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Virginia Employers: Prepare to Provide Accommodations for Pregnant Employees

Sunday, June 21st, 2020

Effective July 1, 2020, Virginia employers with 5 or more employees must be prepared to address and provide pregnancy-related accommodations to its employees. Similar to the Americans with Disabilities Act, the new law requires Virginia employers to engage in a timely, good faith interactive process to determine if a reasonable accommodation can be provided to an employee with limitations related to pregnancy, childbirth, or related medical conditions, specifically including lactation. This process starts once an employee requests an accommodation related to pregnancy, childbirth, or a related medical condition and/or notifies the employer that the employee is pregnant. Additionally, as further discussed below, employers are required to provide an employee with a summary of the non-discrimination and accommodation aspects of the law within 10 days of the employee providing notice of the pregnancy.

The new law provides a non-exhaustive list of reasonable accommodations, including:

  • more frequent or longer bathroom breaks,
  • breaks to express breast milk,
  • access to a private location other than a bathroom for the expression of breast milk,
  • acquisition or modification of equipment or access to or modification of employee seating,
  • a temporary transfer to a less strenuous or hazardous position,
  • assistance with manual labor,
  • job restructuring,
  • a modified work schedule,
  • light duty assignments, and
  • leave to recover from childbirth.

Employers must only provide an accommodation if it is reasonable. If an employee requests an accommodation that the employer considers unreasonable, the process does not stop there – the employer must discuss alternative accommodations. The accommodation must also not cause undue hardship on the business. Factors considered in determining whether an undue hardship exists includes the hardship on the conduct of the employer’s business, the size of the facility where the employee works, and the nature and cost of the accommodation. If Virginia courts adopt a similar undue hardship analysis applied in federal ADA cases, undue hardship will likely to be difficult for employers to prove.

The new law also provides a few nuances that even the most well-intentioned employers could fall victim to if not careful. Importantly, especially as employees are returning to the workplace during the COVID-19 pandemic, employers are prohibited from requiring an employee to take leave if another reasonable accommodation can be provided to the employee’s known limitations related to pregnancy, childbirth, or related medical conditions, including lactation. Employers must also be cognizant of accommodations provided to employees with medical conditions other than pregnancy as the new law presumes that the accommodation would not cause an undue hardship if already provided to a different employee.

If an employee believes that that the employer failed to reasonably accommodate the employee’s pregnancy or pregnancy-related condition, the employee can file suit against the employer. A successful employee can recover up to one year of back pay, interest, compensatory damages (which are uncapped), injunctive relief, and attorney’s fees.

Employers also have an affirmative duty to notify employees of their rights and requirements under the new law. Specifically, employers must:

  • include in their employee handbook notice of the law’s provisions banning unlawful discrimination based on pregnancy and pregnancy-related conditions and the employee’s rights to reasonable accommodation;
  • post a summary of the law where other legally-required postings are located;
  • provide a summary of the law to new employees; and
  • provide a summary of the law to pregnant employees within 10 days of the employee providing notice that the employee is pregnant.

The Virginia Department of Labor is expected to release a form employers can use for this purpose. Employers have until October 29, 2020 to comply with the notice requirements.

Virginia employers must be prepared to comply with this new law as of July 1. Please contact our Employment Team if you have any questions.

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What You Can Expect When Visiting Gentry Locke During the COVID-19 Crisis

Wednesday, May 20th, 2020

Until further notice, we request visitors to our offices cooperate with our efforts to reduce the health risks associated with the current COVID-19 crisis:

  • Please call ahead and schedule all visits to our office.
  • Prior to your appointment, please let us know if you, your client, or a member of your party: (1) have become ill with symptoms associated with COVID-19 (e.g. fever, shortness of breath, coughing, upset stomach, body aches), or (2) have been exposed to or have come into close contact with someone who has become ill with symptoms associated with COVID-19 or who has been diagnosed with COVID-19 within the past 14 days.
  • During your visit to the office, please use good health hygiene, including no handshakes, hugs, covering coughs and sneezes, hand washing or sanitizing, and wearing a mask if you use the restroom facilities.
  • We encourage the liberal use of hand sanitizer.  Containers of hand sanitizer are located throughout the office.  If you cannot find one, please ask.
  • Social distancing will be used throughout your visit as much as possible.  Please sit only in designated seating areas to help maintain social distancing.
  • Face Coverings and Masks
    • Face coverings are recommended if you have not been fully vaccinated.
    • If you do not have a mask, we will gladly provide one for you.

