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The Governor’s New Executive Order: What’s Closing and What’s Not

Articles

Virginia Governor Ralph Northam has continued to provide near daily updates on Virginia’s response to the coronavirus, with the latest action coming in a sweeping Executive Order on March 23 strictly curtailing retail activity. Executive Order #53, in addition to closing all K-12 public schools for the remainder of the year, bans all gatherings of more than 10 people, strictly limits restaurants and bars to carry-out or delivery only, closes a number of “non-essential” businesses, and places further restrictions on other retail establishments. The order is effective for the next 30 days, until April 23, 2020. But perhaps more importantly […]

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Small Business Administration Economic Injury Disaster Loan Program and Application Process

Articles

U.S. SBA Economic Injury Disaster Loan (EIDL) Summary for Small Businesses and Nonprofits The public health emergency resulting from the Coronavirus/COVID-19 pandemic is causing unprecedented challenges to small businesses in many industries. To assist small businesses suffering substantial economic injury as a result of the Coronavirus pandemic, the U.S. SBA is offering small businesses operating in certain designated states, including Virginia, low-interest federal disaster loans for working capital, under the Coronavirus Preparedness and Response Supplemental Appropriations Act recently passed by the U.S. Congress and signed into law by the President. In response to a request from Virginia Governor Ralph Northam, […]

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New Procedures for Virginia Unemployment Benefits in Wake of COVID-19

Articles

The Virginia Employment Commission (VEC) recently issued new guidance regarding the availability of unemployment benefits during the COVID-19 pandemic. As businesses continue to face the possibility of limiting hours and staff, employers may be able to structure furloughs and reduced hours to maximize unemployment benefits to employees. Employees can file for unemployment compensation benefits due to reduction in hours or loss of employment. For claims related to a reduction of hours, the claimant’s gross earnings for the week must be less than the weekly VEC benefit amount. The maximum weekly VEC benefit is $378. Depending on an employee’s earnings, the […]

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It’s a Trap!: Virginians should either file their federal tax returns prior to May 1 or request an extension

Articles

The Treasury Department and Internal Revenue Service recently announced that the federal income tax filing due date is automatically extended from April 15, 2020, to July 15, 2020. All the major news outlets are reporting about this COVID-19 emergency extension. However, Virginians should not be lulled into complacency.  Although Virginia has granted a one-month extension for payment of individual and corporate state income taxes, these tax returns are still due May 1. Because the calculation of Virginia income tax is based largely on the computations of federal tax items, it would be impractical to file Virginia tax returns by the […]

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Workplace Cleaning and Disinfection Recommendations

Articles

Among the issues employers need to be considering is what steps need to be taken in advance of learning that an infected employee has been in the workplace, and also what its protocols will be if an infected employee has been in the workplace for a period of time prior to discovery. The most current guidance on how to clean and disinfect the workplace issued by the Center for Disease Control and Prevention (CDC) was issued April 1, 2020.  All employers are strongly encouraged to check this website periodically to make sure that you are following the most current guidance. […]

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Cybersecurity: Do not let your guard down during COVID-19

Articles

Many people who are accustomed to a traditional office environment are finding themselves transitioning to work from home during the COVID-19 pandemic.  Hackers and scammers are taking full advantage of this and are targeting their phishing attacks to exploit current events.  An email from your supervisor or executive two weeks ago asking: “Are you in the office? Can you do me a quick favor?” may have been easily dismissed and deleted, especially if the alleged sender works two doors down and you just saw him or her walk by with a cup of coffee. Now imagine you are working from […]

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What you need to know about the state government’s response to COVID-19

Articles

As the number of confirmed coronavirus cases continues to grow in Virginia, state leaders are taking several steps to slow the spread of the virus and protect the population at large. Here is what businesses and individuals need to know about the state government’s response to the emerging and evolving threat that is COVID-19. State Emergency Authority While the federal government’s police powers are prohibited by the construction of the Constitution, which grants the federal government enumerated powers, the police powers of the states are more implied. Like most states, Virginia’s constitution and statutes grant the governor broad discretionary authority […]

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Virginia Department of Health Sets New Ground Rules for Employees Returning to Work Amidst COVID-19 Pandemic

Articles

On March 18, 2020, the Virginia Department of Health (“VDH”) updated its guidance for the suggested time period and circumstances for individuals to discontinue isolation after having confirmed or suspected COVID-19.  Unlike the flu where the VDH suggested that individuals could discontinue isolation and return to work after a 24-hour period without a fever, the VDH recommends a longer fever-free period of time as well as additional symptom-free conditions. The VDH provides the following guidance: If you are sick and have confirmed or suspected COVID-19 and have been directed to isolate at home, you can stop home isolation under the […]

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OSHA/COVID-19  Update

Articles

By Kirk Sosebee, Brett Marston, and Spencer Wiegard In this difficult time for employers, OSHA has placed another new requirement on their plate. Not only are employers encouraged to take extra steps and precautions to help protect their employees’ health and safety, new guidance from OSHA requires employers to record, and in some cases report, instances of coronavirus that are contracted by their employees on the jobsite. Employers have a general duty to record and report certain work-related injuries and illnesses to OSHA. Unlike the common cold or flu, which are excluded from OSHA’s recording and reporting requirements, OSHA is […]

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Public meetings and hearings for local governments and other “public bodies” in Virginia

Articles

On 3/26/20, The Virginia Association of Counties has put the public meeting guidance on one page:  https://www.vaco.org/local-government-operations-guidance-from-the-local-government-attorneys-of-virginia/ On 3/21/20, Attorney General Mark Herring issued an opinion here about public meetings during the emergency. In summary, localities are not authorized to hold public meetings to conduct regular public business solely by electronic means (meaning without a physically-assembled quorum of the local governing body, and a physical location open to the public).  Therefore, localities are advised to “defer any and all decisions that can be deferred until it is once again possible to meet in person.” (3/20/20 AG Op. pg. 4) There […]

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