Legal Alerts & Webinars
In response to the COVID-19 crisis, we have developed a Coronavirus Business Resource Center to help keep our clients and the broader business community informed on key issues that may affect business operations. The Center includes up-to-date COVID-19 information you need to know to run your business, including Legal Alerts and Webinars covering various areas of law; N.C. county and city 'Stay at Home' orders; Government Agency resources; and Federal Legislation.
Legal Alerts are a service to clients and friends and do not constitute legal advice. To receive the latest information quickly, join our mailing lists or manage your subscriptions from our alert sign up page.
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CREDIT & FINANCE
Businesses should be armed with knowledge about the various government lending and support programs available to them that have recently been implemented to guide the U.S. economy and businesses through the COVID-19 pandemic. More detailed information on the programs can be found in the Alerts and information presented below.
- Federal Reserve Modifies Main Street Lending Program to Attract More Businesses (6.16.2020)
- This Alert provides an overview of the Main Street Lending Program as recently expanded by the Federal Reserve Board
- What The Paycheck Protection Program Flexibility Act of 2020 Means for Your Business (6.10.2020)
- Outlines how the new law signed on June 5, 2020, amends the Paycheck Protection Program in several important ways
- SBA and Treasury Issue Additional Guidance on the Paycheck Protection Program (5.29.2020)
- Overview of two Interim Final Rules, one clarifying forgiveness eligibility and a second on SBA loan review procedures
- Federal Reserve Announces Details of New Main Street Lending Program (4.11.2020)
- Regulatory or interpretive guidance from the Federal Reserve and U.S. Treasury Department is anticipated over the coming weeks, but this Alert provides an overview of the Program as it is currently constituted
- WEBINAR: Financial Guidance for Physicians and Practices Amid Pandemic (4.6.2020)
- Finance attorney Peter Bosman and health care attorney Robert Shaw review the menu of financial options provided thus far by the federal government and offer strategic considerations on various programs - hosted by NC Medical Society
- SBA and Treasury Issue Guidance on the Paycheck Protection Program (4.4.2020)
- Updates about the $349 billion PPP relief package under the CARES Act, specifically including guidance from the Treasury Department, information about the Interim and Affiliation Final Rules, as well as responses to various client questions
- Paycheck Protection Program for Small Businesses (4.1.2020)
- The PPP is a key piece of the $349 billion relief package CARES Act and this Alert summarizes principal terms of the Program
- New Lending Programs Announced by Federal Reserve to Support Economic Slowdown (3.30.2020)
- A summary of the new aid measures put in place by the Federal Reserve intended to support the U.S. economy during the financial crisis caused by COVID-19
- The CARES Act: $2.0 Trillion for COVID-19 Related Stimulus and Relief (3.27.2020)
- Summary of key provisions contained in the CARES Act
- Emergency Loan Program for Small Businesses and Non-Profits (3.23.2020)
- Congress has classified COVID-19 as a “disaster” for the purposes of certain loan programs available to small businesses and non-profits. This Alert covers rules and provisions through the U.S. Small Business Administration to offer Economic Injury Disaster Loans.
EMPLOYMENT & EMPLOYEE BENEFITS
As the COVID-19 pandemic continues to unfold, new governmental guidance is consistently being issued for employers to follow. The Alerts and webinars provided below feature updated information essential to understanding the changing workplace rules and laws.
- Update: Nationwide Preliminary Injunction Bars Enforcement of Vaccine Mandate for Federal Government Contractors (Updated 12.09.2021)
- On December 7, 2021, a federal court for the Southern District of Georgia entered an injunction "with nationwide applicability" enjoining the enforcement of the federal contractor vaccine mandate. The Court determined on a preliminary basis that the Executive Order exceeded the power delegated by Congress to the President to administer federal procurement.
- Preparing for OSHA’s COVID-19 Vaccine or Testing ETS for Large Employers (11.09.2021)
- OSHA’s COVID-19 vaccine or testing mandate for large employers will cover 84 million workers across the country, and there is a lot to unpack. Don’t get caught off guard: Check out our latest comprehensive and easy-to-understand client alert on what employers and employees need to know.
- OSHA Issues Vaccine Mandate (11.05.2021)
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New rules regarding the federal government’s workplace vaccine mandate are out. Find out more about employee vaccinations and weekly COVID-19 testing for non-vaccinated employees in this client alert.
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WEBINAR: Making Sense of COVID-19 Vaccine Mandates (11.02.2021)
- Federal government contractors, subcontractors, suppliers and employers must prepare to comply with COVID-19 vaccine mandates recently issued by the President and various federal agencies.
- New Guidance for Employers on COVID-19 Vaccine Coverage and Incentives (10.13.2021)
- This alert address group health plan coverage for vaccines and incentives under group plans and wellness programs.
- Workforce COVID Vaccination and Testing: The Biden Administration Puts the Burden on Employers (09.15.2021)
- On September 9, 2021, President Biden announced several new workplace initiatives as updates to his COVID-19 plan that will impose new obligations on larger employers and federal contractors.
- "MASKS OFF" - Now What For Employers? (5.18.2021)
- This Alert explains the changes in CDC guidance and offers employers solutions to challenging decisions.
- FFRCA Leave Includes Childcare Responsibilities Due to Summer Camp Closures (6.30.2020)
- This Alert discusses the guidance issued by the US Department of Labor - Wage and Hour Division regarding when an employee may take leave under the Family First Coronavirus Act.