We look forward to a time when we can resume more traditional means of in-person greetings and interactions, but the infectious nature of this virus requires all of us to be more reserved. Gentry Locke is doing its part to reduce the risk of transmission. We ask your indulgence and cooperation.  If for any reason you find any of these guidelines objectionable, we will be glad to discuss them with you. Unfortunately, until federal and state guidelines change, we believe these ground rules are needed to protect our workforce and to provide a healthy and safe work environment for you.

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Gentry Locke Welcomes Partner Erin Harrigan

Thursday, April 23rd, 2020

RICHMOND, Va. (April 23, 2020) – The Virginia law firm of Gentry Locke is pleased to announce that Erin Harrigan has joined as a partner in the Criminal & Government Investigations practice.

Harrigan served as Assistant United States Attorney in the Western District of Virginia, based in Charlottesville, where she was the Lead Prosecuting Attorney for the Organized Crime & Drug Enforcement Task Force (“OCDETF”) and was nationally recognized for her work with the OCDETF National Director’s Award. As a federal prosecutor, Harrigan also prosecuted and investigated public corruption, regulatory offenses, human trafficking and fraud cases of local origin and involving multi-national corporations. She previously worked for the Virginia Attorney General’s office handling criminal matters in the trial and appellate courts, and focused on human trafficking and gang/organized crime.

As both a federal and state prosecutor, Harrigan is well known for her work in human trafficking. In addition to involvement in active litigation, she has been a sought after speaker and advisor in the field of human trafficking. Among many events, Harrigan spoke at American Bar Association events advising corporations how to protect themselves from being caught up in human trafficking investigations. She was invited by the Dutch government to consult at the Hague and in Amsterdam with five other countries on strategies to combat sex trafficking of children globally.

About Gentry Locke

With more than 60 lawyers practicing across a range of disciplines, Gentry Locke brings uncommon thinking and deep experience to the legal and business challenges of companies, institutions, organizations and individuals—a commitment the firm has met since 1923. Operating from offices in Roanoke, Lynchburg, and Richmond, Virginia, Gentry Locke serves clients in Virginia and across the United States. Meet the firm’s dynamic attorneys and learn more about its fierce drive to achieve success for its clients by exploring www.gentrylocke.com.

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Gentry Locke Welcomes Andrew Gay Back to its Lynchburg Office

Thursday, April 23rd, 2020

LYNCHBURG, Va. (April 23, 2020) – The Virginia law firm of Gentry Locke is pleased to announce that Andrew O. Gay has rejoined the firm in its Lynchburg, Virginia office. Gay will work in the firm’s commercial litigation practice group, where he will focus on assisting clients with complex construction contracts and construction litigation.

“Andrew grew up working in the construction industry, so he understands firsthand the processes and challenges that contractors and developers face. He’ll be a terrific asset to our construction, road-building, and I-81 practice,” said Managing Partner, Monica T. Monday.

Gay has significant experience in construction claim and defect litigation, as well as contract drafting and negotiations. He has represented a variety of clients in the road and bridge, residential, commercial, aerospace, and utility sectors, including national home builders, ENR-ranked contractors, national material suppliers, local and regional subcontractors, design professionals, and a variety of owners and developers.

Gay received his B.S. degree in Construction Management from Everglades University and his J.D. from Liberty University School of Law. He is licensed to practice in Virginia and Florida.

About Gentry Locke

With more than 60 lawyers practicing across a range of disciplines, Gentry Locke brings uncommon thinking and deep experience to the legal and business challenges of companies, institutions, organizations and individuals—a commitment the firm has met since 1923. Operating from offices in Roanoke, Lynchburg, and Richmond, Virginia, Gentry Locke serves clients in Virginia and across the United States. Meet the firm’s dynamic attorneys and learn more about its fierce drive to achieve success for its clients by exploring www.gentrylocke.com.

