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

DOWNLOAD 1 PAGE PDF WITH KEY POINTS FROM THIS SUMMARY

On July 15, 2020, Virginia became the first state in the country to adopt an Emergency Standard for COVID-Related Workplace Safety, which applies to all employers in the Commonwealth.  In essence, the regulations require employers to analyze their worksites and the tasks that each employee performs, in order to effectively categorize the COVID-related risks inherent in those workplaces and/or tasks.

Once the categorization of risk is made, employers will then be required to abide by various requirements for each level of risk. The Emergency Standard is in effect, however the requirements regarding training and implementation of infectious disease plans (for employers in the “very high”, “high” and “medium” risk categories) will not become effective for 30-60 days. Additional guidance will be forthcoming from DOLI.

Virginia employers will need to comply with the Emergency Standard or potentially face

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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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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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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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21 McCandlish Holton  Attorneys Named 2019 Virginia 'Legal Elite'

McCandlish Holton is pleased to announce that twenty-one of our attorneys are named  2019 'Legal Elite' by Virginia Business magazine. Each year Virginia Business asks attorneys throughout the Commonwealth to nominate their peers for distinction in 20 categories. The full list of 21 McCandlish Holton attorneys on this year’s Legal Elite list, recognized in 11 categories: 

ADMINISTRATIVE/GOVERNMENT:

Michael R. Ward

ALTERNATIVE DISPUTE RESOLUTION:

Michael H. Gladstone

Joseph M. Moore

Brennan C. Morrissett

BANKRUPTCY/CREDITORS' RIGHTS:

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Resolving Conflicts Between Emotional Support Animals in the Workplace and the Americans with Disabilities Act

The New Elephant in the Room

By: Mike Ward and Jonathan Gonzalez

The recent public discourse (and comedy) surrounding odd uses of animals for emotional support including squirrels and alligators, makes it easy to lose sight of the fact that many people suffering from diagnosed emotional or mental disabilities rely daily on animals of all types for emotional support.  Registrations of emotional support animals have risen exponentially over the past decade, which has resulted in a need for many, including employers, to confront those who claim to need animals for support.  Employers in Virginia may have legal justification for excluding disruptive animals from the workplace, but they should be aware of the potential compliance pitfalls under the Americans with Disabilities Act (ADA) before making quick decisions about animals brought by employees. 

Employee’s Use of Emotional Support Animals and Compliance with the ADA

Under the ADA, it is unlawful to discriminate against a person in employment on the basis of the employee’s actual, documented, or perceived disability.  This bar on disability discrimination extends to hiring, firing, promotion, pay, harassment, and other significant employment decisions.  While the ADA’s main purpose is to protect the rights of the disabled in the workplace, the law is conscious of the needs of employers to maintain safe and effective workplaces.  The ADA requires an employer to make reasonable accommodations for an

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The New Overtime Rule for Exempt Employees

By: Samantha S. Otero, Business Law Practice Group

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McCandlish Holton Ranked Tier 1 by U.S. News “Best Law Firms” 2020

McCandlish Holton is recognized for 11 practice areas in the 2020 edition of US News – Best Lawyers “Best Law Firms.” The firm received metropolitan Richmond Tier 1 ratings in Immigration, Commercial Litigation, Immigration Law, and Personal Injury Litigation – Defendants. Eight additional practice areas earned Richmond Metro ratings. See the full ratings here:  U.S. News – Best Lawyers “Best Law Firms” 2020.

Tier 1 - Richmond Metropolitan Area

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Case Analysis: Falling Asleep Behind the Wheel

By: Esther King, Esq. 

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2018 Annual Review of Virginia Workers' Compensation Trends

By: Amanda Tapscott Belliveau, Esq. 

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