Hantzes & Associates | Employment & Business Law

Contact Us Today: 703-378-5000

  • Home
  • About
  • Our Practice
    • For Employers
    • For Employees
    • Business Law
    • Commercial and Residential Real Estate Law
    • Malpractice Law
  • Blog
  • Contact
  • X Close
Hantzes & Associates | Employment & Business Law

Call: 703-378-5000

  • Home
  • About
  • Our Practice
    • For Employers
    • For Employees
    • Business Law
    • Commercial and Residential Real Estate Law
    • Malpractice Law
  • Blog
  • Contact
  • X Close
We Deliver Real Solutions For Real Legal Problems

State delegate joins suit to overturn COVID-19 regulations

On Behalf of Hantzes & Associates | Sep 29, 2020 | Firm News |

As the COVID-19 virus has spread across the country, various states have tried various means to control the pandemic. Virginia’s governor Ralph Northam has led the way with tighter restrictions on many businesses, especially restaurants and similar establishments. In an effort to either repeal the state’s COVID-19 safety regulations or soften their impact, the Virginia Manufacturers Association commenced a lawsuit to challenge safety regulations adopted by the state’s Safety and Health Codes Board in July. Now, a state delegate has joined the lawsuit on the side of the businesses.

The legal issues

The state delegate who recently joined the case admitted that some measures might be “in order” but that the governor’s actions go too far. The lawsuit alleges that the state’s temporary rules are “impermissibly vague” and that the board failed to follow the state’s administrative processes in considering and adopting the rules. The lawsuit also asserts that the temporary rules incorporate several executive orders issued by Gov. Northam that are alleged to be “illegal” executive orders. Among the allegedly illegal orders are rules requiring masks in indoor activity and phased social restrictions.

The temporary rules specify a maximum penalty of $13,000 for a single violation and up to $130,000 for repeat violations. The rules also call for whistleblower protection for employees who notify the department of Labor and Industry of alleged violations.

The Governor’s response

Gov. Northam said he imposed the rules because he thought that the decision of the Occupational Safety and Health Administration to refrain from imposing national regulations was a mistake. The Northam administration has thus far successfully defended 15 lawsuits challenging the governor’s authority to use executive orders to impose regulations intended to limit the spread of the virus.

The long view

This lawsuit is far from final resolution. Media reports of the case do not clearly describe the case’s procedural status. Because it involves very few, if any, genuine issues of fact, the case is likely to be resolved through motions raising and arguing the various legal issues. Any business owner who feels that the regulations are too harsh or procedurally flawed may wish to consult an experienced business and employment attorney for advice on whether an intervention in the case is advisable.

Recent Posts

  • 3 times employees can sue for bad-faith termination
  • What is the standard of care in a medical malpractice case?
  • How a company’s culture can encourage sexual harassment
  • When can employers refuse to honor a severance agreement?
  • What standards must lawyers uphold?

Archives

  • July 2025
  • June 2025
  • May 2025
  • April 2025
  • March 2025
  • February 2025
  • January 2025
  • December 2024
  • November 2024
  • October 2024
  • September 2024
  • August 2024
  • July 2024
  • June 2024
  • May 2024
  • April 2024
  • March 2024
  • February 2024
  • January 2024
  • December 2023
  • November 2023
  • October 2023
  • September 2023
  • August 2023
  • July 2023
  • June 2023
  • May 2023
  • April 2023
  • March 2023
  • February 2023
  • January 2023
  • December 2022
  • November 2022
  • October 2022
  • September 2022
  • August 2022
  • July 2022
  • June 2022
  • May 2022
  • April 2022
  • March 2022
  • February 2022
  • January 2022
  • December 2021
  • November 2021
  • October 2021
  • September 2021
  • August 2021
  • July 2021
  • June 2021
  • May 2021
  • April 2021
  • March 2021
  • February 2021
  • January 2021
  • December 2020
  • November 2020
  • October 2020
  • September 2020
  • August 2020
  • July 2020
  • June 2020
  • May 2020
  • April 2020
  • March 2020

Categories

  • Business Law
  • Business Litigation
  • Employment Law – Employers
  • Employment Law – Workers
  • Firm News
  • Professional Malpractice
  • Uncategorized
  • Wage and Hour Disputes
  • Workplace discrimination

RSS Feed

Subscribe To This Blog’s Feed

FindLaw Network

Contact Us Now

Get the answers you need for moving forward

Hantzes & Associates | Employment & Business Law

Office Location

10513 Judicial Dr.
#100
Fairfax, VA 22030

Phone: 703-378-5000

Fax: 703-448-4434

Fairfax Office
  • Follow
  • Follow
Review Us

© 2025 Hantzes & Associates • All Rights Reserved

Disclaimer | Site Map | Privacy Policy | Business Development Solutions by FindLaw