Blog: Opinions & Observations
February 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Read MoreVirginia Intrastate Crowdfunding: SEC Amendments Leave Virginia Law Outdated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 MoreDeciphering Who Is a Joint Employer
October 20, 2017
If your company uses contract labor or temporary staffing, recent agency actions and court decisions may have turned your company into a joint employer who is legally responsible for its contract workers’ overtime pay. Traditionally, companies were not considered joint employers unless they had direct control over the wages and other conditions of employment of another company’s employee. However, Obama-era agency actions significantly broadened the...
Read MoreVirginia Supreme Court Creates New Uniform Scheduling Order for Eminent Domain/Condemnation Cases
September 11, 2017
Virginia Supreme Court Rule 1:18 governing scheduling orders in civil cases was recently amended by the Virginia Supreme Court, effective August 1, 2017. The amendment creates a new Uniform Condemnation Scheduling Order (the “New Scheduling Order”) that may ease the time crunch facing condemnors and condemnation counsel face in finding and disclosing rebuttal witnesses. A link to the new Rule 1:18 is included at the end of this column. The Virginia...
Read MoreCan Local Governments Discipline Employees for Violation of their Social Media Policies?
August 08, 2017
Earlier this year the Fourth Circuit decided a case that pitted two fundamental interests against each other: a public employee’s First Amendment right to free speech and the government’s ability to provide efficient and effective service to the public. In the age of social media, the historic tension between these two interests has only become more contentious.In Grutzmacher v. Howard County, 851 F.3d 333 (4th Cir. 2017), a battalion chief of Maryland’s...
Read MoreA Look at Virginia's New Laws Affecting Community Associations
July 10, 2017
The new bills signed into law on July 1, 2017 affecting Virginia community associations help clarify obligations and requirements ranging from governing documents and disclosure forms to assistance animals and disability documentation. These new laws aim to decrease uncertainty and improve understanding of purchasers and associations. Since the Virginia Supreme Court decided the case of Tvardek v. Powhatan Vill. Homeowners Ass’n, 291 Va. 269 in February...
Read MoreSame or Equivalent: Placing Employees Returning from FMLA Leave
May 22, 2017
On May 16, 2017, the Fourth Circuit Court of Appeals issued a written opinion addressing two issues regarding the placement of returning employees. The Court held that employers have a choice on whether to restore an employee returning from FMLA leave to the employee’s old position or to assign the employee to an “equivalent” one, which may give employers more flexibility in making staffing decisions.Under the Family and Medical Leave Act (“FMLA”),...
Read MoreMay 12, 2017
On May 11, 2017 the Navy announced that approximately 94,000 gallons of jet fuel (JP-5) were released from a bulk “fuel farm” at Naval Air Station Oceana. The spilled fuel leaked into a waterway that carried the JP-5 into the surrounding community where it reached nearby residential properties. A multi-agency government team is working to contain and then clean up the spill. The federal laws that force the spiller to clean up the spill are the Resource,...
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