Blogs

Employment Law

NLRB Ruling in Browning-Ferris Industries Case Is Likely to Have a Significant Impact on Employers who Utilize Contract and Temporary Employees

In a landmark decision on Thursday, the National Labor Relations Board (“NLRB” or “Board”), by a 3-2 vote, determined that its long-standing “joint-employment jurisprudence” had grown “increasingly out of step with changing economic circumstances, particularly the recent dramatic growth in contingent employment relationships, i.e., shift work, contract workers, and temporary employee relationships[,]” across the U.S.

August 31, 2015

Construction

NLRB Ruling in Browning-Ferris Industries Case Is Likely to Have a Significant Impact on Employers who Utilize Contract and Temporary Employees

A new ruling by the National Labor Relations Board could impact the relationship between developers, construction companies and their workers. In a landmark decision on Thursday, the National Labor Relations Board (“NLRB” or “Board”), by a 3-2 vote, determined that its long-standing “joint-employment jurisprudence” had grown “increasingly out of step with changing economic circumstances, particularly…

August 31, 2015

Construction

D.C.’s Historic Preservation Laws – Not the Zoning Regulations – Remain the Biggest Impediment for Pop-Up Development

Much has been written about “pop-ups” in the District of Columbia, including a summary of the pop-up dispute and proposed changes to the D.C. zoning regulations on this blog last fall. The lengthy and contentious public debate culminated in new zoning regulations, effective on June 26, 2015, that ostensibly limit pop-up development in some areas…

August 19, 2015

Business and Financial Services

5 Ways for Business Owners to Protect Their Assets

Asset Protection is often a concern for business owners; particularly if they are engaged in a business with high incidents of litigation (such as doctors, home builders or other construction contractors for example). Structuring your business as a corporation, limited partnership or limited liability company is a great first step to protect personal assets from business liabilities. However, in our experience, many business owners do not follow the formalities necessary to maintain a limited…

August 13, 2015

VA Benefits – Know What’s Out There

For many family members helping to care for an elderly or disabled loved one, entitlement programs can be challenging to understand; particularly when there may be many demands on your time and resources may be stretched thin. However, they can also serve as a much-needed supplement to income and provide other valuable benefits. If you have a loved one who served in the military, there may be VA benefits available to them (or their surviving spouse or other dependents) that you should know…

August 13, 2015

Employment Law

Is an Extended Leave Request a Reasonable Accommodation?

Consider the following scenario. You are an employer to which the FMLA and ADA apply. One of your employees has been on unpaid FMLA leave due to medical conditions that have required ongoing treatment by a team of doctors. The employee has exhausted all of his sick leave and paid time off and is nearing…

August 5, 2015

Construction

Arlington County Board Approves the Retail Action Plan

On Saturday, July 18, the County Board approved the Retail Action Plan by a vote of 4 to 1, with direction to further amend some facets of the proposed plan. Board Member Libby Garvey voted against the Plan. During a rather extensive discussion which focused a great deal on the feedback that Board Members and…

July 29, 2015

Employment Law

Happy Birthday: The Americans with Disabilities Act Turns Twenty-Five

July 26, 2015 marked the twenty-fifth anniversary of The Americans with Disabilities Act (“ADA”), which created comprehensive federal protections for individuals with disabilities in all areas of public life, including the workplace, providing equal access to the same employment opportunities and benefits available to persons without disabilities. In signing the law into effect twenty-five years…

July 27, 2015

Employment Law

VA Employers’ Liability for Security and Workplace Violence

Violence in the workplace has become a growing concern for businesses and business owners across the country. In Virginia, employers of all sizes are actively considering, many for the first time, whether it would be prudent to have extra security personnel on hand and wondering whether they can be held liable for actions taken by…

July 22, 2015

Construction

Sign, sign, everywhere a sign (ordinance): Reed v. Town of Gilbert, the First Amendment and Signs

On June 18, 2015, the United States Supreme Court ruled in Reed v. Town of Gilbert that an Arizona town’s sign ordinance unconstitutionally regulated the content of speech posted on signs within the town. Like so many modern localities, the Town of Gilbert had adopted a sign ordinance regulating signage within the town, including the…

July 22, 2015