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Considerations for Employers: Conflicting Advice from State and Federal Leaders

Friday, April 17th, 2020

One month after issuing “15 Days to Slow the Spread,” the first national coronavirus guidelines, President Donald J. Trump and the Federal coronavirus task force on Thursday issued “Guidelines for Opening America Again.”

The Federal guidance is intended as direction to state Governors who must now make decisions on if and win to lift various lockdown and stay-at-home orders that have closed schools, shuttered businesses, and left many wondering what’s next?

In Virginia, Governor Ralph Northam recently extended his Executive Order closing entertainment businesses and severely limiting other non-essential retail establishments until May 8, 2020.  His “stay-at-home” order is in effect until June 10.

Employers and businesses may now have to consider how to handle potentially conflicting advice from state and Federal leaders.  Or do they?

Current Virginia Guidance

The Commonwealth of Virginia is under a state of emergency declared by Governor Ralph Northam.

The governor has issued two executive orders, one closing a number of retail businesses and limiting the circumstances under which others can operate, and another ordering state residents to stay home unless conducting ‘essential’ activity. You can read more about those orders here.

New Federal Guidelines

The new Federal guidelines are designed to inform state decisions on reopening as the outbreak subsides.  State governments will still make the decisions, but these guidelines establish broad parameters through which they should make these decisions.

The guidelines establish a gating criteria that includes a decline in a level of influenza activity, a downward trend in the number of confirmed cases, and excess hospital capacity.

When those states meet that criteria, they can proceed into a phased reopening.

Under phase one, individuals will be asked to continue social distancing and limiting the number of people in crowds. Employers will be allowed to reopen in phased shifts, but are encouraged to continue teleworking and asked to close common areas. Schools, large venues, and bars should remain closed.

Under phase two, individuals are asked to continue moderate social distancing and the number of people in crowds will be limited to 50.  Employers will be allowed to bring more people back to work, but common areas will still be closed. Some larger venues will be allowed to operate, and all bars and restaurants will be allowed to reopen though with some moderate social distancing guidelines.

Under phase three, individuals are allowed to return to normal activities and employers are allowed to return to normal operations.

Considerations

On the surface, it may appear that there is conflicting state and Federal advice.  But in reality, the federal guidelines are designed to inform the decisions of state governments – where most of the decisions will be made.

Employers will have to consider first the state orders, but should also consider the federal guidelines as those state orders change.

Employers and businesses not impacted by current executive orders, including professional services, manufacturing, or other non-retail businesses, may already continue to operate though they should continue to consider policies on social distancing, telework, the use of PPE, sanitation and temperature checks.

For specific questions regarding your business, you should consult a Gentry Locke attorney. Gentry Locke’s Government & Regulatory Affairs team is closely monitoring the actions of state and local governments throughout the coronavirus outbreak as part of Gentry Locke’s coronavirus response team. If you have questions about how your business or organization may be affected by state action, please call us at 866.983.0866

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20 Gentry Locke Lawyers Named as Super Lawyers and Rising Stars

Monday, April 13th, 2020

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 practice for 10 years or less. New to Super Lawyers Rising Stars this year is Andrew Bowman.

Managing Partner Monica Taylor Monday and Partner K. Brett Marston were also included on this year’s “Top 100” list.

Super Lawyers, which distinguishes the top 5 percent of attorneys in each state in more than 70 practice areas, recognizes those who have attained significant peer recognition and professional achievement.

Gentry Locke’s 2020 Virginia Super Lawyers include:

Thomas J. Bondurant, Jr. (Criminal Defense: White Collar)

Matthew W. Broughton (Personal Injury General: Plaintiff)

Gregory D. Habeeb (Business Litigation)

Guy M. Harbert, III (Personal Injury General: Defense)

Kevin Walker Holt (Business Litigation)

Paul G. Klockenbrink (Employment Litigation: Defense)

Brett Marston (Construction Litigation)

Monica Taylor Monday (Appellate)

David Paxton (Employment & Labor)

Glenn W. Pulley (Business Litigation)

William R. Rakes (Business Litigation)

Scott Sexton (Business Litigation)

Bruce C. Stockburger (Business/Corporate)

Gentry Locke’s 2020 Virginia Super Lawyers Rising Stars include:

Andrew Bowman (Intellectual Property)

Charles R. Calton (Personal Injury General: Plaintiff)

