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  • The Corporate Transparency Act is Still Alive and Community Associations May Need to File

    November 11, 2024 By Timothy R. Hughes | Business Insights

    As we have previously discussed, despite some pieces of litigation challenging the Corporate Transparency Act (CTA), the CTA is still in place for now and companies and organizations need to grapple with compliance. The CTA reporting requirements may be on the chopping block for the incoming Trump administration, but for now they are still in place and must be followed.

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  • Courts Issue Mixed Rulings in Legal Challenges to FTC’s Ban on Non-Competes. What Should Employers Do Now?

    November 11, 2024 By R. Douglas Taylor, Jr. | Employment Law

    Important update on the status of the FTC’s Rule banning non-competes:

    On August 20, 2024, in the case of Ryan, LLC, et al. v. Federal Trade Commission, the United States District Court for the Northern District of Texas, determined that the Federal Trade Commission did not have statutory authority from Congress to issue its Rule banning the use of nearly all employer non-compete provisions.  With the Court’s decision, the FTC Rule did not go into effect on September 4, 2024, anywhere in the U.S. The FTC is considering whether it will appeal the Court’s ruling to the U.S. Court of Appeals for the Fifth Circuit.

     

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  • How Zoning Policies Shape Data Center Development in Northern Virginia

    November 7, 2024 By Andrew W. Gregg | Real Estate, Land Use & Construction Law

    Northern Virginia is a major hub for data centers, housing one of the world’s densest concentrations of data facilities. This rapid expansion has fueled economic growth but also raised significant zoning and land use challenges as communities balance environmental impacts with economic incentives. Recently, counties like Fairfax and Loudoun have enacted new zoning regulations to control data center growth, seeking a balance between technological advancement and community preservation. This blog explores these zoning challenges, recent regulations, and how sustainable technology could help data centers align with community standards.

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  • EEOC’s 2024 Litigation Has Focused on the ADA and PWFA

    November 7, 2024 By R. Douglas Taylor, Jr. | Employment Law

    Recently, the U.S. Equal Employment Opportunity Commission (EEOC) announced that the agency had filed 110 lawsuits challenging unlawful employment discrimination practices in fiscal year 2024. The EEOC is responsible for oversight and enforcement of federal employment discrimination laws, including Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), and the Pregnant Workers Fairness Act (PWFA).

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  • Do Employees Have the Right to Federal Holidays Off?

    October 25, 2024 By R. Douglas Taylor, Jr. | Employment Law

    Federal holidays are recognized national observances that, for many, play a significant role in American culture. They offer employees an opportunity to take a break from work, celebrate important moments, and spend time with family and friends. However, when it comes to employee rights and employer obligations surrounding time off on federal holidays, many misconceptions exist.

    In this blog, we will explore the legal framework around federal holidays, the rights of employees regarding time off and compensation, and the obligations employers must meet under both federal and Virginia law.

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  • Amazon’s Return-to-Office Mandate: What It Means for Northern Virginia’s Real Estate Market

    October 18, 2024 By John G. Kelly | Real Estate, Land Use & Construction Law

    Amazon’s recent announcement that employees will be required to return to the office five days a week has sparked significant interest in the real estate and business communities. This policy shift is part of a larger trend where tech giants and other major corporations are encouraging—or mandating—employees to return to in-office work after several years of remote and hybrid arrangements.

    In this article, we’ll explore the potential impacts of Amazon’s return-to-office policy on Northern Virginia’s still soft office leasing market, particularly in regions like Arlington, home to Amazon’s HQ2, focusing on office space demand and commercial leasing trends.

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  • NLRB Adds “Stay-or-Pay” Provisions to the List of Employee Restrictions that Violate Federal Law

    October 16, 2024 By R. Douglas Taylor, Jr. | Employment Law

    On October 7, 2024, National Labor Relation Board (NLRB) General Counsel (GC), Jennifer Abruzzo, issued a memorandum to NLRB field offices adding additional substance to the position on non-competes she outlined in her May 30, 2024, Memo, chiefly that “overbroad non-compete agreements are unlawful because they chill employees from exercising their rights under Section 7 of the National Labor Relations Act (NLRA), which protects employees’ rights to take collective action to improve their working conditions.”

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  • Corporate Transparency Act Reporting Deadlines Are Here!

