The Library

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 […]

With emerging concerns surrounding the COVID-19 (or “coronavirus”), companies face a growing number of issues, despite the fact that there are still no reported cases of the coronavirus in Virginia. This is a fluid situation, and Gentry Locke is keeping abreast of the ever-changing developments with the coronavirus. We have put together a team to follow the latest updates so we may advise our clients regarding the best practices to handle employee-related issues involving leaves of absence, the ADA, company travel, OSHA requirements, and other business-related matters that may relate to the coronavirus. We also encourage you to visit the […]