Blog: Opinions & Observations
Borrowed 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...
Read MoreOut with the Old...in with the New...Planning for Divorce
January 22, 2018
As we begin a new year, many of us look to the future and begin to plan changes in our lives. Unfortunately, for many people the old adage “out with the old and in with the new” involves ending a marriage or other long-term relationship. As with any other major change in life, it is important to plan for a possible divorce or separation. Therefore, as we begin 2018 it might be helpful to review a few tips in planning for an impending divorce.Seek...
Read MoreConsult an Attorney before Making Changes to Employee Compensation to Avoid Violating FLSA
November 13, 2017
An employer in Ohio recently learned that Benjamin Franklin’s advice of “an ounce of prevention is worth a pound of cure” can be applied to employee compensation systems. When the new owner took over the Brown Derby Roadhouse restaurant, it decided to reclassify restaurant servers as independent contractors. In doing so, the owner implemented a “table renting” system, where the servers received no pay from the restaurant, kept all of their tips, but had...
Read MoreVirginia Intrastate Crowdfunding: SEC Amendments Leave Virginia Law Outdated
November 09, 2017
Many of us are familiar with crowdfunding, particularly reward-based crowdfunding through websites like Kickstarter and Indigogo. Reward-based crowdfunding allows companies to raise money from members of the public in exchange for prizes that vary depending on the amount of money you donate to the company’s project (e.g. $5 gets you a personalized Thank You from the CEO, $15 gets you a company t-shirt, etc.). This rewards-based funding model can also be...
Read More