- WEBINAR: Reopening Safely Under OSHA (5.28.2020)
- OSHA and Workplace Safety attorney Steve Parascandola offered guidance on applicable OSHA requirements to consider when reopening businesses as well as insights and practical tips regarding best practices, dealing with employee complaints, reporting and record keeping and multi-employer workplaces
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EEOC Delays Required Filing of EEO-1 Reports (5.8.2020)
- Overview of the EEOC decision to delay EEO-1 Report filing due to the COVID-19 pandemic
- N.C. Employers May Provide Support Payments to Workers Without Affecting Unemployment Benefits (4.24.2020)
- An Executive Order by Governor Cooper’s authorizes North Carolina employers to provide COVID-19 support payments to temporarily furloughed employees without affecting those employees' unemployment insurance benefits. This Alert provides details about what the Order means for businesses
- Recording and Reporting COVID-19 Cases – OSHA Guidance Updates (4.17.2020)
- Understanding how COVID-19 fits within OSHA’s record-keeping obligations
- NC Employers Must Give Separated Workers Notice of Unemployment Eligibility (4.14.2020)
- Employers are now required to give notice of unemployment eligibility to workers separated from employment as a result of COVID-19-related reductions. Employers need to issue a notice containing the information outlined in this Alert to those employees
- WEBINAR: COVID-19 Legal Webinar Series (4.7.2020)
- Employment lawyers Travis Hockaday and Rosemary Kenyon discuss COVID-19-related legal topics with a focus on recent changes impacting employers—hosted by North Carolina Bar Association
- Reducing or Suspending Employer Contributions to 401(k) Plans Mid-Year (3.27.2020)
- Whether and when in the year such changes can take effect and the steps necessary to make those changes
- Mandatory Employee Notice Poster for Families First Coronavirus Response Act (3.27.2020)
- The USDOL updates its guidance and releases a mandated poster for employers to display or provide to employees to inform them of their rights under the Act
- OSHA Points Employers to Interim CDC Guidance on Worker Safety (3.27.2020)
- Valuable input for employers to consider in evaluating how best to protect their workers and to comply with their OSHA obligations
- Tax Provisions of the Families First Coronavirus Response Act (3.24.2020)
- Summarizes tax credit provisions the Act allows for employers to recover
- Temporary Rule: Paid Leave Under the Families First Coronavirus Response Act (3.27.2020)
- Information about the benefits, protections and relief offered by the Emergency Paid Sick Leave Act and Emergency Family and Medical Leave Expansion Act portions of the Families First Coronavirus Response Act. Contains fact sheets, questions and answers, and posters
- Congress Passes Emergency Legislation that Directly Affects Employers and Employees; Governor Expands Eligibility for Unemployment Benefits (3.19.2020)
- The legislation affects the following separate sections: Emergency Family and Medical Leave Expansion Act; Emergency Unemployment Insurance Stabilization and Access Act; Emergency Paid Sick Leave Act; Health Provisions (including requirements for group health plans); Tax Credits for Paid Sick and Paid Family Leave
- Governor Cooper Issues Stay at Home Guidance to North Carolina Employers (3.10.2020)
- To help minimize the spread of COVID-19, Governor Cooper and the NC Department of Health and Human Services declared a state of emergency and provided related guidance
- Employment Laws That Impact Decisions on Health in the Workplace (3.9.2020)
- Guidance and strategies to help employers navigate employment laws to effectively respond to COVID-19 related issues
GOVERNMENT
Government contractors have financial aid and special contractual protections available to them through COVID-19 relief packages. The Alerts below provide more information about those options.
- Update: Nationwide Preliminary Injunction Bars Enforcement of Vaccine Mandate for Federal Government Contractors (Updated 12.09.2021)
- On December 7, 2021, a federal court for the Southern District of Georgia entered an injunction "with nationwide applicability" enjoining the enforcement of the federal contractor vaccine mandate. The Court determined on a preliminary basis that the Executive Order exceeded the power delegated by Congress to the President to administer federal procurement.
- OSHA Issues Vaccine Mandate (11.05.2021)
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New rules regarding the federal government’s workplace vaccine mandate are out. Find out more about employee vaccinations and weekly COVID-19 testing for non-vaccinated employees in this client alert.
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WEBINAR: Making Sense of COVID-19 Vaccine Mandates (11.02.2021)
- Federal government contractors, subcontractors, suppliers and employers must prepare to comply with COVID-19 vaccine mandates recently issued by the President and various federal agencies.
- Federal Contractors May Seek Reimbursement for Paid Leave Under Section 3610 of the CARES Act (4.21.2020)
- Government contractors may be reimbursed for the costs of paid leave where employees could not work due to impacts of the COVID-19 crisis
- Federal Government Contractors Urged to Evaluate Their Contractual Rights (4.16.2020)
- Certain Federal Acquisition Regulations clauses can protect government contractors with hardships and challenges they are facing caused by COVID-19
- Stay at Home—Managing the Cacophony of Government Orders Affecting Businesses and the State’s Economy (3.25.2020)
- Each level of state, county and municipal authority is able to create its own directives prohibiting and requiring certain commercial conduct. This Alert encourages businesses to take a proactive approach in engaging with governmental authorities to active positive outcomes for businesses and the State’s public welfare
HEALTH CARE
The Alerts below cover some of the most significant challenges health care providers are facing in the COVID-19 environment including: financing in the midst of declining receivables, telehealth options, professional liability implications and preserving health records access during temporary closings.
- OSHA Issues Vaccine Mandate (11.05.2021)
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New rules regarding the federal government’s workplace vaccine mandate are out. Find out more about employee vaccinations and weekly COVID-19 testing for non-vaccinated employees in this client alert.
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WEBINAR: Making Sense of COVID-19 Vaccine Mandates (11.02.2021)
- Federal government contractors, subcontractors, suppliers and employers must prepare to comply with COVID-19 vaccine mandates recently issued by the President and various federal agencies.
