Blogs

Divorce and Family Law

Family Law Attorney and Counsellor at Law

In a recent custody proceeding, my co-counsel and I picked up on the fact that the father and mother were noticeably absent from the child’s birthday photos the father’s counsel introduced in evidence. Relying upon a hunch, we explored this topic in cross-examination. In her ruling, the judge indicated that her disgust with the fact that the father did not attend and prevented the mother from attending the boy’s birthday party significantly impacted her decision. It was a calculated gamble…

April 29, 2015

Employment Law

New Law Limits Virginia Employers’ Access to Social Media Accounts

If you have questions related to this article, please contact our Employment Law attorneys: Doug Taylor rdougtaylor@beankinney.com or Maureen Carr mcarr@beankinney.com. Effective July 1, 2015, employers in Virginia will be prohibited from requesting usernames and passwords for social media accounts of current employees or applicants. Specifically, Va. Code 40.1-28.7:5 will prohibit employers from: Requiring a…

April 27, 2015

Construction

Update on the Arlington County Retail Action Plan

On April 22, 2015, Jill Griffin of Arlington Economic Development shared with NAIOP the progress being made on the update to the Arlington County Retail Plan (the “Retail Plan”). Following the County Board work session in January, the Retail Plan has undergone some further refinements. The number one theme which emerged during the County Board…

April 27, 2015

Construction

Unanimous Approval for 2025 Clarendon Boulevard

On March 14, 2015, the County Board of Arlington County unanimously approved a 4.1 Site Plan Special Exception, Rezoning and General Land Use Plan Amendment to allow Carr Properties to build over 195,000 square feet of office and ground floor retail space in Arlington’s Courthouse neighborhood. To accomplish the project, the application also included a…

April 22, 2015

Construction

Development Community Comments on Recent GFA Memo

Recently, the Arlington County subcommittee for NAIOP met with Bob Duffy and members of the County staff to discuss the County’s February 9, 2015 Memo regarding policies related to GFA calculation for site plan projects in Arlington County. The Arlington Department of Community Planning, Housing and Development recently issued a memo outlining how GFA is…

April 1, 2015

Business and Financial Services

Potential Pitfalls of Terminating an Employee who Requests Extended Leave

An employee who requests time off due to a medical or disability-related issue may have rights under the Family and Medical Leave Act or FMLA, the Americans with Disabilities Act or ADA and state and local corollaries to those laws. Depending on the factual circumstances, one or more of these laws can apply simultaneously to the same employee. The overlap of these statutes can create a “perfect storm” of laws because it is so easy to get lost or disoriented in trying to follow them. Consider…

April 1, 2015

Employment Law

Virginia May Soon Join Maryland in Prohibiting Employers from Asking for Social Media Passwords

Virginia appears poised to join Maryland and a handful of other states that ban employers from asking current employees and applicants for access to their social media accounts, like Facebook. Earlier this month, the Virginia legislature passed a bill that precludes an employer from requesting or compelling an employee to: 1) divulge passwords or usernames…

March 26, 2015

Construction

What’s in a Name?: Properly Appealing Adverse Zoning Determinations

Recently, the Virginia Supreme Court clarified how property owners appealing adverse zoning determinations must style their case and who must be named as a party to such a proceeding. In Frace v. Johnson, the Virginia Supreme Court held that the landowner had not properly appealed an adverse zoning determination to the Fairfax Circuit Court where…

March 25, 2015

Employment Law

All Legally Married Same-Sex Couples Now Covered Under FMLA

Effective March 27, 2015, the Family and Medical Leave Act, or FMLA, will extend coverage to all legally married same-sex couples to take FMLA leave to provide care for their spouse. FMLA leave entitles eligible employees, as defined by the statute, to take unpaid leave for a “qualifying event” for a period of up to…

March 24, 2015

Construction

Arlington County Board Adopts Amendments to the Zoning Ordinance (with a Few Exceptions)

The Arlington County Board recently approved, with a few exceptions, the proposed amendments to the Arlington County Zoning Ordinance. The amendments to Articles 1-18 and Appendices A and B, to incorporate a use classification system; update use tables and definitions; update use standards, including new standards for short term uses and accessory uses; allow off-site…

March 18, 2015