The Library

The COVID-19 pandemic turned the world on its head just days after the 2020 General Assembly adjourned, all but guaranteeing that the General Assembly would reconvene for a Special Session sometime this year to reconcile the state budget and deal with the fallout from the outbreak. Since then, the murder of George Floyd created a sense of urgency around the need for police and criminal justice reform, producing a second set of issues to address. Governor Ralph Northam has now called the General Assembly back to Richmond on August 18 to take up both of these issues. At a broader […]

The 2020 Virginia General Assembly enacted significant changes to Virginia’s most widely used exemption statutes in Title 34. In 2020 Virginia House Bill 790, which becomes effective on July 1, 2020, the legislature expanded both the amount of and procedure for claiming what is commonly referred to as the “Homestead Exemption” by simplifying the procedure for debtors claiming those exemptions in a pending bankruptcy case. Currently the Homestead Exemption under section 34-4 of the Code of Virginia permits an individual (a “householder”) to exempt from creditor process real and personal property up to $5,000 in value (or $10,000 in value […]

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 […]