The rapid spread of COVID-19 (formerly called the 2019 novel coronavirus) has sparked alarm worldwide. COVID-19 has now infected hundreds of thousands of people and caused thousands of deaths since December of 2019, causing the World Health Organization (WHO) to declare this coronavirus outbreak a pandemic. It also has led to unprecedented efforts to isolate, control and halt the spread of the virus – disrupting and even stopping movement of people and industries around the world.
Calvo Fisher & Jacob LLP has formed a COVID-19 task force to provide general information to Guam residents and local businesses on the implications of COVID-19 and the measures constantly being put in place to address the pandemic. Our aim is to provide up-to-date information across a broad range of topics including Federal and local laws and regulations pertaining to employment and paid leave, health care, and security issues.
Guam DRT provides information about the Economic Impact Payments
On April 8, ChST, the Guam Department of Revenue and Taxation released basic information regarding the 2020 Recovery Rebates for Individuals (“Economic Impact Payments”) as they relate to Guam taxpayers. Notably, the April 8 announcement does not provide any information as to when DRT will begin distributing economic impact payments. Nor does it provide any information about how DRT will distribute payments to individuals who did not file a tax return in 2018 or do not typically file a tax return.
OSHA Clarifies COVID-19 Recording Requirements
In a memo issued on Friday night, April 10, the Occupational Safety and Health Administration (OSHA) updated its guidance on whether employers are required to record cases of COVID-19 in their 300 Logs for reporting occupational injuries and illnesses. OSHA has confirmed that COVID-19 can be a recordable work-related illness that must be documented on an employer’s OSHA 300 log in certain circumstances. OSHA advised employers to consider the following three factors in making that determination:
Governor Leon Guerrero: $11M from General Fund to CARES Act Stimulus Checks
On April 9, 2020, Governor Leon Guerrero announced that more than $11 million from the Gov Guam General Fund will be used to advance the payment of federal economic impact payments to a "priority" group of who make $10,000 or less a year based on the 2018 tax return filing.
Latest Updates: Executive and Judiciary Orders Extended; DPHSS Updates
On April 10, 2020, the Office of the Governor issued Executive Order No. 2020-10 relative to the reservation of road access for essential businesses and activities in a public health emergency. On April 10, 2020, the Supreme Court of Guam issued Administrative Order No. ADM20-220 extending all timelines set forth in previous Administrative Orders from April 15 to May 6, 2020. The Department of Public Health and Social Services (DPHSS) tested 38 individuals for COVID-19 on Friday, April 10, 2020 with conclusive results. Zero tested positive through DPHSS and 38 tested negative. To date, a total of 128 cases tested positive and two were clinically diagnosed with 41 recoveries and four deaths.
U.S. Federal Reserve Announces Main Street Lending Program to Provide Financing to Mid-Sized Businesses
The CARES Act (“Act”) enacted on March 27, 2020 provides the Treasury with $454 billion to make loans, loan guarantees and other investments in Federal Reserve programs and facilities that will give support to eligible businesses, States and municipalities. On April 9, 2020, the Board of Governors of the Federal Reserve System (Board) released the highly anticipated details of its massive $600 billion Main Street Lending program (Program) to support businesses with up to 10,000 employees. The Program is particularly welcomed by businesses that are too large to be eligible for loans under for the Paycheck Protection Program (PPP), which are available to businesses with fewer than 500 employees.
CDC Significantly Relaxes Standard for Critical Infrastructure Workers Exposed to COVID-19
On April 8, the Centers for Disease Controls and Prevention (CDC) issued a new Interim Guidance for employers regarding safety practices for “critical infrastructure workers” who may have been exposed to a person with a suspected or confirmed case of COVID-19. They also provide a printable flyer for the workplace.
UPDATE: US DOL Guidance indicates Guam workers may be entitled to both PUA and FPUC provided that Guam reaches an agreement with US DOL
The U.S. Department of Labor has issued a series of publications offering guidance to the states for implementing certain federal unemployment insurance provisions contained in the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), including the Pandemic Unemployment Assistance (PUA), Federal Pandemic Unemployment Compensation (FPUC), and Pandemic Emergency Unemployment Compensation (PEUC) programs.
Department of Housing and Urban Development Allocates $2.6 Million in Relief to Guam
Following enactment of the CARES Act, the U.S. Department of Housing and Urban Development (HUD) was directed to immediately begin allocating $3.064 billion to help America’s low-income families and most vulnerable citizens. According to HUD, these funds will be awarded quickly and will also be accompanied by new guidance that cuts red tape so grantees can quickly help their communities. Guam was allocated over $2.6 million of these funds for specified uses.
The Latest News: Governor Issues Two New Executive Orders; DPHSS Updates
On April 5, the Governor of Guam issued two new Executive Orders: Executive Order No. 2020-08 relative to establishing COVID-19 response deferential pay and Executive Order No. 2020-09 relative to additional social isolation measures. The Department of Public Health and Social Services (DPHSS) tested 38 individuals for COVID-19 on Sunday, April 5, 2020 with conclusive results. Seventeen (17) tested positive through DPHSS and 21 tested negative. An additional two cases of COVID-19 have been clinically diagnosed.