- New Legislation Expands Immunity Protections From COVID-19 Liability Claims (6.24.2020)
- This Alert explains the significant impact House Bill 118 will have on the state
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Health Care System and Essential Businesses Granted Immunity From COVID-19 Claims (5.4.2020)
- Highlight of protections the legislation put in place for those who are providing health care and essential goods and services during the pandemic
- WEBINAR: Financial Resources in CARES Act and Physician Practice Support (4.7.2020)
- Health care attorney Shawn Parker walks through components of the legislation—a series in partnership with Community Care of NC, Community Care Physician Network, NC Area Health Education Centers, NC Academy of Family Physicians, NC Pediatric Society and NC Psychiatric Association
- WEBINAR: Financial Guidance for Practices Amid Pandemic (4.6.2020)
- Health care attorney Robert Shaw and finance attorney Peter Bosman review the menu of financial options provided thus far by the federal government and offer strategic considerations on the various programs - hosted by NC Medical Society
- The CARES Act: $2.0 Trillion for COVID-19 Related Stimulus and Relief (3.27.2020)
- Summary of key provisions contained in the Act, which will inject up to $2 trillion into the US economy
- Telehealth Availability and Access to Health Records Increase (3.26.2020)
- Guidance for health care providers on which telehealth provisions have been relaxed and how federal and state law interacts in this area
LITIGATION
- WEBINAR: COVID-19 Civil Immunity Protections for Businesses (7.9.2020)
- Litigation lawyer Chris Smith discusses House Bill 118, the scope of the immunity protection, who is entitled to it and when, and the requirement that businesses explain what protective measures they are taking to guard against transmission of the virus
- New Legislation Expands Immunity Protections From COVID-19 Liability Claims (6.24.2020)
- Explains the significant impact House Bill 118 will have on the state
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Health Care System and Essential Businesses Granted Immunity From COVID-19 Claims (5.4.2020)
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Highlight of protections the legislation put in place for those who are providing health care and essential goods and services during the pandemic
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- Contracts and COVID-19 (3.18.20)
- Under an existing contract, the doctrines of force majeure, impracticability, or frustration of purpose should be considered. A force majeure clause may provide one or both parties with relief when extraordinary events delay or prevent performance of a party
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Real Estate, Construction and Supply Contracts (3.17.2020)
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Force majeure clauses and steps you can proactively take to protect yourself
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PUBLIC COMPANIES & CORPORATE GOVERNANCE
In the Alerts below, we have provided information for public companies about annual meeting considerations; ongoing disclosure considerations; and requirements imposed by the CARES Act related to receipt of financial assistance and takeover defense related to shareholder rights (poison pills).
- 2020 Amendments to the Delaware General Corporation Law (8.18.2020)
- The Delaware General Assembly adopted a number of important amendments to the Delaware General Corporation Law (DGCL) that were signed into law by the Governor on July 16, 2020. Our latest alert discusses these amendments and provides key considerations for boards of directors of Delaware corporations
- Updated Guidance and Relief Extensions: Public Company Considerations as COVID-19 Continues (7.24.2020)
- This Alert updates and supplements our prior Alerts, describes recently issued guidance and regulatory extensions and provides practical takeaways for public companies
- New York Stock Exchange and Nasdaq Relax Certain Continued Listing Requirements (4.29.2020, as updated on 5.14.2020)
- Summary of each of the Nasdaq and NYSE rules that are temporarily suspended, the time period for such suspension, and key takeaways for listed companies
- Quarterly Reporting During a Pandemic: Form 10-Q and Earnings Release Disclosure Considerations (4.24.2020)
- Recommendations related to recently issued SEC Staff guidance on what public companies should consider as part of their first quarter disclosures
- Glass Lewis and ISS Provide Guidance (4.17.2020)
- Key takeaways for public companies and their officers and directors and a summary of guidance provided by Glass Lewis and Institutional Shareholder Services in the following areas: annual meetings of shareholders, poison pills, board attendance and changes to board composition, compensation and capital structure and payouts
- SEC Provides Limited Relief From Proxy Material Mailing Requirements (4.15.2020)
- The SEC's updated guidance to allow shareholders to receive material information about matters to be presented at shareholders’ meetings in a timely manner to enable informed voting decisions
- Delaware Provides Emergency Relief From Requirements for Meetings of Stockholders (4.8.2020)
- State of Delaware Governor made annual meeting compliance obligations simpler for publicly traded Delaware corporations
- Poison Pills in Response to Pandemic (4.7.2020)
- Public companies should consider whether their existing corporate governance structures enable them to protect long-term shareholder interests from potential hostile acquirers
- Governor Cooper Temporarily Authorizes Virtual-Only Meetings of Shareholders (4.3.2020)
- Governor Cooper passes an Executive Order permitting North Carolina corporations to conduct entirely virtual annual meetings
- How Regulators and Issuers Are Responding to a Pandemic (4.1.2020)
- Overview of these responses to assist public companies and their officers and directors in navigating the numerous disclosure, fiduciary and other corporate issues they are facing
- Annual Meetings and Disclosure Issues (3.17.2020)
- Conducting annual meetings in a world without meetings, ongoing disclosure considerations and risk management issues
REAL ESTATE & CONSTRUCTION
COVID-19 topics for construction and real estate businesses, such as keeping workforces and tenant populations safe, CDC interim guidance for businesses, OSHA guidance and force majeure clauses in contracts are covered in the Alerts below.
- Update: Nationwide Preliminary Injunction Bars Enforcement of Vaccine Mandate for Federal Government Contractors (Updated 12.09.2021)
- On December 7, 2021, a federal court for the Southern District of Georgia entered an injunction "with nationwide applicability" enjoining the enforcement of the federal contractor vaccine mandate. The Court determined on a preliminary basis that the Executive Order exceeded the power delegated by Congress to the President to administer federal procurement.
- WEBINAR: Reopening Safely Under OSHA (5.28.2020)
- OSHA and Workplace Safety attorney Steve Parascandola offered guidance on applicable OSHA requirements to consider when reopening businesses as well as insights and practical tips regarding best practices, dealing with employee complaints, reporting and record keeping and multi-employer workplaces
- The Pause Is Over….OSHA Issues New Guidance for Construction and Steps Up Enforcement (6.4.2020)
- OSHA ramps-up enforcement. This Alert also provides an overview of the guidance already issued by OSHA and the CDC to help employers operate safely during this time
- Construction Companies Rethinking Safe Work Environments (4.23.2020)
- Guidance for construction employers on keeping workers safe during the pandemic
- Recording and Reporting COVID-19 Cases – OSHA Guidance Updates (4.17.2020)
- Understanding how COVID-19 fits within OSHA’s record keeping obligations
- Implications of the CARES Act for Landlords and Residential Tenants (4.14.2020)
- Landlord efforts to evict tenants or to take other actions are prohibited temporarily by order of the CARES Act. Tenants who do not pay rent may still face financial and legal liabilities after the moratorium period ends. What can landlords do during this period?
- Landlords & Property Managers - Developing Best Practices During COVID-19 (4.1.2020)
- Education and planning are critical in keeping tenants safe and building operations functioning
- OSHA Points Employers to Interim CDC Guidance on Worker Safety (3.27.2020)
- Valuable input for employers to consider in evaluating how best to protect their workers and to comply with their OSHA obligations
- Real Estate, Construction and Supply Contracts (3.17.2020)
- Force majeure clauses and steps you can proactively take to protect yourself
TAX
As governmental agencies have responded to the COVID-19 crisis by passing special legislation and financial aid measures designed to help businesses through the pandemic, it has also caused changes to tax provisions. The Alerts and information below provide information about these tax modifications.
