Capitol Report
Following is a listing of executive and legislative action from the week of May 25. Both houses of the General Assembly were in session at press time.
May 29, 2020 at 01:00 PM
5 minute read
Following is a listing of executive and legislative action from the week of May 25. Both houses of the General Assembly were in session at press time.
|Reopening Pennsylvania
Gov. Tom Wolf on May 27 issued an order providing key guidance on dining and sports during the reopening process.
For counties in the "yellow" phase, the intermediate step that lifts the "stay-at-home" order and shifts to aggressive mitigation of spread of the coronavirus, restaurants may offer outdoor dining options for patrons.
In the "green" phase, which allows public gatherings of up to but no more than 250 persons, restaurants may offer indoor dining with social distancing measures in place.
Pennsylvania's professional sports teams in counties in the yellow or green phase may practice or play without spectators in attendance, as long as they have developed a plan for curbing the spread of COVID-19. The Pennsylvania Department of Health would have the authority to approve those plans, according to a Wolf administration statement.
Nine counties in southeastern Pennsylvania and Lackawanna County were scheduled to move June 5 from the "red" phase—with "stay-at-home" and business closure orders in effect—to the "yellow" phase.
At press time, 17 counties were set to move from yellow to green status May 29, and 40 counties were in the yellow phase of reopening.
|Long-Term Care
All employees and residents in Pennsylvania long-term care facilities would be tested for COVID-19 under legislation set to be introduced in the state House of Representatives.
State Reps. Todd Stephens, R-Montgomery, and Josh Kail, R-Beaver, drafted the measure.
In a statement May 28, Kail said Wolf's testing strategy would reach only 20% of staff and residents weekly, and leaves out entirely personal-care homes or assisted-living facilities. The administration's current strategy, Kail said, leaves two-thirds of all long-term care facilities without any motivation to test.
The COVID-19 pandemic has hit long term care facilities particularly hard.
"This administration has made strides in implementing universal testing at prisons and protecting vulnerable inmates while failing to protect the most vulnerable Pennsylvanians with the same intensity in nursing homes," Kail said. "The men and women living in long-term care facilities have been harmed the most by this pandemic, and they need our help also."
|Coronavirus Exposure
Democrats in the state House of Representatives were up in arms after it was disclosed that a Republican lawmaker had tested positive for the coronavirus.
House Minority Leader Frank Dermody, D-Allegheny, alleged that information had been withheld by some Republicans.
"While we are pleased to learn that this House member seems to have recovered, it is simply unacceptable that some House Republicans knew about this for more than a week and sat on that knowledge," he said.
The Washington Post reported that state Rep. Andrew Lewis said May 27 that he had tested positive for the coronavirus May 20, but had recovered completely from COVID-19 symptoms.
In a statement issued May 27, Dermody said he and other House members were shocked to learn that, with several lawmakers self-quarantining, no notice was provided to the people working closely with those who may have been exposed to the coronavirus while working at the Capitol.
"Knowing how House members and staff work closely together at the Capitol, we should have been made aware of this much sooner. We should not have learned of it from a media report," Dermody said. "In the last two weeks alone, there were six days of voting session here at the Capitol and more than 15 separate meetings of House committees voting on dozens of bills. For those members who journeyed to the Capitol in person, each of these meetings raises the risk of possible exposure."
Travel to the Capitol is optional as members are allowed to vote by proxy through party whips. But the House floor remains open and many committee meetings are being held, according to the House calendar.
A spokesman for House Republicans told the Pittsburgh Post Gazette that anyone who had been in close contact with an infected person was notified under state and federal guidelines.
|Opioid Abuse
The Pennsylvania Senate on May 27 approved legislation that would require employers who have a certified safety committee as part of their workers' compensation program to include information about the risks associated with the use of opioids.
Currently, the Pennsylvania Workers' Compensation Law allows employers to receive a 5% discount on their workers' compensation insurance premium if they establish a certified safety committee within their workplace to deal with hazard detection and accident prevention Senate Bill 594, which is sponsored by Sen. Wayne Langerholc Jr., R-Cambria, would incentivize education of employees to avoid opioid addiction.
"In addition to these current requirements, my bill would charge safety committees with providing information about the dangers of using opioids and painkillers," Langerholc said during remarks on the Senate floor. "This is just one more tool to use as we continue to combat our opioid abuse problem in the commonwealth."
SB 594 now goes to the state House of Representatives for consideration.
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Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
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