The Latest News: USS Theodore Roosevelt Crew to Quarantine in Local Hotels; DPHSS Updates
More than 100 sailors aboard the aircraft carrier USS Theodore Roosevelt docked in Guam are infected with the coronavirus, the US military and the Government of Guam have reached an agreement that sailors who test negative for the coronavirus will be quarantined for 14 days in designated hotels in Tumon, in accordance with the Governor’s Executive Order and CDC guidelines. The Governor has indicated that the military has promised to provide the local community aid in the form of supplies, test kits and medical resources.
REMINDER: Paycheck Protection Program for Small Businesses Starts April 3
The Paycheck Protection Program (“PPP”), which authorizes up to $349 billion in forgivable loans to small businesses to pay their employees during the COVID-19 crisis, starts on Friday, April 3
The Latest News: Third COVID-19 Related Death; DPHSS Updates; Barrigada Heights Primary Care Facility
On Wednesday, April 1, 2020 at 11:58 a.m. (ChST), Guam’s third COVID-19-related death occurred at the Guam Memorial Hospital (GMH). The patient was 81 years old with underlying health issues, which were compounded by COVID-19. DPHSS tested 41 individuals for COVID-19 on Wednesday, April 1, 2020 with conclusive results. Six (6) tested positive through DPHSS and 35 tested negative. To date, a total of 77 cases tested positive with 9 patients who have recovered and 3 deaths. All 65 remaining cases tested by GPHL and NHRC are in isolation. DPHSS has opened a primary care facility at Barrigada Heights. Nurses and doctors are available to evaluate patients and collect specimens if necessary.
SBA Disaster Loan Online Application Now Available
As an update to our previous advisory regarding the application process for US Small Business Administration (SBA) Economic Injury Disaster Loans (EIDL) due to COVID-19, the SBA has instituted a streamlined online application process available to all applicants.
The Latest News: Second COVID-19 Related Death; DPHSS Updates; CNMI and Other Flights Suspended
On Tuesday, March 31, 2020 at 11:32 a.m. (ChST), Guam’s second COVID-19-related death occurred at the Guam Memorial Hospital (GMH). The Department of Public Health and Social Services (DPHSS) tested 31 individuals for COVID-19 on Tuesday, March 31, 2020 with conclusive results. Nine (9) tested positive through DPHSS and 19 tested negative. All CNMI-Guam flights will be cancelled from April 6 to April 30, according to a press release from the Commonwealth Ports Authority. Additionally, nearly all flights to Guam will be suspended with the exception of certain United flights which will be operating on a much reduced scale.
Guam District Court Authorizes Telephonic Appearances
On March 30, 2020, Chief Judge of the District Court of Guam Francis Tydingco-Gatewood issued General Order No. 20-0013 authorizing judges in the District Court of Guam, with the consent of the defendant or the juvenile after consultation with counsel, to use video conferencing, or telephonic conferencing if video conferencing is not reasonably available for use, in certain proceedings.
DPHSS Updates: The Latest News
The Guam Department of Public Health and Social Services (DPHSS) tested 20 individuals for COVID-19 on Monday, March 30, 2020 with conclusive results. Two (2) tested positive through DPHSS and 18 tested negative for SARS-CoV-2. The DPHSS overall count also includes two (2) positive cases that were tested by the Naval Health Research Center (NHRC) in San Diego. To date, a total of 58 cases tested positive with 7 patients who have recovered and 1 death.
CARES Act: Summary of Key Provisions and Relief
President Trump signed the "Coronavirus Aid, Relief, and Economic Security Act" (the CARES Act) on the afternoon of March 27, 2020. The CARES Act’s estimated $2+ trillion price tag includes: extraordinary public health spending to confront the COVID-19 pandemic; immediate cash relief for individual citizens; a broad lending program for small business; and targeted relief for hard-hit industries. This advisory contains highlights of key provisions and relief.
The Latest News: DPHSS Updates; Mandatory Quarantine for Incoming Passengers
A total of 388 tests were performed from March 12, 2020 through March 29, 2020 with conclusive results. To date, a total of 54 cases tested positive by DPHSS and 334 tested negative for COVID-19 with seven recovered and one death.
Effective Tuesday, March 31, 2020 at midnight ALL incoming passengers, regardless of place of origin or transit, are subject to a 14-day quarantine at a government-designated facility upon entry to Guam.
DPHSS Updates: The Latest News
The Guam Department of Public Health and Social Services (DPHSS) tested 18 individuals for COVID-19 on Saturday, March 28, 2020 with conclusive results. Four (4) tested positive for SARS-CoV-2 and 14 tested negative for SARS-CoV-2. A total of 366 tests were performed from March 12, 2020 through March 28, 2020 with conclusive results. To date, a total of 55 cases tested positive and 277 cases tested negative for COVID-19 with seven patients who have recovered and one death.