- North Carolina General Assembly Begins Tax Response to COVID-19 (4.30.2020)
- Overview of the most important tax provisions included in Senate Bill 704, the COVID-19 Recovery Act, and its House companion bill, H1039, the COVID-19 Response Act – Economic Support
- WEBINAR: Overview of CARES Act Tax Relief for Businesses (4.8.2020)
- Tax lawyer Bill Nelson discusses tax relief available for businesses through the CARES Act, including Employee Retention Credits, Payroll Tax Deferral, NOLs, Excess Business Losses, Business Interest Expense, AMT Credit, Qualified Improvement Property and more - hosted by NC Chamber
- Tax Provisions in the CARES Act (3.27.2020)
- A summary of the most significant business and individual tax provisions of the Act
- Tax Provisions of the Families First Coronavirus Response Act (3.24.2020)
- Summarizes tax credit provisions the Act allows for employers to recover such as refundable Social Security tax credits and similar income tax credits for self-employed individuals
NC 'Stay at Home' Orders
NC 'Stay at Home' Orders
Governor Cooper issues statewide Stay at Home Order. Prior to the Governor's statewide order, North Carolina county and municipal authorities have taken additional local action and issued their own mandates with the force of law. To ensure you are complying with the law and to help manage the discord of multiple government orders, the new restrictions enacted under each county and city is broken down below:
- NC to Remain in Phase 2 and Now Requires Face Coverings per New Executive Order 147 (June 24, 2020)
- Executive Order 147 requires citizens to wear face coverings in public places, whether indoors or outdoors and where physical distancing of six feet is not possible
- Certain businesses required to have employees and customers wear face coverings. Businesses include: retail businesses, restaurants, personal care and grooming establishments, child care centers and camps, state government agencies under the Governor’s Cabinet, manufacturing and constructions sites, health care and long-term care settings, and others
- Takes effect Friday, June 26 at 5 p.m. and will remain in effect until Friday, July 17 at 5 p.m.
- Department of Health and Human Services (DHHS) Secretary Cohen's presentation showing the state’s current trends that informed Governor’s decision
- Frequently Asked Questions
- More details available in Governor's press release
- NC Moves to Phase 2 Lifting Certain COVID-19 Restrictions (May 22, 2020)
- Executive Order 141 moves NC to phase 2 on May 22 at 5 p.m. and will remain in effect until Friday, June 26 at 5 p.m.
- Restaurants, personal care businesses and pools can reopen at 50% capacity
- Other businesses such as bars, night clubs, gyms and entertainment venues remain closed
- Mass gatherings limited to no more than 10 people indoors or 25 people outdoors
- Teleworking continues to be encouraged for businesses
- More details available in Governor's press release
- North Carolina 'Stay at Home' Order (March 27, 2020)
- Statewide Stay at Home Order: requires citizens to stay at home except for “essential activities,” which is defined in the Order
- The definition of what constitutes an “essential business” is broad and includes not only those businesses identified by the federal government as critical in its recent CISA Memorandum, but also a wide range of additional businesses (including construction, research laboratories, professional services, etc)
- Businesses that maintain social distancing may also continue to operate
- A business that is not included in the list of “essential businesses” may apply to the Department of Revenue and request to be deemed essential
- The Order specifically does not preempt the Stay at Home orders of local governments, and if there is a conflict between the local and state orders, the most restrictive requirements will control
- Takes effect Monday, March 30 at 5 p.m. and lasts until April 29, 2020
- Frequently Asked Questions
- Town of Beaufort Order (March 27, 2020)
- Essential Businesses and Operations permitted to stay open and are defined in this Order. Businesses that operate primarily outdoors may operate as though they were an Essential Service
- Provided they comply with Social Distancing Requirements, any business may have staff present to perform Minimum Basic Operations as defined by this order
- Takes effect on March 31 at 5 p.m. until April 29, 2020 or until it is extended, rescinded, superseded or amended
- Buncombe County Order
- “Stay Home, Stay Safe Supplemental Declaration” to an existing local state of emergency went into effect at 8 p.m. Thursday, March 26, 2020
- Cabarrus County Order
- Stay-at-home proclamation went into effect at 5 p.m. Thursday, March 26, 2020
- Village of Clemmons Order (March 25, 2020)
- Essential Businesses and Operations are permitted to stay open and are defined in this Order. Businesses that operate primarily outdoors may operate as though they were an Essential Service
- Provided they comply with Social Distancing Requirements, any business may have staff present to perform Minimum Basic Operations as defined by this order
- Takes effect on March 27 at 5:00 p.m. and shall remain in effect until April 16, 2020 at 5:00 p.m. or until modified or rescinded
- Dare County Order (March 17, 2020)
- Mass gatherings of more than fifty people are prohibited, with exceptions for normal operations at airports, bus and train stations, medical facilities, libraries, shopping malls and centers, office environments, restaurants, factories, grocery stores or other retail establishments
- Takes effect on March 17 and remains in effect until modified or rescinded
- Durham County Issues 'Stay at Home' Order (March 28, 2020)
- Largely an extension of the City of Durham's Order
- Takes effect at 5 p.m. on Sunday, March 29 until April 30, 2020
- City of Durham Issues “Stay at Home” Order (March 25, 2020)
- Order requires all residents to remain in their homes, but allows exceptions such as seeking medical treatment, buying food or exercising outdoors. Essential businesses and operations can remain open, such as hospitals and medical clinics, grocery stores, financial and insurance institutions, hotels and those providing funeral services
- Businesses are allowed to keep minimum staff on the premises as necessary for payroll and inventory
- Takes effect on Wednesday, March 25 at 6 p.m. and remains in effect through Thursday, April 30
- Eastern Band of Cherokee Indians Order (March 21, 2020)
- Effective March 21, the EBCI will suspend all tribal operations and close all tribal offices except for employees who are required to work to maintain critical services of the ECBI Any critical employee required to work during this time will be paid double-time for the hours they are required to work. All other employees will be compensated at their regular rate of pay
- All non-essential businesses must close no later than March 23
- Takes effect on March 23 and remains in effect until further notice
- Forsyth County Amended Order (March 27, 2020)
- Largely an extension of the City of Winston-Salem Amended Declaration of a State of Emergency “Stay-at-Home Order” of March 25
- Takes effect on March 27 and remains valid through April 16, 2020 at 12:01 a.m.
