The spread of COVID-19 has disrupted, and will continue to disrupt, the construction industry. A recent survey conducted by the Associated General Contractors of America states that 28% of member firms have already halted or delayed work on projects due to COVID-19, while 11% of firms report possible delays in jobs scheduled to start a month or more out. In these uncertain times, many design professionals will be scrutinizing their contracts in order to clarify their own liabilities and those of their clients, including force majeure clauses, common law doctrines and contractual damages provisions.

The U.S. Department of Labor (DOL) provided a preview of its implementation of the new federal sick leave mandated by the Families First Coronavirus Response Act (CRA) passed on March 18, 2020. The release refers to an exemption available to businesses with fewer than 50 workers from the extended childcare-related leave provisions “where the viability of the business is threatened.”

On March 18th, New York’s Governor signed the COVID-19 Leave Law which provides emergency paid sick leave and job protected leave to certain New York-based employees who have been impacted by COVID-19. 

On March 18, 2020, President Trump signed into law H.R. 6201, known as the Families First Coronavirus Response Act (the “Act”), in response to the COVID-19 crisis. It provides for employer-paid leave to employees from April 2, 2020 through the end of the year.

The recent COVID-19 pandemic and related control measures by the federal, state and local governments have given rise to many questions from our clients concerning force majeure clauses in contracts. A force majeure clause allocates the risk of unforeseen supervening events that were not contemplated by the parties when they entered into the business relationship or transaction. Generally, force majeure events include acts of God, natural disasters, epidemics, terrorism, government actions, embargos, labor strife and other events that disrupt an otherwise stable and functional business relationship.

Richmond partner Jim Cosby again served as planning chair and a principal speaker for the program Current Developments in Arbitration, jointly sponsored and presented by Virginia CLE, a Division of the Virginia Law Foundation, and the Virginia State Bar/Virginia Bar Association Joint ADR Committee, to a broad audience.  The program focused on the latest developments […]

On Tuesday March 10, the California Supreme Court issued its long-awaited opinion regarding employee standing to file Private Attorney General Act (PAGA) claims in Kim v. Reins International Corporation. A PAGA action is a form of representative qui tam action. An employee steps into the shoes of the government to sue an employer on behalf of […]

Due to the many unknown and developing variables and growing concerns about the spread of COVID-19, O’Hagan Meyer would like to take the time to let you know that we are assessing the situation daily and following all Federal, State and Local guidelines. We have established protocols and policies to maintain operations at all our office locations as well as virtually.

Tina Samuel-Priestley of our Charlotte office will serve as a panelist in the Mecklenburg County Bar’s “Increasing Diversity in the Legal Profession” conference on March 7, 2020. The one-day conference is designed to encourage diverse students to explore a career in the legal profession. The event is highlighted by a keynote speech by Chief Justice Cheri Beasley, the first African-American woman to serve as Chief Justice of North Carolina’s highest court.

Read what Kevin O’Hagan had to say about EPL Insurance trends at the 2019 Professional Liability Underwriting Society (PLUS) Conference, held in November in National Harbor, MD in this month’s Insurance Journal Magazine. He discusses the intricacies of bio-metric information, cannabis legalization, ADA and the internet and sexual harassment.