Blogs

Construction

Underground Vaults in Virginia

A fairly new policy change from Dominion Power could mean delays in the process of receiving final site plan approval, which could delay the construction process. Virginia Dominion Power has notified local jurisdictions of a change in policy regarding where underground vaults must be placed for new developments. Vaults must now be placed on property…

October 14, 2015

Divorce and Family Law

The Seven Things You Wish You Knew At the Beginning of Your Divorce

In my spare time, I host a workshop on the separation and divorce process, bringing together professionals who help people through this difficult time in their lives. From therapists to financial planners, private investigators and me, the lawyer, we try to provide helpful information for the participants who are beginning this journey so they can learn from the mistakes we have seen others make. Often, other speakers have themselves gone through the process. When such a speaker attends, he or…

October 7, 2015

Construction

Fairfax County Proposes Updates to the Zoning Ordinance

Fairfax County is proposing amendments to the Planned Residential Mixed-Use (PRM) and Planned Development Commercial (PDC) zoning districts that would have a dramatic effect on future projects. Responding to comprehensive planning guidance for increased density and mixed-use projects in Transit Station Areas, Commercial Revitalization Areas and Commercial Revitalization Districts, the proposed changes would allow projects…

September 16, 2015

Employment Law

President Obama to Order Paid Sick Leave for Federal Contract Workers

Federal contractors take notice: on Labor Day 2015, in a display of solidarity with workers and organized labor, President Barack Obama signed an executive order requiring paid sick leave for employees of federal government contractors. By some estimates, the executive order is likely to affect more than 300,000 employees of federal contractors who presently receive…

September 9, 2015

Litigation

Latent Drunk Driving

In March, we analyzed the Supreme Court of Virginia’s holding in Sarafin v. Commonwealth , wherein the drunk driving conviction of an occupant of a vehicle, passed out in his driveway with the key turned to auxiliary, was affirmed. The Court’s theory was that the statute only requires an intoxicated person to be “in actual physical control” of a vehicle on a highway to be guilty of drunk driving. In July, the Circuit Court of Fairfax County heard a case presenting a similar defense and reached…

September 1, 2015

New Laws in Local Jurisdictions

A number of new laws went into effect in Virginia, Maryland and the District of Columbia as of July 1, 2015. These include the following: In Virginia : Employers are no longer permitted to require workers or job applicants to disclose their social media usernames or passwords, nor can they require employees to “friend” them on Facebook; Police must obtain a warrant to use drones in an investigation; Uber, Lyft and other ridesharing companies must conduct criminal and sex offender background…

September 1, 2015

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