The Library

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 […]

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 […]

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. […]

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 […]

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 […]

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 […]

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 […]

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 […]