- Gaston County Order (March 27, 2020)
- Restricts movement of all individuals living within Gaston County to stay at their place of residence except that they may leave to provide or receive certain essential services or engage in certain essential activities and work for essential businesses and governmental services such as tasks essential to health and safety; obtaining necessary services or supplies; engaging in outdoor activity provided the individuals comply with social distancing requirements; engaging in certain types of work; or to take care of others
- All public gatherings of more than 10 people are prohibited
- Takes effect on March 27 at 5 p.m. and remains in effect through April 16, 2020
- City of Greenville Order (March 25, 2020)
- Residents must shelter at their places of residence unless they need to leave for an essential activity such as tasks essential to health and safety; obtaining necessary services or supplies; engaging in outdoor activity provided the individuals comply with social distancing requirements; engaging in certain types of work; or to take care of others
- All public gatherings of more than 10 people are prohibited
- Takes effect on March 26 at 5 p.m. and remains in effect through April 10, 2020 at 5 p.m.
- Guilford County Issues New Proclamation of Emergency Restrictions (March 25, 2020)
- New restrictions enacted: Prohibits gatherings of more than 10 people but excludes operations and businesses such as health care operations, grocery stores, banks and hotels. Professional services, such as legal and accounting services, are also excluded when necessary to assist in compliance with legally mandated activities. Bans the use of public and privately-owned playgrounds
- Takes effect on Wednesday, March 25 at 5 p.m.
- Guilford County and Cities of Greensboro and High Point Issue “Stay at Home” Order (March 25, 2020)
- Order requires all residents to stay at home and refrain from normal day-to-day activities
- All non-essential business is required to cease. Essential businesses and operations include health care and first responders, grocery stores and pharmacies, financial institutions, critical trade occupations as well as manufacturing, distribution and supply chain
- Takes effect on Friday, March 27 at 5 p.m. and remains in effect until Thursday, April 16
- Haywood County Revised Order (March 26, 2020)
- All individuals currently living within Haywood County and the named Towns are restricted to shelter at their places of residence. All Essential Businesses are strongly encouraged to remain open, and to the greatest extent feasible, Essential Businesses shall comply with Social Distancing requirements as defined by CDC
- Takes effect on March 26 at 5:00 p.m.
- Henderson County Order (March 27, 2020)
- Essential Businesses and Operations permitted to stay open and are defined in this Order. Businesses that operate primarily outdoors may operate as though they were an Essential Service
- Provided they comply with Social Distancing Requirements, any business may have staff present to perform Minimum Basic Operations as defined by this order
- All public and private gatherings of more than ten people are prohibited
- Takes effect on March 28 at 12:00 p.m.
- Town of Kernersville Order (March 26, 2020)
- Adopts the declaration requirements made by Forsyth County
- Takes effect March 26 at 11:00 p.m.
- City of Lexington Order (March 27, 2020)
- In anticipation of the county wide/statewide declaration, the City of Lexington endorses Stay-At-Home directives and recommendations as suggested by the CDC, NCDHHS and neighboring communities
- A public safety curfew is to be imposed within the City of Lexington daily from 9 a.m. until 5 p.m. beginning March 28 through April 18, 2020 at 12:00 a.m. During such curfew, all persons except for those who are expressly exempt shall not be or travel upon any public street, alley or roadway or upon public property, unless in search of medical assistance, food or other commodity or service necessary to sustain the wellbeing of him/herself or his/her family
- Madison County Order (March 27, 2020)
- All persons may leave their residences only for Essential Activities, or to provide or perform Essential Governmental Functions, or to operate Essential Businesses
- Takes effect on Friday, March 27 at 6 p.m. and remains in effect until Friday, April 10
- Mecklenburg County Issues “Stay at Home” Order (March 24, 2020)
- New restrictions enacted: Prohibits public and private gatherings of more than 10 people but allows businesses deemed essential to remain open. Essential businesses include groceries, banks, hotels, funeral homes, day cares, restaurants among others
- Order begins Thursday, March 26 at 8 a.m. and lasts through April 16, 2020
- New Hanover County Issues “Stay at Home” Order (March 30, 2020)
- More restrictive than the state order
- Closes retail, hotels and restaurants that customers have to enter
- Order takes effect on Monday, March 30th and lasts for 14 days
- Orange County Order
- Stay-at-home order goes into effect on Friday, March 27, 2020 until April 30, 2020
- Pitt County Order (March 23, 2020)
- Essential Businesses and Operations permitted to stay open and are defined in this Order. Businesses that operate primarily outdoors may operate as though they were an Essential Service
- All public gatherings of more than 10 people are prohibited
- Takes effect on March 25 at 5 p.m.
- Rutherford County Order (March 27, 2020)
- Essential Businesses and Operations permitted to stay open and are defined in this Order
- Takes effect March 28 at 6 a.m. through April 17 at 6 a.m.
- County of Swain Order (March 27, 2020)
- Essential Businesses and Operations permitted to stay open and are defined in this Order. Businesses that operate primarily outdoors may operate as though they were an Essential Service
- All public gatherings of more than 10 people are prohibited.
- Takes effect on March 27 at 8:00 p.m.
