Legislation that will help protect businesses and healthcare providers against frivolous COVID-19-related claims is on its way to Governor Reeves for his signature. BIPEC led a coalition of business groups to pass what is known as the “Mississippi Back-to-Business Liability Assurance Act.” This important act will preserve both justice and economic recovery in Mississippi by enacting reasonable safeguards against a potential surge of coronavirus lawsuits. We believe that this legislation is one of the strongest, if not the strongest, COVID-19 liability bills in the country. You can view it HERE.
 
There are a growing number of COVID-19 related lawsuits across the United States. Some personal injury lawyers view individuals exposed to COVID-19 as a vast new pool of plaintiffs, and healthcare providers, businesses, non-profits, charitable, and religious organizations that aid in the response effort or provide essential services as defendants to cast blame. The first lawsuits targeting healthcare providers, employers, retailers, and other businesses have been filed. Many more are to come.
 
It is good public policy to give our courts clear direction and to distinguish valid claims from meritless lawsuits in this unprecedented time. Many of Mississippi’s employers are concerned that they may not survive the pandemic and are dealing with a crisis through no fault of their own. They are doing everything possible to remain open to serve their customers. We commend legislative leaders for taking this action. Below is a quick synopsis of what the legislation does.
 

• Who is covered?
  A person is defined as someone who attempts, in good faith, to follow applicable public health guidance.
   
• What is the definition of a person?
  Person means an individual, state, political subdivision, association, educational entity, for-profit or non-profit entity, religious organization, or charitable organization.  
   
• What is the definition of public health guidance?
  Public health guidance means any written guidance related to the COVID-19 State of Emergency, issued by an executive agency or regulatory agency of the federal government or an executive agency of the State of Mississippi.
   
• Who is not covered?
  Any defendant shown by clear and convincing evidence to have acted with actual malice or willful or intentional misconduct is not covered.
   
• Who has liability protection?
  Premises: This means any physical place serving a commercial, residential, educational, religious, governmental, cultural, charitable, or health care purpose.
  Businesses: The bill protects businesses (essential and non-essential) through the definition of “person.”  
  Product liability: The legislation provides protections to anyone that designs, manufactures, labels, sells, distributes, or donates personal protective equipment in response to COVID-19.

Last week the BIPEC Board of Directors moved quickly and decisively to take a position on the issue of the state flag. On Sunday evening, legislation to remove and adopt a new state flag passed the House and Senate. It is now on its way to the Governor. Governor Tate Reeves has said publicly that he will sign the bill. The legislation will also create a commission to design a new flag that voters will have a chance to vote on during the November elections.

Last week, BIPEC issued the following statement. “The Business and Industry Political Education Committee’s (BIPEC) mission statement emphasizes that Mississippi businesses should ‘unite, protect, and advance free enterprise.’ Our current flag divides us, hurts our economy, and hinders free enterprise. BIPEC supports legislative efforts to change the current state flag. Mississippi is always competing for economic development opportunities. The current flag puts us at a disadvantage. Mississippi should have a flag that will cast our state in a positive light.”

BIPEC and many of its members played a pivotal role in the passage of this historic legislation.

The Business and Industry Political Education Committee’s (BIPEC) mission statement says that Mississippi businesses should “unite, protect, and advance free enterprise.” It is our opinion that the current flag divides us, hurts our economy, and hinders free enterprise.

Mississippi is always competing for economic development opportunities. The current flag puts us at a disadvantage and stands in the way of the growth and opportunities available to us. Mississippi should have a flag that will cast our state in a positive light.

BIPEC supports legislative efforts to change the current state flag.

Governor Tate Reeves announced that he has asked leaders of Mississippi’s business community to chart a course for economic recovery and re-opening Mississippi’s economy.

During this COVID-19 pandemic, Mississippi has seen a nearly 9,000% increase in unemployment claims. Small businesses and their employees are struggling to stay afloat. The Governor’s Commission for Economic Recovery will look at the impact on every industry, geographical region, and community and help the Governor transform our state’s economy under these new conditions through tailored solutions.

“We need Mississippians helping Mississippians. I have asked a trusted group of our state’s top business minds to do just that. Under the ‘Restart Mississippi’ umbrella, they are going to develop a series of recommendations and goals for our new economy. They will study the impact of COVID-19 on our workforce and small businesses. And they will help us recover—day by day,” said Governor Tate Reeves.

The Governor has asked Joe Sanderson of Sanderson Farms, a longtime business leader in our state, to serve as the chairman of the effort. Joining Joe Sanderson, this commission will be comprised of leaders representing Mississippi’s different regions and industries.

Bringing together large economic drivers and small business leaders, this private sector group will develop recommendations for state leaders on economic recovery to help Mississippi businesses and employees navigate our new economy. The commission will study the economic impact of COVID-19 on different industries, communities, and regions with one goal: develop a path forward to Restart Mississippi. 

The full list of members with biographies can be found at restartms.ms.

EXECUTIVE TEAM

IMPACT COMMITTEES

BIPEC wants to be a resource during these difficult times. We have been in communication with the various trade associations and business groups that participate in BIPEC. We will periodically pass along valuable information that we think could be valuable to your members, businesses, and employees. If you have information that you believe other trade associations, organizations, or companies need to know or learn from, please share with me, and I will be happy to pass along.

