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Maryland and Virginia have issued emergency orders that require most people to stay at home or otherwise prohibits gatherings of more than 10 people and shut down businesses deemed non-essential in an effort to mitigate and contain the spread of COVID-19. These orders, however, exempt businesses deemed essential by Maryland and Virginia. Businesses deemed essential include transportation and logistics companies as these companies are delivering food supplies and equipment necessary for everyday life. Maryland On March 18, 2020, Governor Larry… Read More

Everyone knows to wear a seat belt. Some cars even have sticker warnings, while other car systems flash warning signals when the car starts, but how many drivers adhere to these warnings? Who is at fault if someone doesn’t wear a seat belt and gets hurt? Is it the employer? Is it the employee? The Virginia Workers’ Compensation Act (the “Act”) is the governing statute that controls how and if a claimant can recover from a workplace related injury in… Read More

Along with panic buying toilet paper, hand sanitizer, and hand soap, mocking the COVID-19 or “Wuhan” Coronavirus has become something of a pastime of mine. Efforts to cash in on the bad news are not limited to investments, snake oil, and hoarding food, we’re also seeing CNN podcasts and continuing legal education seminars on the subject. Not wanting to make light of what could be a very serious situation – eventually – I found myself wondering how this might actually… Read More

When evaluating alleged corporate misconduct, courts regularly look to the language of a company handbook when determining whether policies and procedures conform with (or violate) state and federal law. How confident are you in the text of your policy manual? Does your company handbook go too far? For example, does your company handbook limit how drivers may spend their downtime? If so, the policy should be reconsidered to avoid prospective liability. Case in point, in January, the U.S. Court of… Read More

On Friday, the U.S. Department of Labor (DOL) issued additional guidance regarding the Families First Coronavirus Response Act (FFCRA). Given the rapidly developing legal issues surrounding the Act, we are providing the DOL guidance to you. See attached FFCRA Employer Paid Leave Requirements and FFCRA Employee Expanded Family and Medical Leave Rights. The DOL guidance indicates that there will be an initial non-enforcement or trial period for the first 30 days -- as long as the employer is acting reasonably… Read More

Federal Tax Credits for Small and Midsize Businesses to Recover Costs of Coronavirus-Related Leave On March 20, 2020, the U.S. Treasury Department, Internal Revenue Service (IRS), and the U.S. Department of Labor (Labor) announced that small and midsize employers can begin taking advantage of two new refundable payroll tax credits, designed to immediately and fully reimburse them, dollar-for-dollar, for the cost of providing Coronavirus-related leave to their employees. https://www.irs.gov/newsroom The Act will give all American businesses with fewer than 500… Read More

We want to thank you for your patience during this very challenging situation. During the coronavirus (COVID-19) outbreak, our focus is on the safety and well-being of our employees, who are vitally important to support you and your business, as well as the safety and continued service of our clients. Despite the day-to-day uncertainty we all face, Setliff Law remains fully operational and firm attorneys and staff continue to work diligently to serve our clients. I wanted to personally assure… Read More

A “nuclear verdict” is generally and most simplistically defined as a jury award in excess of $10 million. These types of verdicts are most often associated with trucking cases and are typically a combination award of punitive and compensatory damages. It is no secret nuclear verdicts have been on the rise, coast to coast. This trend, particularly when combined with the recent soft market, has resulted in an average insurance premium renewal rate increase of approximately 20 percent or more.… Read More