Blog: Opinions & Observations

2026 Midsession Virginia Legislative Update

February 18, 2026

Today, February 18th, is Crossover Day! This is the day when the Virginia House of Delegates and Virginia Senate exchange bills that have been passed by their chamber and will be considered by the other. Any proposed bill that hasn’t been approved and passed on to the opposite chamber is dead for this session. A bill doesn't become law until both chambers approve it and the governor signs it. Key Bills and Proposed Changes to WatchFamily & Medical Leave –...

The EEOC Rescinded Its Harassment Guidance—So How Does This Affect Employers?

February 13, 2026

In January 2026, the U.S. Equal Employment Opportunity Commission (EEOC) voted to rescind its 2024 Enforcement Guidance on Harassment in the Workplace. For many employers, the headline raised an obvious question: Does this change what we’re supposed to do about harassment complaints?The short answer is no.What changed is the EEOC’s internal enforcement playbook. What did not change are the laws that govern workplace harassment – and the litigation risks...

Project Labor Agreements on Public Projects: What Virginia Contractors Need to Know Before Bidding

February 02, 2026

Project Labor Agreements (PLAs) are showing up more often in public construction procurement across the country — and increasingly here in Virginia. Many contractors, especially those not steeped in union labor relations, may be unsure what PLAs are, where they are required, and how they can affect competitive bidding and project performance. This primer breaks down current trends, what PLAs actually are, and practical steps contractors should take before...

Why Every Real Estate Investor Should Consider an LLC for Rental Properties

January 07, 2026

If you own a rental home or two, your personal assets might be more exposed than you think. Around one in three homes in Virginia is rented, and most of those properties are owned by everyday individuals rather than large institutions. Rental property can be a solid investment, but it also comes with inherent risks. A straightforward way to reduce that risk is to place your rental property in a limited liability company (LLC).What an LLC Actually...

How to Appeal an Approved Jurisdictional Determination (AJD) issued by the Army Corps of Engineers

November 19, 2025

Wetlands are highly protected under both federal and state law.  This is because wetlands provide many critical benefits. For example, wetlands act as giant sponges, soaking up stormwater and helping with flood control. They also filter out pollutants as water flows from the land into the rivers and seas, improving water quality.  And of course, wetlands provide a habitat for many types of plant and animal life.However, despite all of their benefits, the...

New Tort Law in Virginia Redressing the Nonconsensual Creation and Dissemination of Private Images

November 04, 2025

More than ever, courts are grappling with the digital age and its unique ability to abet sexual harassment.  Many State legislators have begun providing protections strengthening human principles such as consent, bodily autonomy, and privacy in and evolving area, colloquially referred to as “revenge porn”.  In 2017, the Virginia legislature adopted Virginia Code § 8.01-40.4, providing a civil remedy for those injured by the conduct criminalized under...

When One Policy Doesn’t Fit All: Managing Multistate Employment Law Patchwork

September 30, 2025

It used to be that a Virginia employer with a Virginia workforce could manage its people using a single set of policies. Those days are gone. Today, a Hampton Roads employer can post a remote job on Monday and, by Tuesday, find itself subject to pay transparency laws in Colorado, privacy rules in California, and noncompete limitations in Minnesota – all without opening an office there or sending a manager out of state.The reason is simple: jurisdictional...

How Student Debt is Handled in Divorce

August 06, 2025

In 2025, many couples have some form of student debt. Student debt can include debt strictly acquired to pay tuition costs and can also cover debt acquired during the pendency of the educational period to assist with living expenses.Can you be required to pay for your spouse’s student debt that is not in your name? Potentially. In equitable distribution, courts follow a process for dividing assets or property: (1) classify the property, (2) assign value...

New Laws in Virginia Effective July 1, 2025

June 25, 2025

Here is my annual summary of bills that will become law in Virginia on July 1st and a brief explanation of how they came about. The legislature sent 916 bills to Governor Youngkin. Initially, he signed 599 bills, amended 159 bills, and vetoed 157 bills. The budget (HB1600) was returned with 205 amendments and eight items vetoed. When the General Assembly reconvened, the House voted to lump most of the Governor’s 95 vetoes into a single block. Of those, 82...

Summer Employment Issues: 10 Legal Traps (and How to Avoid Them)

May 20, 2025

As the weather warms up, employers face unique legal challenges tied to the summer season. Whether it’s hiring interns, teenage workers, or hosting company outings, summer introduces a range of compliance issues that can create legal exposure if mishandled.This guide highlights 10 key summer employment issues with practical tips for staying compliant, particularly under Virginia and federal law.1. Summer Internships: Wage and Hour ComplianceSummer is...