Blogs

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

Employment Law

Holidays and Calculating FMLA Leave

The Family and Medical Leave Act (FMLA) has been around for about 30 years. It is straightforward in its purpose: to provide eligible employees with unpaid leave to bond with a newborn, newly adopted, or newly placed child, care for a seriously ill child, spouse, or parent, or to care for their own serious health…

June 1, 2023

Estate Planning

The Complexities of Elder Law: A Guide for Seniors and Their Families

Navigating the complexities of elder law is crucial for seniors and their families. Understanding the unique aspects of this legal field can help protect the interests and well-being of older adults. This guide aims to provide an overview of the various areas of elder law and help families make informed decisions. Elder law is a specialized field of legal practice that focuses on the unique needs and issues facing seniors. It encompasses various aspects, including estate planning, long-term…

May 30, 2023