The Library

Change is coming July 1, 2020. Do you know how Virginia’s new laws impact your business? We do.   Virginia Values Act     Virginia Clean Economy Act   Virginia Whistleblower Protection Law   Virginia Human Rights Act   Virginia Business Returns to Work  

A slim majority of the Supreme Court of Virginia recently affirmed a judgment in favor of a supplier against a general contractor for materials that a subcontractor had ordered from the supplier but not paid for. The case, Davis v. FTJ, is a cautionary tale for those who expect their legal obligations to end with the contracts they make. Under this case, “implied” contracts – i.e., fictional contracts implied by law – may carry those obligations much further. The general contractor in Davis engaged a subcontractor to provide drywall and metal framing for a project in Arlington County, Virginia. The […]

As companies start to reopen and more workers are brought back to the workplace, the federal Occupational Safety and Health Administration (“OSHA”) changed its position and is now requiring businesses to be proactive in determining how workers who test positive for COVID-19 became exposed. The new guidance released on May 19 reversed OSHA’s April directive and now requires all employers with 11 or more employees who must maintain OSHA injury and illness logs to determine if a worker’s COVID-19 case is job-related.[1] This new Guidance can be found here. This requirement applied initially only to health-care employers, emergency-response providers, and […]

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 […]