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  • NLRB Delays Start Date for New Joint Employer Rule

    November 22, 2023 By R. Douglas Taylor, Jr. | Employment Law

    On October 26, 2023, the National Labor Relations Board (NLRB or Board) issued a new rule, with an effective date of December 26, 2023, establishing the standard for determining joint employer status under the National Labor Relations Act (NLRA). The NLRB’s new rule significantly expands the definition of “joint employment” under the NLRA. A more detailed evaluation of the new joint employer rule is available here.

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  • Are You a Joint Employer Under the NLRB’s New Rule? Why it Matters to Your Business

    November 16, 2023 By R. Douglas Taylor, Jr. | Employment Law

    On October 26, 2023, the National Labor Relations Board (NLRB or Board) issued a long-awaited new rule addressing the standard for determining joint employer status under the National Labor Relations Act (NLRA). The NLRB’s new rule significantly expands the definition of “joint employment” under the NLRA.

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  • Exploring the Spectrum of Nonprofit Tax-Exempt Entities

    November 15, 2023 By Timothy R. Hughes | Business Insights

    Determining exactly what type of non-profit structure your entity has, and which exempt organizations may apply, is a critical first question for your organization. The mission, vision, and values are the beating heart of your nonprofit’s activities. Still, fiscal responsibilities play a pivotal role in the survival and success of your organization. In this fourth and final part of our series, we aim to shed light on the intricate world of nonprofit structures and the various IRS designations that apply to nonprofits.

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  • Structuring, Growing, and Nurturing Your Nonprofit Board

    November 8, 2023 By Timothy R. Hughes | Business Insights

    Non-profit organizations are generally governed by a board of directors. The board retains the chief executive officer, sets the organization’s strategy, establishes the budget, and tries to develop resources to meet the missions and strategy of the organization. The board of directors plays a pivotal role in guiding and amplifying the organization’s efforts. The board makes the difference between an organization that merely exists and one that thrives and creates impactful change. In this, our third blog in the series, our focus shifts from the foundational elements of a nonprofit to the intricacies of board management.

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  • The Risks of Reusing Employment Document Templates

    October 30, 2023 By R. Douglas Taylor, Jr. | Employment Law

    As we navigate through 2023, the employment law landscape continues to shift and evolve, more so than many experts had anticipated. The dynamic regulatory framework has been particularly noteworthy, with federal government agencies actively weighing in and reshaping the contours of employment documentation.

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  • The Basics of Nonprofit Governing Documents

    October 27, 2023 By Timothy R. Hughes | Business Insights

    This second post in our four-part series explores the basic documents that establish the structure of a non-profit and its governance. It is axiomatic that nonprofits exist to create positive change, serving communities, and advancing societal betterment. Yet, even with the most altruistic intentions, a nonprofit can only succeed when it is built upon a solid legal and structural foundation. This foundation starts with the initial governing documents and key policies which establish the rules of the road and structure of the organization.

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  • Flex Drivers are Amazon Employees, not Contractors, Says Virginia Appeals Court

    October 23, 2023 By R. Douglas Taylor, Jr. | Employment Law

    In a case with significant consequences for gig economy workers and businesses in the Commonwealth, the Virginia Court of Appeals ruled recently that Amazon Logistics, Inc. (Amazon) had misclassified Ronald Diggs, a Flex delivery driver, as an independent contractor, when, in fact, he was an Amazon employee. With the Court’s finding, Amazon now owes unemployment insurance taxes and penalties to the Commonwealth of Virginia not only for Diggs, but for all its similarly misclassified Flex delivery drivers.

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  • “Parking Reimagined”: A Fresh Approach to Modernizing County Parking

    October 19, 2023 By Andrew W. Gregg | Real Estate, Land Use & Construction Law

    In a practical move towards modern urban planning, Fairfax County’s Parking Reimagined project has taken a big step in reshaping the local parking landscape. Having received approval from the Board of Supervisors following a public hearing on September 26, 2023, the initiative targets modernizing off-street parking and loading requirements, ensuring they’re in sync with current and future needs.

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  • “Plan Langston Blvd” to Reach County Board in November

    October 13, 2023 By Andrew W. Gregg | Real Estate, Land Use & Construction Law

    Plan Langston Blvd, a transformative vision for Route 29, envisions a tree-lined, pedestrian-friendly highway with modern apartments over retail spaces. As we approach the final stages of discussion and potential approval, the County Board could approve the Plan at their November board hearing. In this blog. we’ll shed some light on the recent developments, concerns, and diverse public opinions surrounding the plan.

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  • EEOC Touts its Aggressive Enforcement Efforts in FY’23

    October 2, 2023 By R. Douglas Taylor, Jr. | Employment Law

    On September 29, 2023, the Equal Employment Opportunity Commission (EEOC or Commission) announced its year-end litigation round-up, summarizing the Commission’s enhanced efforts to enforce federal employment laws. The EEOC enforces Title VII of the Civil Rights Act, the Age Discrimination in Employment Act, the Equal Pay Act, and parts of the Americans with Disabilities Act.