- Wake County Extends Stay at Home Order with Revised Restrictions (April 16, 2020)
- Extends its existing Proclamation of Emergency Restrictions until April 30th, but includes a few new modifications
- All businesses (including those not exempted by original Proclamation) will be allowed to conduct online and telephonic sales with delivery or curbside pickup so long as certain condition are met, including wearing of cloth face masks by employees who are unable to remain six feet from others and basic health screenings at the beginning of every shift
- Funeral services may be held if attendance is limited to 25 people and social distancing requirements are followed
- Faith institutions are permitted to hold drive-in services with certain restrictions
- Order takes effect on April 16 at 5pm and will remain in effect until April 30
- Wake County Issues 'Stay at Home' Order (March 26, 2020)
- New restrictions enacted: movement and travel restricted except for essential activities needed for the support, health, safety and welfare of Wake County residents
- Individuals may leave their home to perform work/services in “essential infrastructure” as identified by the Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency (CISA) and “Essential Governmental Functions” as well as other businesses as outlined in the order
- Prohibits gatherings of any number of people occurring outside a single household
- Takes effect on Friday, March 27 at 5 p.m. until April 17, 2020
- Wake County Issues New Proclamation of Emergency Restrictions (March 22, 2020)
- New restrictions enacted: Some types of businesses to close, prohibit gatherings of 50 or more people, change visitation practices at nursing homes and restrict the use of playground equipment at local parks
- City of Winston-Salem Issues “Stay at Home” Order (March 25, 2020)
- Prohibits gatherings of more than 10 people and requires all residents to remain at home except for those who conduct essential activities, essential governmental functions and operate essential businesses
- Lists 26 categories of essential businesses and services, including professional services, pharmacies, financial institutions and supply-chain and delivery businesses
- New requirements for nursing homes, long-term care facilities and assisted living facilities relating to staff and visitors are included
- Takes effect on Friday, March 27 at 5 p.m. and remains in effect until Thursday, April 16
Federal Agency Resources
Federal Agency Resources
State and federal governmental agencies have resources available that can assist your business during this challenging time. For your convenience, we've gathered information in one central place from N.C. State Agencies, U.S. Government Agencies and Federal Legislation on protecting yourself, your business and others in your community.
Federal Legislation
H.R. 748--Coronavirus Aid, Relief, and Economic Security Act (CARES Act)
- Status: Signed into law by the President on March 27, 2020
- Injects $2 trillion in the US economy through:
- Small business assistance through the Paycheck Protection Program;
- $500 billion for business loans: small, medium-sized and specific industry loans;
- $100 billion to health care providers for health care related expenses or lost revenues as a result of COVID-19;
- Increases Medicare reimbursements and attempts to address the medical supply shortage;
- Increases unemployment benefits by $600 per week for a time certain and expands eligibility for certain workers;
- Establishes a tax credit for employee retention where employer was subject to close due to COVID-19;
- Provides relief for a number of retirement and benefit plan offerings;
- Establishes multiple temporary tax provisions to provide liquidity for businesses, including certain tax credits and delayed certain tax payments.
- Smith Anderson Alert:
H.R. 6074--Coronavirus Preparedness and Response Supplemental Appropriations Act
- Status: Signed into law by the President on March 6, 2020
- $3 billion for research and development of vaccines, with more than $800 million for research for treatments;
- $2 billion slated for the Centers for Disease Control and Prevention (CDC) and $61 million for the Food and Drug Administration (FDA);
- $1 billion for state and local public health efforts, including community health centers and state and local governments;
- $500 million to allow for Medicare providers to administer telehealth services; funding for the Small Business Administration (SBA) to administer loans to affected small businesses.
H.R. 6201--Families First Coronavirus Response Act
- Status: Signed into law by the President on March 18, 2020
- $104 billion in funding and includes:
- Paid emergency sick and family leave for those infected by the virus or caring for a family member who contracts the illness;
- Free diagnostic testing for anyone whose doctors says a test is needed;
- $1 billion in expanded unemployment benefits;
- $1.25 billion for emergency food assistance.
- Occupational Safety and Health Administration to issue an emergency temporary standard that requires certain employers to develop and implement a comprehensive infectious disease exposure control plan to protect health care workers.
- Smith Anderson Alerts:
Economic Stimulus Package (Coming Soon!)
- Status:
U.S. Government Agencies
Centers for Disease Control and Prevention (CDC)
→ Community Resources
- Business Response Guidance
- Travel
- Schools & Childcare
- Community & Faith-Based Organizations
- Cases in the U.S.
→ For Healthcare Professionals
- Healthcare Professionals
- Healthcare Facilities
- Health Departments
- Laboratories
- CDC Communication Resources (COVID-19)
- Free resources including video, fact sheets, and posters for use and distribution
- Prepare to Care for COVID-19
- Clinicians can use to care for patients with COVID-19, with regular updates
Centers for Medicare and Medicaid (CMS)
- CMS Issues Temporary Regulatory Waivers & New Rules (March 30, 2020)
- Regulatory flexibilities to help providers contain spread of COVID-19
- Waivers are in effect, with a retroactive effective date of March 1, 2020, through the end of emergency declaration
- CMS Approves 1135 Waiver (March 23, 2020)
- CMS waiver flexibility addresses provider enrollment; provision of services in alternative settings; suspension of PASRR Assessments for 30 days; delay of fair hearings; suspension of prior authorization
- Guidance for Medicare Recipients
- Guidance for Medicare Providers
- COVID-19 Additional Guidance
- Press Releases; clinical & technical guidance; billing and coding guidance; coverage guidance; Medicaid & CHIP guidance
- Blanket waivers for COVID-19: Emergency Declaration Health Care Providers Fact Sheet, March 13, 2020
- CMS Press Release: CMS Takes Action Nationwide to Aggressively Respond to Coronavirus National Emergency, March 13, 2020
- Public Health Emergency Declaration, January 31, 2020, effective January 27, 2020
- COVID-19 Additional Guidance
Cybersecurity and Infrastructure Security Agency (CISA)
- Essential Critical Infrastructure Workers Guidance (March 16, 2020)
- Risk Management for Novel Coronavirus
- Resource for executives to address physical, supply chain, and cybersecurity issues that may arise from COVID-19