Christen C. Church (Health Care)

Andrew D. Finnicum (Personal Injury General: Plaintiff)

Jeffrey P. Miller (Civil Litigation)

Jonathan D. Puvak (Land Use/Zoning)

Ashley W. Winsky (Civil Litigation: Defense)

About Gentry Locke

With more than 60 lawyers practicing across a range of disciplines, Gentry Locke brings uncommon thinking and deep experience to the legal and business challenges of companies, institutions, organizations and individuals—a commitment the firm has met since 1923. Operating from offices in Roanoke, Lynchburg, and Richmond, Virginia, Gentry Locke serves clients in Virginia and across the United States. Meet the firm’s dynamic attorneys and learn more about its fierce drive to achieve success for its clients by exploring www.gentrylocke.com.

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

Friday, April 10th, 2020

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 to cash compensation and not to non-cash benefits like employer contributions to retirement plans or group health care coverage.
    • Prior guidance from the Department of Treasury and the application for the Paycheck Protection Program itself indicated a per employee cap on “payroll costs” (which would include wages and benefits) of $100,000, but the approach of these FAQs is more in line with the text of the CARES Act.
  • The period for calculating average monthly payroll costs is the last 12 months or calendar year 2019.
    • Borrowers have the option of using either the prior 12 months or calendar year 2019 to calculate average monthly payroll costs. The average monthly payroll costs will then be multiplied by 2.5 to determine the maximum loan amount (with adjustment in certain instances for Economic Injury Disaster Loan recipients).
    • Prior guidance from the Department of Treasury, and the application for the Paycheck Protection Program itself, indicated borrowers should use calendar year 2019 to calculate average monthly payroll costs, however, the addition of the option for the prior rolling 12 month calculation is more in line with the text of the CARES Act.
  • Borrowers should not deduct employee federal tax withholdings when calculating average monthly payroll costs
    • These FAQs clarify that payroll costs are calculated on a gross basis and are not reduced by the taxes required to be withheld from employees.
    • Many lenders had struggled with language in the text of the CARES Act which specifically excluded certain federal taxes “imposed or withheld” from certain calculations of “payroll costs.” The initial guidance issued did not assist in clarifying this issue, with such guidance calling for the exclusion from the definition of “payroll costs,” the “income taxes required to be withheld from employees.”  These FAQs should address lender concerns.
  • An application in process may be updated to reflect the guidance provided in these additional FAQs.
    • The FAQs provide that borrowers do not need to take any action in response to the updated FAQs. However, if a borrower has previously submitted an application and it has not yet processed, the borrower may revise its application to reflect the guidance provided in the most recent FAQs.
    • The additional clarity and guidance included in these FAQs are likely to increase the maximum loan amount a borrower may be eligible for, therefore, it may be beneficial to review the calculations in your pending application and discuss with your lender. If you have not yet submitted your application, review your  calculations to confirm your numbers reflect the most recent guidance.

On April 7, 2020,  Senate Majority Leader McConnell, Secretary of Treasury Mnuchin, and President Trump each separately announced that an additional $250 Billion would be requested to fund the Paycheck Protection Program.  If approved, this would result in approximately $600 Billion being deployed in the form of forgivable loans to eligible borrowers under the program.

We do anticipate additional FAQs will continue to be posted on the SBA and the Department of Treasury websites.  Additional guidance related to the Paycheck Protection Program and associated loan forgiveness continues to be issued on a rolling basis, and the rules remain largely fluid as the government works through administering a program, the scope of which we have never experienced.

We will continue to monitor guidance as it is received, and additional information may be found at www.sba.gov and www.treasury.gov .

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CARES Act

Friday, April 3rd, 2020

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 associated loan forgiveness.

The Paycheck Protection Program is a low interest loan (a “covered loan”) that is eligible for up to 100% principal forgiveness if certain requirements are met by the borrower. Borrowers can generally borrow up to 2.5 times the borrower’s average monthly payroll costs (capped at $10 Million).  Covered loans will be deployed through the Small Business Administrations’ (SBA’s) 7(a) loan program, but these are not typical SBA 7(a) loans.  The covered loans under this program are unsecured, no guarantors are required, and the loans are made without fees paid by borrowers.

