Blogs

Employment Law

The Pregnancy Discrimination Act Requires Equal Treatment

The Pregnancy Discrimination Act requires that employers treat pregnant employees the same as non-pregnant employees who suffer from some injury or sickness that occurred outside of work. In our last post, we reviewed the D.C. Fire Department’s change to their pregnancy policy. In this post we take a look at what the Pregnancy Discrimination Act…

June 29, 2011

Employment Law

When are Employee Pregnancy Policies Considered Unequal Treatment?

Earlier this week, D.C. Fire and Emergency Medical Services Department changed its policy regarding pregnant firefighters. The change limits pregnant firefighters to 30-days of light duty during and after pregnancy. Tom Sherwood from NBC 4 in Washington, DC reports: In a move to cut overtime and other administrative costs, the department is now limiting pregnant…

June 24, 2011

Construction

Fixing the Construction Problem Apparently Does Eliminate Insurance Coverage

A Virginia federal court has ruled that by proactively replacing defective drywall rather than waiting to get sued and found liable, a contractor was left without liability insurance coverage. This decision should send shivers down the spine of not just contractors, but also owners and developers. The builder, Dragas Management, built 70 houses in the…

June 22, 2011

Employment Law

Department of Labor Releases “DOL – Timesheet” App for iPhone

The Wage and Hour Division of the Department of Labor recently released a timesheet application on the Apple iTunes store. On May 9, 2011, “DOL – Timesheet” became available for download. The application allows employees to keep track of hours worked and amount of pay owed including overtime. Through the app, employees are able to…

June 8, 2011

Construction

Summer Update for Construction Professionals

Construction professionals in 2011 faced a wide range of legal and regulatory developments affecting contracts, mechanic’s liens, employment issues, and project administration. In this Bean, Kinney & Korman article published in the BKK Construction & Land Use Newsletter, Juanita F. Ferguson provides an overview of important legal issues affecting contractors, subcontractors, owners, and developers. The article highlights how even relatively small changes in case law, statutory requirements,…

June 1, 2011

Employment Law

Distracted Driver Collects Workers’ Compensation Benefits

A distracted employee driving for work may still be entitled to workers’ compensation benefits even if the distraction contributed to the accident. In this Bean, Kinney & Korman article published in the BKK Employment Law Newsletter, the analysis explains that the Virginia Workers’ Compensation Commission awarded benefits to an employee who was injured in a motor vehicle accident she claimed was caused by a work-related cell phone. The article notes that because the employee was acting within…

May 1, 2011

Employment Law

Employment Legislation from the 2011 Session of the Virginia General Assembly

The 2011 session of the Virginia General Assembly has ended. Below is a summary of employment law legislation that passed both houses during the session. HB 1705. Workers’ compensation; modifications to employee’s home and automobile Authorizes the Workers’ Compensation Commission, in awards entered for incapacity for work, to require the employer to furnish and maintain…

March 21, 2011

Construction

Virginia Clarifies Economic Loss Rule, and Why This Case May Matter

A decision issued this month by the Supreme Court of Virginia, Kaltman v All American Pest, answers a question often debated by Virginia lawyers regarding the economic loss rule. The case also may contain a hidden Trojan horse to contract defenses that everyone should pay attention to.

March 21, 2011

Business and Financial Services

The Arrogant Car Salesman in a Non-Competition Agreement

Virginia courts are generally reluctant to enforce broad non-competition agreements, but they may be more willing to do so when the facts strongly favor the employer. In this Bean, Kinney & Korman article published in the BKK Business Law Newsletter, James V. Irving explains that the case involved a car salesman whose conduct made him an unsympathetic defendant in the eyes of the court. The article notes that the salesman allegedly acted arrogantly, ignored his contractual obligations, and…

March 1, 2011

Construction

Agents and Sellers – Is There a New Way To Get Sued In Virginia?

We delve into a more legal, technical and lengthy post this week for a good reason — a recent decision from a Virginia trial court (PDF of decision) points to a new avenue for claims by buyers of real estate in Virginia.

February 17, 2011