VIRGINIA EMPLOYMENT ASSISTANCE:
Gov. Ralph Northam has directed the commissioner of the Virginia Employment Commission to waive the one-week waiting period for people to receive unemployment benefits. Also, the normal requirement that those receiving unemployment benefits must conduct two job searches a week is being waived. In addition, the governor’s office said Virginians may be eligible to receive unemployment benefits if:
RESOURCES AND LINKS
Gov. Ralph Northam has directed the commissioner of the Virginia Employment Commission to waive the one-week waiting period for people to receive unemployment benefits. Also, the normal requirement that those receiving unemployment benefits must conduct two job searches a week is being waived. In addition, the governor’s office said Virginians may be eligible to receive unemployment benefits if:
- their employer needs to “temporarily slow or cease operations due to the coronavirus outbreak”;
- they have been issued a notice to self-quarantine by a medical or public health official and are not receiving paid sick or medical leave from their employer; or
- they must stay home to care for an ill family member and are not receiving paid family medical leave from their employer.
RESOURCES AND LINKS
- Updated CDC Guidance: Collection and Submission of Postmortem Specimens from Deceased Persons with Known or Suspected COVID-19
- CDC: Certifying Deaths Due to Coronavirus Disease (3 minute YouTube video) 5/4/2020
- Returning to Healthy Business Operations in the Age of COVID-19: Advance Planning Checklist and Considerations 5/12/2020
- The Commonwealth of Virginia - COVID-19 Response PPE Distribution Strategy 5/6/2020
- PPE Tips, Tricks, and Suppliers 4/27/2020
- Businesses
- Families First Coronavirus Response Act: Employee Paid Leave Rights
- VDH Considerations Associated with Cancelling or Modifying an Event in Response to COVID-19 3/11/2020
- VDH Interim Guidance: Considerations for Businesses and Employers, Coronavirus Disease 2019 (COVID-19) 3/8/2020
- CDC Guidance for Businesses and Employers
- U.S. Small Business Administration to Provide Disaster Assistance Loans for Small Businesses Impacted by COVID-19 3/19/2020
- Families First Coronavirus Response Act (FFCRA or Act) 3/24/2020
- Information on SBA Paycheck Protection Program Loans 4/6/2020
- Paycheck Protection Program Loan Guide - U.S. Chamber of Commerce 4/6/2020
- SBA and Treasury Announce PPP Re-Opening; Issue New Guidance 1/11/2021
- CARES Act Opportunities - If you were unable to receive a PPP Loan 5/8/2020
- Emergency Virginia Department of Labor and Industry Regulations Governing Employers’ Obligations to Employees Issued on Friday, June 12, 2020
- COVID-19 Emergency Temporary Standard from VOSH Program and Virginia DOLI 7/15/2020
- Virginia Employment Commission
- Attention Workers Whose Job Has Been Affected by the Coronavirus 3/13/2020
- Q&A on Claims Related to Coronavirus
- In addition, at this writing the U.S. Senate is considering the U.S. House of Representatives-passed Families First Coronavirus Response Act that currently contains these provisions:
- Guarantees 10 paid sick days (80 hours) to full-time workers, prorated for part-time workers.
- Temporarily extents the Family and Medical Leave Act (FMLA) provide paid leave to employees working for a business with fewer than 500 employees.
- Permits employers to claim a quarterly tax credit against payroll taxes for payments for sick days and family and medical leave up to an amount that does not exceed the business’ total payroll taxes paid in that quarter.
- Department of Labor Poster on Employee Rights 3/30/2020
- Legal Advice: Members with employment questions specific to their situation should contact their attorney for legal advice as may be necessary.
On Thursday, December 10, 2020, Governor Northam issued Executive Order 72 that contains new restrictions due to concerns over increases in new COVID-19 cases in the Commonwealth.
According to the Order, all individuals in Virginia should remain at their place of residence between the hours of 12:00 a.m. and 5:00 a.m. Individuals may leave their residences for the purposes that include obtaining food, beverages, goods, or services as permitted in the Order; seeking medical attention, essential social services, governmental services, assistance from law enforcement, or emergency services; taking care of other individuals or animals; traveling required by court order or to facilitate child custody, visitation, or child care and traveling to and from a place of worship or work. The Order also imposes a reduction in the number of people allowed for in person gatherings from 25 people to a limit of 10 people. This applies to indoor and outdoor gatherings but does not apply to religious services, employment settings, or educational settings. Readers will recall previous clarification from the Governor’s office that funeral are deemed religious service if there is a religious component. In our opinion, visitations without a religious component are classified as social gathering, thus the new limit will apply to visitations in those circumstances. The Order modifies the mask mandate to require all Virginians aged five and over to wear face coverings in indoor settings shared with others and when outdoors within six feet of another person. There are some exemptions for mandate.
The new measures take effect at 12:01 a.m. on Monday, December 14 and remain in place through January 31, 2021, unless rescinded or amended.
The full order can be read here
Also, as a reminder, below are our questions regarding the previous order with the answers from the Governor’s office in red font. There is nothing in the new order that changes these answers, however we have taken the liberty to change the number “25” to “10” to comport with the new Order.
