Resources

In today’s environment of economic uncertainty, social transformation, and technological disruption, nonprofit boards must take a proactive and legally informed approach to strategic planning. Strategic oversight is a core governance function that directly affects mission fulfillment, legal compliance, and organizational sustainability. Boards need to actively engage on these topics or risk obsolescence.

Even if your business doesn’t have unionized employees, the National Labor Relations Board (NLRB) still has something to say about your policies, your severance agreements, and even your social media rules. In 2025, the NLRB continued its trend of expanding employee rights under the National Labor Relations Act. Non-union employers in Virginia are not exempt from NLRB oversight. Several key rules and decisions from the past few years are reshaping how businesses draft employee handbooks, supervise staff, and respond to organizing activity.

The Family and Medical Leave Act (FMLA) is a foundational federal law that helps employees balance work and family responsibilities. Enacted in 1993, the FMLA entitles eligible employees of covered employers to take up to 12 workweeks of unpaid, job-protected leave in a 12-month period for specified family and medical reasons. These include the birth or adoption of a child, caring for a family member with a serious health condition, or dealing with the employee’s own serious health condition. During FMLA leave, group health insurance coverage must continue under the same terms as if the employee had not taken leave. The FMLA is administered by the U.S. Department of Labor (DOL).

As the holiday season approaches, many companies look forward to hosting office parties as a way to celebrate achievements, boost morale, and reinforce a sense of community. These events can be helpful tools for strengthening corporate culture and enhancing employee identification with the organization. A well-executed holiday party can foster camaraderie, reinforce shared values, and remind employees that they are part of something meaningful.

In today’s highly competitive and compliance-driven hiring landscape, criminal background checks have become a standard part of the recruitment process for U.S. employers. According to recent surveys, more than 90% of employers conduct some form of background screening, with criminal history checks being among the most common.

General contractors and subcontractors often retain companies and individuals to perform part of their scope of work. This can be done, obviously, by hiring employees or by hiring independent contractors. The question of whether an “independent contractor” is in fact an independent contractor is a repeat arena for disputes and risk in the form of wage and hour claims, regulatory enforcement, and exposure to tax liability and penalties.

In today’s increasingly digital workplace, social media and employee privacy have become critical considerations for many employers. While platforms like LinkedIn, Facebook, and Instagram can offer valuable insights into prospective and current employees, the line between business interests and employee personal privacy is not always easy to discern. Navigating this balance requires employers to understand the legal framework applicable to employee privacy and to adopt best practices to stay compliant while also protecting their organizations.

Just like other businesses, non-profits sometimes may need to think about potential merger and acquisition issues. In our legal practice, we have handled a number of affiliation deals or asset acquisitions involving non-profits. This experience is consistent with what other sources report. Over the last five to ten years, the U.S. nonprofit sector has experienced a modest, but measurable, increase in mergers and strategic alliances according to data from resources such as the National Council of Nonprofits.

The federal government shut down that began last night at midnight will have an immediate adverse impact on thousands of federal sector workers across the United States. While the federal government is still funded to provide essential government services, such as Social Security checks and VA benefits payments, non-essential services will not be provided until Congress can come up with a compromise on funding that will allow the federal government to reopen. The last federal government shutdown occurred in 2018, during the first Trump administration and lasted for thirty-five days, the longest government shutdown in U.S. history. Most are also predicting a lengthy shutdown now, given the inability of the two political parties to find common ground on budgetary and funding issues.

The shutdown will also have a significant and wide-ranging impact on federal government contractors. Reposting here a blog written during the 2018 government shutdown that highlights a number of the key considerations and continuing compliance issues for government contractors, all of which are still relevant in the 2025 government shutdown.

Employees will always need time away from work, whether for health, family, or civic obligations. Both federal and state laws provide leave rights and impose obligations on employers to ensure workers can take this time without risking their jobs. Understanding these requirements is essential for compliance and for maintaining a fair workplace. This guide breaks down the Family and Medical Leave Act (FMLA), Virginia-specific leave protections, federal contractor rules, and a recent case that highlights some of the challenges faced by employers.