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  • Laying the Groundwork for an Effective Nonprofit

    October 2, 2023 By Timothy R. Hughes | Business Insights

    This is the first part in a four-part series on “Legal Foundations for Starting and Operating a Nonprofit.”

    Starting a new business is exciting for every founder. Founding a nonprofit adds the layer of creating positive change in the world which adds depth and meaning as well. Meeting the challenge of starting a nonprofit requires first understanding a series of intricate legal considerations and important strategic questions. This first entry in our series aims to guide aspiring nonprofit founders through the initial steps of laying a solid initial foundation for your organization’s future success.

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  • New Overtime Protections: What Employers and Employees Need to Know

    September 14, 2023 By R. Douglas Taylor, Jr. | Employment Law

    The U.S. Department of Labor (DOL) recently shook up the labor market with an announcement that could significantly impact 3.6 million low-paid salaried workers in the United States. Under the new rule proposed by the DOL, the new salary threshold for overtime pay eligibility under the Fair Labor Standards Act (FLSA) would be set at $1,059 per week or about $55,000 per year, up from the current salary level of $684 per week, or $35,578 annually.

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  • What is Up for Contractors When the Federal Government Shuts Down?

    September 7, 2023 By R. Douglas Taylor, Jr. | Employment Law

    With the Senate returning from its August recess on September 5, 2023, and the House not back in session until September 12, 2023, — and differences of hundreds of billions of dollars on spending remaining between the two chambers — time may have run out to avoid a federal government shutdown on October 1, 2023, according to many experts. Without Congressional enactment of the required annual appropriation bills, federal agencies are unable to spend federal resources and must cease all non-essential governmental functions until Congress acts.

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  • The Road Ahead: Reimagining the 8(a) Program and Federal Contracting

    September 6, 2023 By Harrison J. Clinton | Business Insights

    This is Part 3 in a Three-Part Series. Read Part 2. The recent ruling on the Small Business Administration’s (SBA) 8(a) program has stirred much debate and speculation. With the blanket assumption of social disadvantage based on race or ethnicity overturned by a Tennessee Federal District Court, a new path for the program’s future awaits. This concluding piece in our series aims to envision the road ahead for the 8(a) program, its participants, and the broader realm of federal contracting.

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  • The SBA’s 8(a) Program: Interim Guidance, Future Directions, and The Promise of Economic Growth

    August 28, 2023 By Harrison J. Clinton | Business Insights

    Following the U.S. District Court for the Eastern District of Tennessee’s recent decision, which impacts the 8(a) Business Development Program’s administration criteria, the Small Business Administration (SBA) released interim guidelines. The challenge now facing the program lies in ensuring that eligibility criteria remain true to its mission while adhering to the court’s mandate.

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  • Understanding the Controversy: The 8(a) Program and the Federal Court Ruling

    August 24, 2023 By Harrison J. Clinton | Business Insights

    The U.S. Small Business Administration’s (SBA) 8(a) program, established to support and foster growth among socially and economically disadvantaged businesses, has found itself in the eye of a storm. A recent ruling by the U.S. District Court for the Eastern District of Tennessee has reshaped how the SBA will approach its pivotal 8(a) program, particularly concerning the criteria of “socially disadvantaged.”

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  • EEOC Proposes New Regulations for Pregnant Workers Fairness Act

    August 15, 2023 By R. Douglas Taylor, Jr. | Employment Law

    On August 11, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) issued proposed regulations to implement the federal Pregnant Workers Fairness Act (PWFA). The proposed regulations will remain open for public comment through October 10, 2023.

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  • NLRB Adopts Employee-Friendly Standard for Evaluating Workplace Rules

    August 8, 2023 By R. Douglas Taylor, Jr. | Employment Law

    On August 2, 2023, the National Labor Relations Board (NLRB) adopted a new standard for evaluating when employer workplace rules will be found to have a “reasonable tendency” to discourage employees from exercising their right under Section 7 of the National Labor Relations Act (NLRA) to form, join, or assist with labor organizations, to bargain collectively, and to engage in other concerted activities for the purpose of mutual aid or protection.

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  • Unraveling the Legal Labyrinth of Workplace Retaliation Claims

    July 10, 2023 By R. Douglas Taylor, Jr. | Employment Law

    Unlawful retaliation in the workplace, whether under Title VII of the Civil Rights Act, or under state civil rights or whistleblower protections, is a pivotal situation – the EEOC received more than 28,000 retaliation complaints in 2022 — and involves complex areas of employment law, requiring a nuanced understanding for employers to effectively navigate the potential risks. Simply put, workplace retaliation denotes the unjust punitive measures taken by an employer against an employee who has engaged in legally “protected activities,” which can include whistleblowing or lodging complaints about workplace discrimination or harassment.

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  • Arlington County Releases Langston Boulevard Area Plan

    July 5, 2023 By Andrew W. Gregg | Real Estate, Land Use & Construction Law

    Arlington County has finally unveiled the draft Langston Boulevard Area Plan after a lengthy review process. The Langston Boulevard Area Plan will be a comprehensive vision for the corridor’s future. This article will focus on three crucial aspects of the plan and what effect there may be for property owners along Langston Boulevard.

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