1)- The order explains that the presence of more than 10 individuals performing functions of their employment or assembled in an educational instructional setting is not a “gathering.” However, are businesses required to include employees along with nonemployees within the limit of 10 that gather at the place of business for events that are not religious services? Employees (and non-employees such as a minister, organist, soloist, etc.) should not be counted in the 10 persons gathered to attend a funeral.
2)- Do the limits apply per room of a facility or to the entire facility? A facility may host wholly separate gatherings of up to 10 persons per room.
3)- May a funeral home allow rotation of visitors so long as no more than 10 people are gathered at any one time in the room/facility? This would be permissible so long as the groups of 10 persons remain separate at all times.
4)- Amended Executive Order 67 does not limit attendance at religious services to the lower of either 250 people or 50% of occupancy limits of the room/facility. Does this order repeal or supersede the provisions of Executive Order 61 that had such limits? The guidance for "religious services" is as follows:
Individuals may attend religious services of more than 10 people subject to the following requirements:
a. Individuals attending religious services must be at least six feet apart when seated and must practice proper physical distancing at all times. Family members, as defined below, may be seated together.
b. Mark seating and common areas where attendees may congregate in six-foot increments to maintain physical distancing between persons who are not Family members.
c. Any items used to distribute food or beverages must be disposable, used only once and discarded.
d. Practice routine cleaning and disinfection of frequently-contacted surfaces must be conducted prior to and following any religious service.
e. Post signage at the entrance that states that no one with a fever or symptoms of COVID-19 is permitted to participate in the religious service.
f. Post signage to provide public health reminders regarding physical distancing, gatherings, options for high risk individuals, and staying home if sick.
g. Individuals attending religious services must wear cloth face coverings in accordance with Amended Executive Order 63, Order of Public Health Emergency Five. h. If religious services cannot be conducted in compliance with the above requirements, they must not be held in-person.
According to the Order, all individuals in Virginia should remain at their place of residence between the hours of 12:00 a.m. and 5:00 a.m. Individuals may leave their residences for the purposes that include obtaining food, beverages, goods, or services as permitted in the Order; seeking medical attention, essential social services, governmental services, assistance from law enforcement, or emergency services; taking care of other individuals or animals; traveling required by court order or to facilitate child custody, visitation, or child care and traveling to and from a place of worship or work. The Order also imposes a reduction in the number of people allowed for in person gatherings from 25 people to a limit of 10 people. This applies to indoor and outdoor gatherings but does not apply to religious services, employment settings, or educational settings. Readers will recall previous clarification from the Governor’s office that funeral are deemed religious service if there is a religious component. In our opinion, visitations without a religious component are classified as social gathering, thus the new limit will apply to visitations in those circumstances. The Order modifies the mask mandate to require all Virginians aged five and over to wear face coverings in indoor settings shared with others and when outdoors within six feet of another person. There are some exemptions for mandate.
The new measures take effect at 12:01 a.m. on Monday, December 14 and remain in place through January 31, 2021, unless rescinded or amended.
The full order can be read here
Also, as a reminder, below are our questions regarding the previous order with the answers from the Governor’s office in red font. There is nothing in the new order that changes these answers, however we have taken the liberty to change the number “25” to “10” to comport with the new Order.
1)- The order explains that the presence of more than 10 individuals performing functions of their employment or assembled in an educational instructional setting is not a “gathering.” However, are businesses required to include employees along with nonemployees within the limit of 10 that gather at the place of business for events that are not religious services? Employees (and non-employees such as a minister, organist, soloist, etc.) should not be counted in the 10 persons gathered to attend a funeral.
2)- Do the limits apply per room of a facility or to the entire facility? A facility may host wholly separate gatherings of up to 10 persons per room.
3)- May a funeral home allow rotation of visitors so long as no more than 10 people are gathered at any one time in the room/facility? This would be permissible so long as the groups of 10 persons remain separate at all times.
4)- Amended Executive Order 67 does not limit attendance at religious services to the lower of either 250 people or 50% of occupancy limits of the room/facility. Does this order repeal or supersede the provisions of Executive Order 61 that had such limits? The guidance for "religious services" is as follows:
Individuals may attend religious services of more than 10 people subject to the following requirements:
a. Individuals attending religious services must be at least six feet apart when seated and must practice proper physical distancing at all times. Family members, as defined below, may be seated together.
b. Mark seating and common areas where attendees may congregate in six-foot increments to maintain physical distancing between persons who are not Family members.
c. Any items used to distribute food or beverages must be disposable, used only once and discarded.
d. Practice routine cleaning and disinfection of frequently-contacted surfaces must be conducted prior to and following any religious service.
e. Post signage at the entrance that states that no one with a fever or symptoms of COVID-19 is permitted to participate in the religious service.
f. Post signage to provide public health reminders regarding physical distancing, gatherings, options for high risk individuals, and staying home if sick.
g. Individuals attending religious services must wear cloth face coverings in accordance with Amended Executive Order 63, Order of Public Health Emergency Five. h. If religious services cannot be conducted in compliance with the above requirements, they must not be held in-person.