Losing at trial does not always mean the end of the road. Appeals allow a party to ask a higher court to review the case for legal errors. In Virginia, a notice of appeal must typically be filed within 30 days of judgment (or 10 days if you are appealing from General District Court). Since 2022, civil litigants have an appeal of right to the Court of Appeals of Virginia, which hears most cases before any petition to the Supreme Court of Virginia. Maryland and D.C. follow similar two-tier structures, while federal trial judgments in Virginia are reviewed by the U.S. Court of Appeals for the Fourth Circuit.

Military-related absences from the civilian workforce have surged in 2025, reaching their highest levels in nearly two decades. Much of this increase stems from National Guard activations for both federal and state missions. For employers, these absences create not only operational staffing challenges but also trigger legal obligations under the Uniformed Services Employment and Reemployment Rights Act (USERRA) (Note that some states have additional employee military service leave requirements).

Many clients are surprised to learn that the trial is not always the end of the legal process. A judgment may establish liability, but it also sets in motion a series of post-trial procedures that can determine whether a party can collect money damages, stop an unlawful practice, or challenge the outcome. Understanding judgments, appeals, and enforcement is critical for businesses and individuals navigating litigation in Virginia, federal courts, and neighboring jurisdictions like Maryland and D.C.

Scope creep is one of the most common and, more importantly, costly challenges in commercial and public construction projects. When work expands beyond the original contract without proper documentation, contractors, owners, and subcontractors are left exposed to disputes, delays, and financial losses. Understanding how scope creep arises, and how Virginia courts and others in the region treat it, can help you avoid costly litigation and keep your project on track.

The rapid growth of artificial‑intelligence applications has collided with America’s aging energy and permitting infrastructure. This collision of massive demand and regulatory friction creates a high-stakes environment where, as the recent invalidation of Prince William County’s 24.7 billion Digital Gateway project demonstrates, even the most monumental projects can be derailed by fundamental procedural errors. Global estimates project that data centers’ power consumption will expand by 160 percent to 165 percent by the end of the decade, with AI workloads rising to 27 percent of total demand by 2027.

Your project is stalled. The zoning administrator says your plans don’t comply. Special exceptions and variances serve very different purposes under Virginia law. Choosing the wrong one can waste months and fees and, in some cases, force applicants to start over. To avoid those pitfalls, you need to understand the legal standards, who decides your application, and how courts treat appeals.

July 26, 2025, marked the thirty-fifth anniversary of the Americans with Disabilities Act (“ADA”), the federal law that created far-reaching protections for individuals with disabilities in all areas of public life, including in the workplace, where it mandates equal access to the same employment opportunities and benefits for qualified individuals with a disability that are available to persons without disabilities.

On July 22, 2025, the U.S. Department of Labor (DOL) announced a sweeping deregulatory initiative aimed at rewriting or repealing more than sixty workplace rules deemed “obsolete” or “overly burdensome” by the current administration. According to Secretary of Labor Lori Chavez-DeRemer, the rollback is part of a broader effort to “eliminate unnecessary regulations that stifle growth and limit opportunity” and to fulfill President Trump’s commitment to restore American prosperity through deregulation.

Virginia employers face increasing scrutiny over how they pay their workers. The Virginia Department of Labor and Industry (DOLI), along with the federal Department of Labor (DOL), continues to crack down on wage theft and the misclassification of employees as independent contractors. For employers across the Commonwealth, these enforcement efforts carry real financial consequences—ranging from hefty fines to multimillion-dollar settlements.

On July 1, 2025, the ‘Sexual Assault Employer Accountability Act,’ Virginia House Bill 1730 (“HB 1730”), took effect, broadening access for victim recovery and expanding potential liability for Virginia employers. The bill amends existing Virginia employer liability laws to expressly permit employers to be held vicariously liable for personal injury or wrongful death of a “vulnerable victim” caused by the intentional or wrongful acts of an employee—even where the employee is not necessarily acting within the scope of his or her employment—if the employer was on notice that the employee would have access to vulnerable victims and did not provide adequate oversight.