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OSHA Confirms COVID-19 is a Recordable Illness Under OSHA’s Record Keeping Requirements

Articles

On April 10, 2020, OSHA issued a memorandum offering interim guidance to its safety and health officers for enforcing the requirements for the recording of occupational illness related to coronavirus. In this memorandum, OSHA confirmed that COVID-19 is a recordable illness under OSHA’s record keeping requirements. If an employee tests positive for coronavirus, it is a recordable illness if it is “work related” and it involves one or more of the general recording criteria (medical care beyond first aid, days away from work, etc.). Employers in healthcare industry, emergency response (emergency medical, firefighting, law enforcement) and correctional institutions must make […]

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20 Gentry Locke Lawyers Named as Super Lawyers and Rising Stars

News

ROANOKE, Va. (April 13, 2020) – The Virginia law firm of Gentry Locke is pleased to announce that 20 of the firm’s attorneys were selected for inclusion in the 2020 Virginia Super Lawyers® lists. Attorneys were nominated by their peers and recognized for their outstanding professional achievement in several legal practice areas including appellate law, business/corporate law, business litigation, construction litigation, criminal defense, employment law and litigation, health care, intellectual property, land use and zoning, personal injury, and professional liability. Seven of the 20 were elected Virginia Super Lawyers Rising Stars—attorneys who are 40 years old or younger, or in […]

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The Treasury Department Clarifies Confusion Concerning PPP Eligibility for Small Businesses

Articles

Small businesses are jumping at the opportunity to obtain loans under the Federal Paycheck Protection Program (PPP). The CARES Act provides $349 Billion for PPP loans, and the Trump administration had requested an additional $250 Billion in funding to the support the program. As of April 7, lenders had already lent $70 Billion of the funds committed to the program. However, there was some initial confusion concerning which businesses qualify for PPP loans. Under the SBA’s initial guidance, there was confusion as to whether small businesses needed to have less than 500 employees and meet any applicable revenue caps to […]

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Revised CDC Guidance for Critical Industry Workers

Articles

On April 8, 2020, Director Robert Redfield announced at a White House press briefing that the CDC was modifying it previous Guidance in order to allow workers in Critical Infrastructure businesses who had been exposed to the coronavirus to return to work if they did not have symptoms of the illness.  Prior guidance had been that any worker exposed to someone who tested positive for COVID-19 should self-quarantine for fourteen (14) days. The new Guidance can be found here, and the CDC has also issued a pdf summarizing this new approach for some workers. Director Redfield made clear this change […]

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AGC Safety Stand Down Provides Contractors an Opportunity to Address Coronavirus Health and Safety Practices

Articles

On April 9, 2020, more than 500 contractors and 31,000 employees participated in a Safety Stand Down supported by the AGC of America. The purpose of the Safety Stand Down was to provide these employers the opportunity to focus upon the coronavirus related health and safety measures in work places and on jobsites. As Brain Turmail, a spokesman for the AGC of America put it “You need to appreciate that your ability to continue operating construction projects is dependent upon ensuring that you are protecting your workers and, through that, protecting the public from the spread of the coronavirus. There’s […]

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Paycheck Protection Program – Additional Guidance and $250 Billion in Additional Funds Requested

News

On April 6th and April 7th, the Department of Treasury and Small Business Administration issued additional guidance for the Paycheck Protection Program in the form of “Frequently Asked Questions.” Importantly, these FAQs provide additional clarity on some key terms, and in some respects depart from prior guidance issued by the Department of Treasury and SBA, returning more closely to the original text of the Paycheck Protection Program outlined in the CARES Act. Among the FAQs: The exclusion for employee compensation in excess of $100,000 applies only to cash compensation The exclusion in compensation in excess of $100,000 (annualized) applies only […]

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Insurance Coverage, Liability and Exclusion During COVID-19

Articles

The COVID-19 crisis has affected virtually every aspect of business throughout the world, and the insurance industry is no exception. Quarantines, government ordered shutdowns and restrictions, sick employees and sick customers are just a few of the occurrences that will lead business owners, sooner or later, to ask “Do I have coverage for that?” As is true virtually every other time that question is asked, the answer is, “It depends.” There are two primary factors that control the answer: (1) the specific facts of your particular situation and (2) the specific language of your policy. This renders the making of […]

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COVID-19 and Mechanic’s Liens

Articles

While Virginians are living under Governor Northam’s executive orders, staying home and limiting unnecessary contact with others, Virginia construction projects are proceeding. With the progress on these projects, deadlines for perfecting and enforcing mechanic’s liens remain. The question then arises whether the recent orders by the Supreme Court of Virginia affect the deadlines for perfecting and/or enforcing mechanic’s liens. Having reviewed these orders, we recommend that contractors, subcontractors, and material suppliers proceed to record and enforce their mechanic’s liens as normal. Better to be safe than to risk losing the benefit of a lien. As a bit of background, on […]

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CARES Act: Paycheck Protection Program Update

Articles

Initial Guidance and Form Application published by Department of Treasury and the Small Business Administration Late on Tuesday, March 31, 2020, the Department of Treasury and the Small Business Administration issued initial guidance related to the Paycheck Protection Program. Included in this guidance is the form application for borrowers to use when applying for a covered loan under the Paycheck Protection Program. When can borrowers begin to apply for Paycheck Protection Program covered loans? The guidance from the Department of Treasury states that lenders participating in the Paycheck Protection Program will begin processing loan applications as soon as this Friday, […]

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CARES Act

News

Paycheck Protection Program: The following summary of Sections 1102 and 1106 of the CARES Act related to the Paycheck Protection Program should be read in connection with the following: 4/7/2020 Update: Paycheck Protection Program – Additional Guidance and $250 Billion in Additional Funds Requested 4/3/2020 Update: Interim Final Rule Paycheck Protection Program 4/1/2020 Update: Paycheck Protection Program Update Small Business Paycheck Protection Program and Loan Forgiveness Within the nearly 900 pages that outline the “Coronavirus Aid, Relief, and Economic Security Act” (the “CARES Act”) is the “Keeping American Workers Paid and Employed Act,” which contains the Paycheck Protection Program and […]

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