If the borrower uses the covered loan funds for covered expenses (payroll costs, rent, utilities, etc.) during an 8-week measurement period that begins when the loan is made, the borrower will be eligible to have up to the entire principal balance of the loan forgiven.  This forgiveness amount may be reduced in certain instances, including if there is a reduction in work force or if salaries of employees are materially reduced.

Payments by borrowers toward covered loans will be eligible for deferment for no less than six months and no more than one year.  We are awaiting guidance from the SBA on how these payment deferments may be requested by borrowers.

Any portion of a covered loan that is not forgiven will continue to be guaranteed by the SBA, with a maximum interest rate of 4% and a maximum maturity date of 10 years.

We anticipate that additional guidance from agencies, like the SBA, will be forthcoming to address remaining questions and ambiguity associated with the text of the CARES Act.

Below are some frequently asked questions we have received, along with answers based on the information in the version of the CARES Act passed by the Senate and House of Representatives this week, and signed into law by President Trump today.  The below FAQs specifically reference provisions of Section 1102 (the Paycheck Protection Program) and Section 1106 (Loan Forgiveness) of the CARES Act.

FAQ

 Who is eligible for the Paycheck Protection Program?

  • Businesses, including both for profits and 501(c)(3) nonprofits, employing fewer than 500 employees (or possibly more than 500 if the SBA small business designation for your industry is more than 500 employees). Sole proprietors, independent contractors and self-employed individuals are also eligible to receive these covered loans.  There are very few exceptions.
  • The language of the CARES Act contains a “Sense of the Senate” section stating the SBA should issue guidance to lenders to prioritize small business, rural, women owned, veteran, businesses in operation less than 2 years, etc.

Is there any requirement for a borrower to prove alternative funds are not available or to demonstrate the scope of the detrimental impact of COVID-19 on your business?

  • NO, there is no requirement in the CARES Act for a borrower to prove that alternative funds are not available.
  • NO, there is no requirement in the CARES Act to demonstrate the scope of COVID-19’s impact on your business. Borrowers must provide “a good faith certification…that the uncertainty of the current economic conditions makes necessary the loan request to support the ongoing operations of the eligible recipient”

What is the maximum amount of a covered loan?

  • In general, the maximum amount of the loan that can be taken as a covered loan is 2.5 times average monthly “payroll costs” of the borrower for the year prior to loan being made (capped at $10 Million). There is an alternative measurement period if the borrower was not in existence for a full year prior to receiving a covered loan.
  • “payroll costs” include things like wages, health care benefits, retirement benefits, certain taxes assessed on employee compensation. There are also some exclusions, including  “the compensation of an individual employee in excess of an annual salary of $100,000 as prorated for the covered period” as well as certain sick leave and family leave wages for which an employer is eligible for a credit under the Families First Coronavirus Response Act. We anticipate additional guidance from the SBA on how to calculate a borrower’s “payroll costs” including what amounts to exclude from these calculations will be forthcoming.

What can the loan funds be used for?

  • There are several allowable uses of covered loans including payroll, healthcare benefits, rent, utilities, interest on certain debt obligations. To be eligible for forgiveness, the borrowed funds must be used for covered expenses during the 8-week period after the loan proceeds are received.

What is the process for obtaining the loan?

  • This is to be determined. The expectation from the Trump Administration is that the process should be streamlined, with applications to be provided to approved lenders and the loan processed very quickly, within a day or two.
  • The covered loans will be deployed using the 7(a) SBA loan program. The expectation is that additional lenders will be approved, but one thing that businesses can do now is to check with your lender to see if they are already approved lenders under the 7(a) SBA loan program.

How are loans forgiven?

  • To be forgivable, the covered loan funds need to be used during the 8-week period beginning on the date the covered loan is made for covered expenses. Borrowers will be eligible for forgiveness of indebtedness on a covered loan in an amount equal to the sum of payroll costs, interest on any covered mortgage obligation (but not prepayment of principal), covered rent obligations, covered utility payments, up to the principal amount of the covered loan. The amount of the covered loan that is forgiven will not be included in gross income of borrower.
  • The amount forgiven will be reduced proportionately if the number of full-time equivalent employees is less than the number employed 2/15/19-6/30/2019 or 1/1/2020-2/29/2020 (employer choice on measurement dates) or if comp has a significant reduction, more than 25 percent, and with some exceptions (for example, reductions related to employees earning above $100,000 per year).
  • If an employer has reduced its workforce or reduced wages prior to applying for or receiving the covered loan, there is a provision that allows the employer to rehire employees or increase salary in accordance with the terms of the CARES Act, and the temporary reduction in salary or workforce will not be counted against the employer in calculating the forgiveness amount.
  • The borrower will submit an application for loan forgiveness to its lender with associated documentation and certification from borrowers and we anticipate additional guidance will be forthcoming from the SBA.

