The Library

A new Executive Order signed by President Donald Trump is designed to ease regulatory enforcement on businesses amidst the COVID-19 pandemic. While helpful, this executive action falls short of granting any new liability protections to businesses, and leaves that action to Congress, which is divided over whether to grant legal protections from lawsuits.  It also does not apply to actions by state regulatory agencies. The Order, signed Tuesday, May 19, encourages federal agencies to rescind, modify, waive, or provide exemptions to regulations and requirements that may slow economic recovery and discourages federal enforcement actions for businesses acting in reasonable good […]

The current pandemic brings unparalleled challenges to business operations in Virginia, with nearly every sector struggling to strike the right balance between protecting the employee and public health, and surviving impact of mass shutdowns. That struggle poses the greatest risks to businesses, whose choices during this crisis receive increased attention, all while navigating often unfamiliar laws, regulations, and standards. This particular crisis impacts industries unaccustomed with operating under the glare of heightened scrutiny that accompanies declarations of emergency, disbursements of federal stimulus funds and new designations of what comprises the nation’s “critical infrastructure” under the Defense Production Act.  Typical commercial […]

Virginia Values Act poses significant legal risks to Virginia Employers.  See article published by Gentry Locke partner Todd Leeson in Law360 on May 15, 2020.

On May 13, 2020, the Department of Treasury issued FAQ #46, which provides a safe harbor for Paycheck Protection Program loans with an original principal amount of less than $2 Million. Below is FAQ #46 in its entirety: 46. Question: How will SBA review borrowers’ required good-faith certification concerning the necessity of their loan request? Answer:  When submitting a PPP application, all borrowers must certify in good faith that “[c]urrent economic uncertainty makes this loan request necessary to support the ongoing operations of the Applicant.”  SBA, in consultation with the Department of the Treasury, has determined that the following safe […]

With employers experiencing unexpected shutdowns and facing potential mass layoffs due to the COVID-19 pandemic, the Department of Labor (“DOL”) recently issued COVID-19 guidance for employers regarding the federal Worker Adjustment and Retraining Notification (“WARN”) Act.  The FAQs can be found here. The WARN Act is a federal statute that requires covered employers to provide employees 60 days’ advance written notice before closing a plant or conducting a mass layoff.  The WARN Act applies to employers  that employ 100 or more full-time employees (not counting workers who have worked fewer than 6 months on the job).  Covered employers, unless protected […]

The Virginia General Assembly concluded its 2020 session five days later than planned as a mountain of legislation and a late-breaking budget deal delayed adjournment. One of the largest agenda items for the new Democratic majority was a clean energy bill called the Virginia Clean Economy Act. The VCEA, along with several other energy reform bills, made the 2020 session a consequential year for energy transformation in the Commonwealth. Session Background The 2020 General Assembly started on a historic note, as Democrats took control of both branches of the General Assembly for the first time in 30 years and immediately […]

As this year began, the nation’s attention was riveted on the impeachment proceedings triggered by a whistleblower complaint. Competing efforts to protect and “out” the whistleblower were on full display in the political arena. Fallout was not surprising, and recently the Inspector General who received and forwarded the whistleblower’s complaint was terminated. This article is not a political one.1 We start here only because it illustrates the increasing frequency of whistleblower complaints, and the power of such allegations once they are made public. These realities are now much more acute for the thousands of businesses which have received some portion […]

On Monday, April 27, 2020, Lynchburg Circuit Court Judge F. Patrick Yeatts issued an order granting a temporary injunction that allowed SafeSide Lynchburg to reopen its indoor shooting range. The owners of SafeSide Lynchburg, joined by the Virginia Citizens Defense League, Gun Owners of America, and the Association of Virginia Gun Ranges filed suit against Governor Northam challenging the inclusion of indoor shooting ranges as businesses ordered closed by Executive Order 53. Judge Yeatts enjoined and prohibited the Commonwealth from  enforcing the prohibition on public access to SafeSide Lynchburg’s range as set forth in paragraph 4 of Executive Order 53, […]

On April 21, 2020, OSHA issued a list of tips for Construction industry employers to follow so that they can reduce the risk of exposure to the coronavirus on the jobsite. That list can be viewed here. Many items on the list are familiar at this stage of the pandemic, including allowing employees to wear masks during work, continuing to use normal control measures including PPE, avoiding physical contact and practicing social distancing where possible, and cleaning shared tools and equipment. The full list of OSHA tips includes: Encourage workers to stay home if they are sick. Allow workers to […]