- Enterprise VPN Security Alert (AA20-073A)
- Telework Guidance
- COVID-19 Cyber Alert, March 6, 2020
Department of Agriculture
- Food Safety
- Access to Food
- Pet Safety
- Trade and Foreign Agricultural Affairs
- USDA Loans
- USDA Service Centers
Department of Health and Human Services
- Waiver of Section 1135 of the Social Security Act
- COVID-19 PREP Act Declaration
- Limited Waiver of HIPAA Sanctions & Penalties
Department of Labor
→ Wages, Hours and Leave
Families First Coronavirus Response Act: Expanded FMLA Leave and Paid Sick Leave (FFCRA)
- Includes the effects on wages and hours under Fair Labor Standards Act, job-protected leave under FMLA, and paid sick leave and expanded family and medical leave under the Act
- Fact Sheets: View employee paid leave rights and employer requirements
- Questions and Answers
- Families First Coronavirus Response Act
- Fair Labor Standards Act
- Family and Medical Leave Act
- Posters
- Employee Rights: Paid Sick Leave and Expanded Family and Medical Leave under FFCRA
- Federal Employee Rights: Paid Sick Leave and Expanded Family and Medical Leave under FFCRA
- Families First Coronavirus Response Act Notice – Frequently Asked Questions under FFCRA
- Field Assistance Bulletin 2020-1:Temporary Non-Enforcement Period Applicable to FFCRA
→ Workplace Safety
OSHA Guidance on Preparing Workplaces for COVID-19
- Developed in collaboration with the US Department of Health and Human Services to help employers respond in the event of coronavirus in the workplace
Temporary OSHA Guidance on Respiratory Protection Standard
- Suggestions and options to help increase the availability of N95 filtering facepiece respirators for healthcare providers
→ Federal Contractors
National Interest Exemption to facilitate response efforts for COVID-19 (issued by the Office of Federal Contract Compliance Programs)
Department of the Treasury
- Treasury and IRS Issue Guidance on Deferring Tax Payments Due to COVID-19 Outbreak
- Statement from Secretary Mnuchin on the Establishment of a Primary Dealer Credit Facility
Equal Employment Opportunity Commission
- Pandemic Preparedness in the Workplace and the Americans with Disabilities Act
- Updated with examples and information regarding COVID-19, March 19, 2020
-
What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws
Export-Import Bank of the United States
- Press Release: EXIM Extends Assistance to US Customers and Lenders Amid COVID-19 Outbreak, March 12, 2020
Federal Aviation Administration
- FAA: Novel Coronavirus Update
- Travel Advisory & Processes
Food and Drug Administration (FDA)
- FDA Guidance on Conduct of Clinical Trials of Medical Products during COVID-19 Pandemic
- Final Guidance for Industry, Investigators, and Institutional Review Boards, March 18, 2020
- Temporary Policy Regarding Preventive Controls and FSVP Food Supplier Verification Onsite Audit Requirements During the COVID-19 Public Health Emergency
- Final Guidance for Industry, March 17, 2020
- Policy for Diagnostic Tests for Coronavirus Disease-2019 during the Public Health Emergency
- Immediately in Effect Guidance for Clinical Laboratories, Commercial Manufacturers, and FDA Staff, March 16, 2020
- Policy for Temporary Compounding of Certain Alcohol-Based Hand Sanitizer Products During the Public Health Emergency
- Immediately in Effect Guidance for Industry, March 14, 2020
Internal Revenue Service (IRS)
- News Release: IR-2020-54, IRS: High-deductible health plans can cover coronavirus costs
- Statement: Payment Deadline Extended to July 15, 2020
- Guidance
- Notice 2020-17, Relief for Taxpayers Affected by Ongoing Coronavirus Disease 2019 Pandemic
- Notice 2020-15, High deductible health plans and expenses related to COVID-19
National Governors Association
- Strong focus on what states/territories have done in response to COVID-19 with some federal information as well
Small Business Administration (SBA)
- Economic Injury Disaster Loan Program
- Working with state governors, this program provides small businesses with working capital loans of up to $2 million for economic support.
- Other SBA Capital Access Resources
- SBA’s Resource Partners and District Offices
- Regional and district offices help businesses navigate changes and business plans.
World Health Organization: COVID-19 (WHO)
NC Agency Resources
NC Agency Resources
State and federal governmental agencies have resources available that can assist your business during this challenging time. For your convenience, we've gathered information in one central place from N.C. State Agencies, U.S. Government Agencies and Federal Legislation on protecting yourself, your business and others in your community.
NC Department of Health & Human Services (NCDHHS)
→ For Businesses
- Executive Order No. 134 allows furloughed workers to qualify for unemployment benefits (April 20, 2020)
- Gives furloughed workers who received a severance payment from their employers access to payments through the unemployment system
- Order outlines the process for employers to file unemployment insurance claims on behalf of the furloughed employees
- Executive Order No. 131 imposes new restrictions on retailers and long-term care facilities and streamlines unemployment benefits process (April 9, 2020)
- Creates social distancing rules for retailers, including specific cleaning measures for stores, markings of six feet of separation between customers in line and limits on the number of people in stores at one time
- Issues mandatory requirements for nursing homes and long-term care facilities such as requiring all staff to wear medical masks, no communal activities, daily temperature screenings for staff and close monitoring of residents for coronavirus health indicators
- Makes it easier for employers to file attached claims on behalf of their employees
- Executive Order No. 125 authorizes remote shareholder meetings (April 1, 2020)
- Encourages remote shareholder meetings
- States that remote shareholder meetings must still meet the requirements of the NC Business Corporation Act
- Effective immediately and remain in effect for 60 days
- Executive Order No. 124 prohibits utility disconnection and fees (March 31, 2020)
- Order prohibits utility shut-offs and late fees during COVID-19 and applies to electric, gas, water and wastewater services for the next 60 days
- Telecommunication companies that provide phone, cable and internet services are strongly urged to follow the same rules
- The order also encourages banks not to charge overdraft fees, late fees, etc
- View FAQs
- Executive Order No. 120 banns gatherings more than 50 people together (March 23, 2020)
- Gatherings of more than 50 people are banned and businesses such as movie theaters, gyms and nail and hair salons ordered to close by 5pm on Wednesday, March 25th
- Closes all public schools for in-school instruction until May 15th
- Press Release: U.S. Small Business Administration Grants NC Request for Disaster Declaration (March 19, 2020)
- Affected businesses can apply for low interest loans at https://DisasterLoan.sba.gov/ela/
- Executive Order No. 118 limits operations of restaurants and bars (March 17, 2020)
- Addresses operations for restaurants and bars; also lifts some restrictions on unemployment insurance
