The Library

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 […]

Today, Friday, April 24, 2020, President Trump signed into law the “Paycheck Protection Program and Healthcare Enhancement Act,” providing an additional $484 Billion in relief, with a focus on small businesses and health care providers. Although it is hard to believe, it was less than a month ago that President Trump signed into law the “CARES Act,” a $2 Trillion relief package. The CARES Act contained $349 Billion in funding for the Paycheck Protection Program and an additional $10 Billion in SBA funding for the Economic Injury Disaster Loan Program. These funds were quickly depleted, with the need far outpacing […]

Unfortunately, the current pandemic state has given rise to various forms of hoarding of certain medications and other essential medical supplies. As reports about potential stockpiling of hydroxychloroquine and chloroquine by physicians began to surface, the Department of Justice announced that it would be investigating instances of this type of activity. In late March, US Attorneys in Ohio issued a public statement indicating their commitment to address situations where physicians who are prescribing anti-viral medications such as hydroxychloroquine to healthy friends or associates because there is some anecdotal evidence the drugs could treat the novel coronavirus. All US Attorneys’ Offices […]

Federal and state prosecutors are casting a wide net for potentially fraudulent and illegal activity associated with the COVID-19 pandemic, which could catch businesses and industries, who are not accustomed to such scrutiny, off guard. According to recent public pronouncements from federal and state officials, investigations into fraud, bribery, kickbacks, price-gouging, and supply-chain practices all will receive heightened attention in the coming weeks and months. The nature and scale of the coronavirus outbreak means many industries not typically in the glare of federal prosecutors or state Attorneys General could be subject to criminal investigations. What many businesses may consider to […]

The Equal Employment Opportunity Commission (“EEOC”), like other federal agencies, is releasing new guidance on a periodic basis to address issues arising during this pandemic. On April 9, the EEOC updated previously issued technical guidance adding twelve (12) new questions and the answers. The full technical guidance, including this recent update, which is in the form of Questions and Answers addresses issues that arise under the Americans with Disability Act (“ADA”) and the Rehabilitation Act of can be found here. Several points maybe of significance: A.2 Symptom Questions Permitted. Despite ADA limitation on medical inquires, employers are permitted to ask […]

Like businesses and families, government and elected leaders are also facing new challenges stemming from the coronavirus outbreak, including the all-important question: can meetings be held at all and if so, how should public meetings of governmental bodies be held? Fortunately, state law provides some guidance to local governments and other boards, commissions, and state agencies that need to meet. However, the law does include some limitations and restrictions that have necessitated pending legislative action that would significantly expand electronic meeting authority for all state and local governmental bodies. Under an amendment to the state budget proposed by Governor Ralph […]

The Equal Employment Opportunity Commission has released technical guidance in addition to what was most recently released on April 9. Today, the EEOC added 10 questions and answers, several of which involve guidance on employees returning to work. We anticipate the EEOC will continue to periodically update this guidance. The full technical guidance can be found here. Several points of significance: D.5 & 6 Employers may ask for medical documentation. If an employee requests an accommodation for a medical condition, the employer may still ask questions of the employee or request medical documentation to determine whether the employee has a […]

Employers across Virginia are concerned about protecting their employees from exposure to coronavirus infection and COVID-19 illness. Many are also asking what they can do to minimize their risk of facing a VOSH citation for failing to protect their employees from such exposure. Although there is no specific standard that OSHA has adopted concerning coronavirus exposure, failing to take reasonable steps to protect employees could be the basis of a “General Duty Clause” violation. At a minimum, employers should develop and implement infectious disease preparedness response plan that considers risks of exposure, and incorporates recommendations from sate local federal health […]