Blogs

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

Employment Law

Risks of Job-Related Criminal Background Checks, Part II

Part I of this article can be found here. The Fair Credit Reporting Act Having considering the perils summarized above, an employer who still decides to use employee criminal background checks faces additional restrictions under other federal statutory provisions, namely the Fair Credit Reporting Act (“FCRA”). An employer who uses consumer reports to make employment…

July 15, 2015

Employment Law

Risks of Job-Related Criminal Background Checks, Part I

Use of employment-related background checks by employers to discover information about the work history, education, criminal record, and financial history of job applicants has become ubiquitous. In one recent survey of employers, 92% of those responding stated that they subjected all or some of their job candidates to criminal background reports. The reasons for increased…

July 8, 2015

Construction

Issues with HVAC – Part 2

Part 1 of this piece can be accessed here. Specialty Improvements As mentioned above, the law is evolving to place greater obligations on landlords with respect to maintenance and repair. The landlords strike back by including onerous provisions in their commercial lease forms. Maintenance and repair of specialty improvements is no different. The form lease…

July 8, 2015

Bankruptcy, Restructuring and Creditors’ Rights

To Stay Clear of Stay Violations, Action May be Required

The automatic stay, imposed (automatically, of course) by the filing of a voluntary bankruptcy petition, is the most fundamental of protections offered by the Bankruptcy Code. The stay, governed by 11 U.S.C. § 362 , is designed to provide debtors with a “breathing spell” from creditors and the opportunity to liquidate or reorganize under the supervision of the bankruptcy court. It bars not only the commencement of any action against the bankruptcy debtor to collect debts, but also the…

July 2, 2015