Blog: Opinions & Observations
Highlights of Bills and New Laws in Virginia
July 01, 2018
Each January the Virginia General Assembly convenes to consider passing new laws and repealing old ones. Delegates and State Senators meet for six or eight weeks in alternating years with the extra two weeks in years when a budget is voted on, such as this year. Generally, the new laws become effective on July 1st with exceptions for either immediate or delayed enactment. This year the General Assembly considered 3,722 bills. Some were continued to the...
Read MoreWhen Is an Employer Liable for an Employee's Workplace Misconduct?
June 25, 2018
This month, the Fourth Circuit Court of Appeals issued a decision addressing when employers can be held liable for the actions of their employees. Garnett v. Remedi SeniorCare of Virginia, LLC concerned a situation where an employee went on sick leave for a day. While she was gone, her supervisor told her coworkers that she was having gynecological surgery and, therefore, must have an STD. The employee sued the supervisor and her employer for...
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Waterfront Property Owners: Riparian Rights vs. Oyster Aquaculture Companies
June 06, 2018
Riparian property rights are the reason that people pay extra to live “on the water”. A previous article from June 2013 explains why riparian property rights command such great value. The homes on Sandfiddler Road in Sandbridge, Virginia, give a practical example that further proves the premium value that the market attaches to riparian property rights. Up and down the five miles of Sandfiddler Road, the homes on the east side – the side facing the...
Read MoreBorrowed Servants on Virginia's Waterfront: A Muddied Predicament for Employers
May 30, 2018
Third party access to waterfront property has become a norm and necessity for most waterfront businesses. Preventing third party access often results in lost business opportunities and profits. In some cases, prevention can result in breach of contract or tortious interferences with business suits brought against the property owner and/or operator. Yet, allowing third party access complicates employment relationships at the worksite and the legal...
Read MoreDo Employers Have to Pay Interns Overtime or Minimum Wage?
May 17, 2018
With summer approaching, employers are hearing from college students looking for internships. In the past, the Department of Labor (“DOL”) made it almost impossible for “for profit” employers to establish unpaid internship programs that did not violate the Fair Labor Standards Act (“FLSA”). The DOL used a rigid, six-factor test that prohibited employers from gaining an immediate advantage from the intern’s activities, which severely limited the intern’s...
Read MoreNew Spousal Support Tax Changes Affect Payors and Payees
May 01, 2018
The Tax Cuts and Jobs Act (the “Act”) became law on December 22, 2017 and influences many areas of American life. Anyone who is contemplating divorce should understand how the Act treats spousal support payors and payees. For years, the tax code permitted the payor spouse to deduct his or her spousal support from the payor’s taxes. The payee spouse was required to include the support payment in his or her income. From a practical perspective, this...
Read MoreApril 24, 2018
In case you missed it, January 1 of this year (2018) ushered in a significant change in the world of limited liability companies and partnerships. Under the Bipartisan Budget Act of 2015 (“BBA”) the existing rules for auditing partnerships were replaced with an entirely new set of rules. In addition, the role of the “tax matters partner” was replaced with that of a “partnership representative”. Both of these changes are significant and impact the...
Read MoreImplied Certification: A New Trap for Unwary Federal Contractors
April 05, 2018
The False Claims Act (“FCA”),[i] has been around since 1863 and has been repeatedly amended by Congress. The FCA can result in liability to the government for treble damages, plus civil penalties up to $10,000, for each false claim for any person who knowingly presents, or causes to be presented, a false or fraudulent claim for payment to the government.[ii] Because a “claim” against the government includes any request for the payment of money, any...
Read MoreDoes Title VII Protect against Employment Discrimination Based on Sexual Orientation?
March 21, 2018
Most Americans are aware that Title VII of the Civil Rights Act of 1964 prevents discrimination by employers against employees “because of such individual’s race, color, religion, sex, or national origin.” In a highly-anticipated decision, the Second Circuit Court of Appeals, which covers several northeastern states, recently overturned its own precedent and became the second federal appellate court to find that Title VII protects individuals who are...
Read MoreFebruary 19, 2018
In Virginia, when a property owner fails to pay assessments to the community association, the association has the option of filing a judgment lien or a memorandum of lien against the owner’s property as a means of securing the debt. The benefit of a lien is that it attaches to the property of the debtor, which increases the likelihood that the secured debt will be paid. A lien will prevent the property owner from selling the property or refinancing...
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