Virginia’s Department of Labor and Industry Enacts COVID-Related Workplace Safety Standards

Requirements for employers and what employers should do now 

§ i6VAC25-220

By Samantha Stecker Otero

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Impact on Visa Holders from Proclamation Suspending Entry of Aliens

Summary of Impact on Current Visa Holders from Proclamation 10014 “Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak”  Effective June 24, 2020.  Processing of applications will continue in the US for ALL visa categories, including permanent residence.

The White House has issued another Proclamation “Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak” effective June 24, 2020 and remains in effect through December 31, 2020.  The Proclamation has far less of an impact than was rumored in advance of the Proclamation. 

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Who is impacted by White House Proclamation Suspending Immigration for 60 days?

Summary of 4/22/20 White House Proclamation Regarding Immigration

The White House has issued a “Proclamation” suspending travel to the US by individuals who will seek entry to the United States using an “immigrant visa” (a visa issued to individuals entering the US to become permanent residents). READ FULL ‘‘Proclamation.’’

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Coronavirus and a Remote Workforce: A Dual Review of Workers’ Compensation & Employment Law Concerns


SPECIAL EDITION | Coronavirus & Comp Updates

      • The effects of the coronavirus pandemic have caused many changes in how we work in Virginia.  Office workers and teachers are some of the many types of employees who have transitioned to working remotely because of Governor Northam’s Executive Orders closing schools and encouraging telework. With a large part of the workforce working remotely and/or from home, there are several issues for employers and carriers to consider.  

Workers’ Compensation Concerns

Arising Out Of

Added risks in the employee’s home workspace are likely to be “conditions of the work place” meeting the arising out of element of a workers’ compensation claim. 

Three Case Examples:

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Coronavirus, Nursing Homes and In-Home Care Providers

SPECIAL EDITION | Coronavirus & Comp Updates

      • Compensability and Burden of Proof

A nursing home employee or in-home health care professionals can prove a compensable coronavirus claim, by showing that their coronavirus diagnosis:

1. arose out of and in the course of the employment;

2. did not come from causes outside of work; and, 

3. that coronavirus is an infectious or contagious disease contracted in the course of employment in a nursing home or in the direct delivery of healthcare.

The second and third elements will likely be the most difficult to prove.  

Nursing Homes are at the Highest Risk of Being Affected

However, as COVID-19 spreads in the United States, confirmed cases in nursing homes and long-term care facilities have continued to rise. The Centers for Disease Control and Prevention (“CDC”) has indicated that nursing homes are at the highest risk of being

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All COVID-19 Related Updates From The Virginia Workers’ Compensation Commission (VWC) and More

SPECIAL EDITION | Coronavirus & Comp Updates

The Virginia Workers’ Compensation Commission (VWC) is responsible for carrying out the requirements of the Virginia Workers’ Compensation Act, while administering Virginia's workers’ compensation program, meeting legal requirements and providing various protections.

Also included are relevant updates from other organizations, such as the WCIO.  

We will continually update this article as announcements are made. Summaries appear below.

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Families First Coronavirus Response Act: FAQ’s for Employers

H.R. 6201

By Samantha Stecker Otero

Congress recently passed, and the President signed, the Families First Coronavirus Response Act (the “FFCRA”).  The FFCRA provides assistance to workers impacted by the COVID-19 pandemic.

There are two aspects of the FFCRA directly applicable to employers:

1. mandatory paid sick leave under the Emergency Paid Sick Leave Act (“Paid Sick Leave Act”) and,

2. expansion of medical leave under the Emergency Family Medical Leave Expansion Act (“Emergency FMLA”). 

The Paid Sick Leave Act and the Emergency FMLA become effective April 1, 2020 and last until December 31, 2020.

Employers and Employees Covered

The Emergency FMLA and Paid Sick Leave Act apply only to private employers with fewer

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Coronavirus and Workers' Compensation in Virginia - Part 4: Presumption Claims and the Unknown Effects of Coronavirus

SPECIAL EDITION | Coronavirus & Comp Updates

Read the full 4-part Workers’ Comp and COVID-19 Update.

At this point, the full impact of the coronavirus is unknown.  The American College of Cardiology’s website states that “the specific effects of COVID-19 on the cardiovascular system remain unclear, although there have been reports of acute cardiac injury, hypotension, tachycardia, and a high proportion of concomitant cardiovascular disease in infected individuals…we’re all

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McCandlish Holton's Response to COVID-19

McCandlish Holton wishes to assure our clients and the community that we are working to maintain full operations during the current health crisis. We are carefully following the regional and national updates on the spread and impact of COVID-19 (Coronavirus) to protect our employees, clients, and community.

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Emergency Declaration Relaxes Safety Requirements on Motor Carriers Directly Supporting COVID-19 Response

US Department of Transportation Issues National Emergency Declaration for Commercial Vehicles Delivering Relief in Response to the Coronavirus Outbreak

In the face of the COVID-19 pandemic, our country is relying upon the trucking industry to deliver all of the medical supplies and food we need in order to function and thrive in this unprecedented time.

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