- Press Release
- Interim Guidance for Organizations that Gather Less Than 50 People Together (March 16, 2020)
- Executive Order No. 117 banns mass gatherings over 100 people statewide (March 14, 2020)
- FAQ on Executive Order No. 117 (March 17, 2020)
- COVID-19 Mitigation Measures (March 12, 2020)
- Interim Guidance for Environmental Cleaning for Non-Healthcare Settings (March 9, 2020)
- CDC Information for businesses
- Guidance for Malls and Shopping Centers
- Guidance for Public-Facing Businesses and Agencies
→ Health Care Settings
- Executive Order No. 131 imposes new restrictions on retailers and long-term care facilities and streamlines unemployment benefits process (April 9, 2020)
- Creates social distancing rules for retailers, including specific cleaning measures for stores, markings of six feet of separation between customers in line and limits on the number of people in stores at one time
- Issues mandatory requirements for nursing homes and long-term care facilities such as requiring all staff to wear medical masks, no communal activities, daily temperature screenings for staff and close monitoring of residents for coronavirus health indicators
- Makes it easier for employers to file attached claims on behalf of their employees
- Executive Order No. 130 increases hospital capacity and expands pool of health care workers (April 8, 2020)
- Lifts health care regulations to increase the quantity of hospital beds and medical equipment
- Allows more health care professionals such as out-of-state and retired providers into the system to work
- Expands telehealth services
- Permits ambulatory surgical facilities to operate as temporary hospitals
- NCDHHS Guidance on Elective Surgeries (March 20, 2020)
- Effective March 23, 2020, all hospitals and Ambulatory Surgery Centers to suspend all elective and non-urgent procedures and surgeries
- Interim Healthcare Facility Preparedness Checklist (March 12, 2020)
- NC Interim Guidance for Long Term Care Settings (March 12, 2020)
- Interim Healthcare Facility Preparedness Checklist (March 12, 2020)
- Healthcare Personnel and Visitor Monitoring Log (Jan. 30, 2020)
- Symptom Self-monitoring Log (updated February 6, 2020)
→ Home Care Settings
- Guidance for Congregate Living Settings (updated Feb. 7, 2020)
- Guidance for Patients with Suspected or Confirmed COVID-19 Infection (Feb. 7, 2020)
→ Laboratory Guidance
- North Carolina State Laboratory of Public Health Novel Coronavirus Guidance
- North Carolina State Laboratory Specimen Collection and Shipment Guidance (March 16, 2020)
- CDC Information for Laboratories
→ Management of Scarce Resources
- Strategies for Scarce Resource Situations (March 13, 2020)
- NC Healthcare Supply Conservation Considerations (Feb. 27, 2020)
- Healthcare Coalition Partners - Personal Protective Equipment (PPE) Resource Monitoring and Request Algorithm
- Medical Surge Strategy Checklist
- DOL Interim Guidance on COVID-19 Use of Filtering Facepiece Respirators After Their Expiration Date (March 13, 2020)
→ For Providers
- NC Pharmacy Board Files Emergency Drug Preservation Rule (March 26, 2020)
- The North Carolina Medical Board and the Board of Pharmacy adopted COVID-19 Drug Preservation Rule in order to alleviate shortages and ensure the following drugs are available to patients who need them
- CMS Approves 1135 Waiver (March 23, 2020)
- CMS waiver flexibility addresses provider enrollment; provision of services in alternative settings; suspension of PASRR Assessments for 30 days; delay of fair hearings; suspension of prior authorization
- Respiratory Protection Guidance (March 17, 2020)
- NCDHHS Memo to North Carolina Health Care Providers (March 16, 2020)
- Outpatient Triage Assessment Guidance (March 16, 2020)
- NC Medicaid Policy Modifications
NC Department of Commerce
- Executive Order No. 131 imposes new restrictions on retailers and long-term care facilities and streamlines unemployment benefits process (April 9, 2020)
- Creates social distancing rules for retailers, including specific cleaning measures for stores, markings of six feet of separation between customers in line and limits on the number of people in stores at one time
- Issues mandatory requirements for nursing homes and long-term care facilities such as requiring all staff to wear medical masks, no communal activities, daily temperature screenings for staff and close monitoring of residents for coronavirus health indicators
- Makes it easier for employers to file attached claims on behalf of their employees
- Executive Order No. 134 allows furloughed workers to qualify for unemployment benefits (April 20, 2020)
- Gives furloughed workers who received a severance payment from their employers access to payments through the unemployment system
- Order outlines the process for employers to file unemployment insurance claims on behalf of the furloughed employees
- Federal Unemployment Assistance: Updates on the expanded benefits through the CARES Act
- Information for Individuals: Information for people filing for unemployment, including frequently asked questions
- Unemployment Benefits Due to COVID-19 Tip Sheet
- Information for Employers: Unemployment information for employers related to COVID-19
NC Department of Insurance (nc DOI)
- Bulletin and Order extending premium deferral period (April 21, 2020)
- Updated FAQs on Extended Premium Deferral Period (April 23, 2020)
- Bulletin and Order applying to property and casualty insurers that insure property located in North Carolina, as well as life and health insurers, HMOs, MEWAs, etc. (March 27, 2020)
- Insurance services qualify as an "essential business" per NC DOI Advisory (March 26, 2020)
- Guidance Regarding Coverage and Cost-Sharing Requirements (March 12, 2020)
- Release and Bulletin Authorizing Extra Prescriptions (March 12, 2020)
NC Department of Public Instruction (nc DPI)
- Executive Order No. 120 closes all public schools for in-school instruction until May 15th (March 23, 2020)
- Executive Order No. 117 directs K-12 public schools across our state to close for students through at least March 30 (March 14, 2020)
NC Department of Revenue (NCDOR)
- NCDOR is expanding tax relief as part of response to COVID-19 (March 31, 2020)
- NCDOR will not impose penalties for late filing or payments of many tax types, including sales and use and withholding taxes, through July 15. The NCDOR previously announced tax relief for individuals, corporations, partnerships, trusts, and estates
- NCDOR will not impose penalties for failure to obtain a license, failure to file a return, or failure to pay a tax that is due on March 15, 2020 through July 15, 2020, if the corresponding license is obtained, return is filed, or tax is paid on or before July 15, 2020
- NCDOR cannot waive interest, currently set at 5%
- View notice expanding penalty relief
- View excise notice
- View FAQs
- Frequently Asked Questions for Relief Offered in Response to COVID-19 Outbreak (March 23, 2020)
- Important Notice: NCDOR Provides Special Penalty Relief (March 19, 2020)
- NCDOR Offers Relief in Response to COVID-19 Outbreak (March 19, 2020)
- N.C. Department of Revenue Offers Penalty Waivers Related to State of Emergency
- N.C. Tax Filing Deadline Extended to July 15