “covenant of quiet enjoyment” provides that a tenant is entitled to the undisturbed use and enjoyment of its premises. [read post]
18 Jun 2020, 12:00 am
For example, the “covenant of quiet enjoyment” provides that a tenant is entitled to the undisturbed use and enjoyment of its premises. [read post]
17 Jun 2020, 7:02 am
The Occupational Safety & Health Act (“OSHA”) requires that employers provide a workplace “free from recognized hazards that are causing or are likely to cause death or serious physical harm. [read post]
16 Jun 2020, 6:29 am
In addition, EO 153, with limited exception (discussed below), permits the reopening of all outdoor recreational and entertainment businesses and spaces that were previously closed to the public by EO 107, provided that such businesses adopt policies that include, at minimum, the following requirements: The public is permitted only in such outdoor spaces, except that members of the public may enter the indoor premises of the recreation business when entering or exiting the… [read post]
9 Jun 2020, 7:27 am
Indoor Non-Essential Retail As of 6:00 a.m., June 15, 2020, the brick-and-mortar premises of non-essential retail businesses that were closed to the public by Executive Order 107 may reopen to the public, provided that the businesses adopt policies that include, at minimum, the requirements that were applied to essential retail businesses in Paragraph 1 of Executive Order 122 (“EO 122”) (which we wrote about here). [read post]
6 Jun 2020, 12:43 pm
The NJ Supreme Court decided an asbestos product liability case that mandates strict liability against manufacturers or distributors of products that contain asbestos-fiber. [read post]
6 Jun 2020, 11:20 am
Mr Crossley drew a distinction between using premises for a business (as a “business resource” as he put it), and carrying on business upon the premises. [read post]
6 Jun 2020, 6:18 am
Essentially, this requires that the premises used by residents and visitors be kept in a safe condition and not expose anyone to danger unnecessarily. [read post]
5 Jun 2020, 11:16 am
The onus is on the operators of gatherings to determine maximum occupancy of each indoor and outdoor area and maintain at least six feet physical distance between parties, and adhere to various cleaning and sanitation requirements, which are available here. [read post]
5 Jun 2020, 6:00 am
" And just what is "resident premises? [read post]
5 Jun 2020, 4:20 am
Whilst an external ATM is available to a wider market at all times, it is no less part of the retailer’s premises. [read post]
5 Jun 2020, 2:00 am
You should follow the recommendations to prevent the spread of the virus to employees, vendors, customers, and other individuals who may enter your premises. [read post]