Blogs

Employment Law

NLRB Adopts Employee-Friendly Standard for Evaluating Workplace Rules

On August 2, 2023, the National Labor Relations Board (NLRB) adopted a new standard for evaluating when employer workplace rules will be found to have a “reasonable tendency” to discourage employees from exercising their right under Section 7 of the National Labor Relations Act (NLRA) to form, join, or assist with labor organizations, to bargain…

August 8, 2023

Employment Law

Unraveling the Legal Labyrinth of Workplace Retaliation Claims

Unlawful retaliation in the workplace, whether under Title VII of the Civil Rights Act, or under state civil rights or whistleblower protections, is a pivotal situation – the EEOC received more than 28,000 retaliation complaints in 2022 – and involves complex areas of employment law, requiring a nuanced understanding for employers to effectively navigate the…

July 10, 2023

Employment Law

Will Liability Waivers Bar the Families of the Titan Expedition Victims from Recovering Damages?

You likely know the story by now. What started as an intrepid expedition to take a close-up look at the wreck of the Titanic using an experimental submersible vehicle named Titan to descend 12,500 feet below the surface of the north Atlantic Ocean, ended with the subsequent discovery of the Titan in pieces scattered on…

July 5, 2023

Construction

Arlington County Releases Langston Boulevard Area Plan

Arlington County has finally unveiled the draft Langston Boulevard Area Plan after a lengthy review process. The Langston Boulevard Area Plan will be a comprehensive vision for the corridor’s future. This article will focus on three crucial aspects of the plan and what effect there may be for property owners along Langston Boulevard. Preserving Cultural…

July 5, 2023

Construction

What Contract Terms are Legally Required for Virginia Residential Contracting Projects?

Virginia law has licensing regulations that spell out specific terms that must be included in all residential contracting. These regulations apply broadly to construction and renovation work and are spelled out clearly at 18 VAC 50-22-260. There are some nuances to the type of projects and contractors to which these regulations apply. The first and…

July 3, 2023

Employment Law

Employee Noncompetes Violate Federal Labor Law, According to NLRB General Counsel

In a shot across the bow to U.S. businesses, National Labor Relations Board (NLRB) General Counsel (GC) Jennifer Abruzzo recently issued a memo to all NLRB Regional Directors, Officers-in-Charge, and Resident officers making clear her view that “the proffer, maintenance, and enforcement” of non-compete provisions in employment agreements violate the National Labor Relations Act (NLRA),…

June 27, 2023

Employment Law

Avoiding Improper Employee FLSA Classifications

In a prior post, I discussed the five “white-collar” exemptions to the Fair Labor Standards Act’s (“FLSA”) minimum wage and overtime pay requirements. This post addresses the consequences of improperly classifying employees as exempt, identifies common classification mistakes, and offers suggestions and recommendations to ensure proper classification. Consequences of Improper Classification The ramifications of improperly classifying…

June 26, 2023

Estate Planning

Safeguarding Your Loved Ones: Essential Elder Law Planning for Families

The need for tailored elder law planning for families cannot be overstated. This blog aims to provide guidance on key aspects of elder law planning that specifically benefit family members, helping them navigate the complex legal landscape. Involving family members in estate planning is crucial. Fostering open communication and discussions ensures that everyone’s wishes are respected. Addressing family dynamics and potential disputes proactively can prevent conflicts down the road, and…

June 22, 2023

Employment Law

NLRB Ditches Trump-Era Independent Contractor Test – Reverts to 2014 Obama Standard

In The Atlanta Opera, 372 NLRB 95 (2023), a decision that may have particular significance for gig-economy businesses relying extensively on independent contractors, such as DoorDash and Lyft, the National Labor Relations Board (Board) got rid of its Trump-era independent contractor test under the National Labor Relations Act (NLRA) that had focused special significance on…

June 21, 2023

Employment Law

A Practical Guide to FLSA Exemptions

The federal Fair Labor Standards Act (“FLSA”), which applies to nearly all private-sector employers in the United States, establishes an important distinction between (1) non-exempt (a.k.a. hourly) workers, who are subject to the FLSA’s minimum wage and overtime requirements, and (2) exempt (a.k.a. salaried) workers, who are exempt from such requirements. The most common FLSA…

June 14, 2023