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Virginia emphasizes social distancing rules with new “Stay-at-Home” order

Tuesday, March 24th, 2020

Virginia Governor Ralph Northam added the Commonwealth to the growing ranks of states with so-called “stay-at-home” orders, issuing Executive Order 55 in the latest effort to battle the spread of the coronavirus.

Executive Order 55 is the furthest use of the governor’s executive power, but relative to his previous actions is only an incremental step that moves from encouraging people to stay home to ordering such action.

The governor strongly encouraged Virginians to stay home as he announced the latest action, but in reality there is little difference from his previous actions. You should stay home unless your activity is “essential” as defined under the two applicable executive orders.

Background

Previously the governor issued Executive Order 53, limiting all restaurants and entertainment establishments to carry-out or delivery, banning all in-person gatherings of more than 10 people, requiring all non-essential retail establishments to either close or stay under the 10-person limit for gatherings.

That order stays in effect and remains the primary guidance on what actions business should take. In summary, Virginia:

  • Closed K-12 schools for the remainder of the school year
  • Banned all gatherings of more than 10 people statewide
  • Closed all “recreation and entertainment” businesses
  • Limited all restaurants, bars, and food establishments to offering carry-out or delivery only
  • Required all “non-essential” retail businesses to limit the number of patrons to no more than 10, and require they always practice social distancing

You can read more on that order by clicking here.

Executive Order 55

The new order builds on those previous actions and goes a step further to orders individuals to stay home unless conducting an essential activity – such as buying food or medical supplies or traveling to work that cannot be done remotely.

E.O. 55 requires all Virginians to “remain at their place of residence,” with a few exceptions including:

  1. Obtaining food, beverages, goods, or services as permitted in Executive Order 53;
  2. Seeking medical attention, essential social services, governmental services, assistance from law enforcement, or emergency services;
  3. Taking care of other individuals, animals, or visiting the home of a family member;
  4. Traveling required by court order or to facilitate child custody, visitation, or child care;
  5. Engaging in outdoor activity, including exercise, provided individuals comply with social distancing requirements;
  6. Traveling to and from one’s residence, place of worship, or work;
  7. Traveling to and from an educational institution;
  8. Volunteering with organizations that provide charitable or social services; and
  9. Leaving one’s residence due to a reasonable fear for health or safety, at the direction of law enforcement, or at the direction of another government agency.

The order also incorporates all of the guidelines issued in the previous order.

E.O. 55 also reinforced the prohibition on gatherings of more than 10 people, limited all public institutions of higher education to online instruction, closed all public and private campgrounds, and closed all public beaches except for fishing.

While Governor Northam stated publicly, he expects law enforcement to urge compliance before making arrests or issuing tickets, by law the new order is punishable as a class 1 misdemeanor, which means up to 1 year in jail or a $2,500 fine.

The so-called “stay-at-home” order is designed to further limit the spread of the coronavirus. Previously state officials had only encouraged people to stay home and taken steps to increase social distancing or close “non-essential” businesses. The new order, which now applies to individuals, is the most drastic action to date but also represents an incremental change from previous state actions.

Gentry Locke’s Government and Regulatory Affairs team is closely monitoring the developments related to state government as part of Gentry Locke’s coronavirus response team. If you have questions about how your business or organization may be affected by state action, please call us directly at 866.983.0866.

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AGC of America Provides a Summary of the CARES Act

Tuesday, March 24th, 2020

In addition to the excellent summary of the CARES Act prepared by our colleague, Christen Church, the AGC of America has prepared its own summary of the CARES Act, which specifically addresses the impact of the act on the construction industry. A link to the AGC of America’s summary can be found here.

 

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