From the Governor

• March 21: Governor Reeves Provides Unemployment Benefits to Help Mississippi Workers During COVID-19 Outbreak
• March 20: Governor Reeves Announces Disaster Assistance for Small Businesses Impacted by COVID-19
• March 14: 2nd Congressional District Runoff Postponed
• Social Media Updates: Facebook, Twitter

From the Lt. Governor

• Social Media Updates: Facebook, Twitter

From the Speaker

• Social Media Updates: Facebook, Twitter

From the Business Community

• March 23: Small business owners can begin the process immediately and apply for assistance
• March 20: MS Manufacturers Association: Mississippi Businesses Affected by COVID-19 Now Eligible for Disaster Aid
• March 18: Self-Employed, Small Business Included in Emergency Aid Measures
• March 17: What Employers Need to Know and Plan for During the Coronavirus Crisis (MMA)

Legal Issues

• March 23: National Law Review: Insurance Coverage Issues Related to Business Interruptions
• March 22: Jones Walker: Keeping Workers Paid and Employed, Health Care System Enhancements, and Economic Stabilization
• March 20: Brunini: Coronavirus and the Interruption of your Business
• March 20: Updates from Butler Snow
• March 19: FormanWatkins: “Pandemic” Label for COVID-19 by WHO Triggers New ADA Rules for Employers
• March 19: Updates on Mississippi Courts, Supreme Court Emergency Admin Order
• March 16: MS Supreme Court orders limited in-person gatherings, other changes in state courts

Tools for Business Owners

• Sample preparedness plan if an employee test positive for COVID-19

Websites for Additional Resources and Updates

• Mississippi Economic Council Coronavirus Resources for Employers
• ABC Mississippi dedicated web page for COVID-19 employer resources
• Mississippi State Medical Association COVID-19 Resources
• Mississippi Bankers Association COVID-19 Resources
• NFIB Coronavirus Updates
• American Trucking Association

Derek Easley
President & CEO, BIPEC

BIPEC is monitoring the current situation and how it affects our members and the Mississippi economy. The Mississippi Legislature has suspended the legislative session until April 1, 2020.

I have been in communication with the various trade associations and governmental affairs professionals that participate in BIPEC (the same group that meets regularly during the legislative session). I have communicated to them that I want BIPEC to be a resource during these interesting times. One thing that I thought would be helpful is to pass along valuable information that I receive from the various groups that participate in BIPEC. If you have information that you believe other trade associations, organizations, or businesses need to know or learn from, please share with me, and I will be happy to pass along.

For example, I recently passed along information from the National Federation of Independent Businesses (NFIB) regarding their efforts in DC. NFIB is actively working with Congress to oppose new mandates and costs on the small business community and provide federal support for small business owners. NFIB recently opposed H.R. 6201, the Families First Coronavirus Response Act, which would expand the Family and Medical Leave Act (FMLA) by mandating all small businesses to provide up to 12 weeks of paid family and medical leave. Companies with 500 or more employees are exempt.

NFIB recently held a webinar- Coronavirus Part I (recorded March 13, 2020). You can watch the webinar here: https://www.nfib.com/webinars/covid-19/. There will be a second webinar tomorrow, Friday, March 20 at 12:00pm EDT. This will be a Congressional and Legal Update for Small Businesses. You can Register Now. You do not have to be a member of NFIB to participate.

How to Request SBA Economic Injury Disaster Loans:

Governor Tate Reeves requested a disaster declaration by the U.S. Small Business Administration on Tuesday, March 17, 2020.

This request will provide low-interest, Economic Injury Disaster Loans to small businesses and non-profits that have been severely impacted by the Coronavirus (COVID-19). The SBA’s Economic Injury Disaster Loan program provides small businesses with working capital loans of up to $2 million that can provide vital economic support to small businesses to help overcome the temporary loss of revenue they are experiencing.

You must provide the request to your county emergency management agency. You can find your county EMA contact information at this link https://www.msema.org/county-ema/. Your county emergency management agency should then submit to the MEMA State Coordinating Officer, Todd DeMuth, at tdemuth@mema.ms.gov. The Mississippi Emergency Management Agency will then hand over to the Small Business Administration.

“Our county emergency management directors are working tirelessly with our small businesses across the state to ensure they suffer as little as possible during this pandemic. We urge small businesses to work quickly and efficiently to turn in their paperwork to our agency,” says MEMA Director Greg Michel.

The links below will take you to the required worksheet and instructions.

Estimated Disaster Economic Injury Worksheet
How to Request a SBA EIDL Declaration_Updated_03_11_2020 original

IRS Tax Payment Deferment

The IRS is offering a 90-day tax deferment for 2019 tax payments ($1 million for individuals and $10 million for corporate filers). Note: Tax filing deadline has not been changed.

Read more: https://www.irs.gov/coronavirus

N95 Mask Donations

The White House has asked construction companies to donate their N95 masks. I would encourage any company that uses N95 masks that has a considerable inventory to consider contacting your local hospital about their needs.

Derek Easley
President & CEO, BIPEC