    October 16, 2024 By Timothy R. Hughes | Business Insights

    With the passage of the Corporate Transparency Act (CTA), there are a ton of questions. Most companies must file a Beneficial Owner Information Report (BOIR). Here are some of the main points:

    When do I need to file my BOIR?

     For companies formed prior to 1/1/2024, the deadline for filing the BOIR is 12/31/24. As of 1/1/24, new companies must file the BOIR within 90 days of company creation or registration. As of 1/1/25, new companies must file the BOIR within 30 days of company creation or registration.

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  • What Every Buyer and Builder Should Know About Virginia’s Implied Warranty on New Homes

    October 9, 2024 By Stephen D. Caruso | Real Estate, Land Use & Construction Law

    When purchasing or selling a “new” home in Virginia, it’s crucial to understand the legal protections and obligations that come into play. One such critical aspect is the implied warranty provided under Section 55.1-357 of the Virginia Code. This warranty ensures that new dwellings meet certain standards of quality and workmanship, safeguarding the interests of buyers and outlining responsibilities for builders and sellers.

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  • Phantom Stock Plans for LLCs

    October 9, 2024 By Justin T. Banford | Business Insights

    Attracting and retaining top talent often requires innovative compensation strategies. Multi-member LLCs are flexible but can also be complex. Founders and executives often wish to reward high-performing employees with upside value tied to the success of the company, but avoid the complexity of adding additional members to the LLC Operating Agreement. One such strategy is the Phantom Stock Plan. This article introduces what Phantom Stock Plans are, their advantages for LLCs, and how to implement them effectively.

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  • Employers: Be Careful What You Say About a Former Employee. Inflammatory Posts Can Result in a Charge of Retaliation

    October 9, 2024 By R. Douglas Taylor, Jr. | Employment Law

    U.S. employers continue to face significant risks from claims of unlawful workplace retaliation under federal law, including Title VII of the Civil Rights Act and the Fair Labor Standards Act (FLSA). To emphasize that point, the U.S. Equal Employment Opportunity Commission’s (EEOC) most recent statistics show that it received more than 46,000 employee retaliation complaints in FY 2023, up 8.5% from FY 2022. Retaliation charges accounted for approximately 56% of all charges processed by the EEOC.

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  • Business Owners: Yes You Still Need to Disclose Who Owns Your Company

    October 8, 2024 By Timothy R. Hughes | Business Insights

    Reminder that ALL “Reporting Companies” must file their Beneficial Owner Information Report (“BOIR”) by 12/31/24.  The Corporate Transparency Act (CTA) was adopted to bring more openness into the business world by making companies disclose their true owners. This initiative aimed to thwart crimes like money laundering by removing the veil of anonymity that some business owners exploit. The law’s relatively straightforward path hit a major snag after a trial court ruling in Alabama found the CTA unconstitutional. Despite this, for anyone not directly involved in that lawsuit, the rules still apply as per the Financial Crimes Enforcement Network (FinCEN)’s directive.

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  • Best Practices for Terminating Remote Workers in Virginia

    October 2, 2024 By R. Douglas Taylor, Jr. | Employment Law

    The rise of remote work has fundamentally reshaped the modern workplace, offering unprecedented flexibility and access to talent across geographic boundaries. However, this shift introduces new challenges for employers, particularly when it comes to terminating remote employees. Let’s explore the legal considerations and best practices for terminating remote employees in Virginia, helping you navigate this sensitive process while minimizing legal risks.

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  • Will Virginia’s New Massive Education Union Influence K-12 and College Labor Policies?

    September 16, 2024 By R. Douglas Taylor, Jr. | Employment Law

    The recent news about the formation of a massive education union in Fairfax County, Virginia, near Washington, D.C., driven by the merger of several large labor groups, marks a significant moment for the state. This newly united labor front, which consists of more than 27,500 members, including teachers, teaching assistants, support staff, and even administrators, could reshape how education professionals engage with policymakers, school boards, and higher education institutions not only in Fairfax County, but across the Commonwealth. The Fairfax County school district is by far the largest in the state.

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  • Mini-COBRA Laws in Virginia, DC, and Maryland: What Small Business Employers and Benefit Managers Should Know

    September 12, 2024 By R. Douglas Taylor, Jr. | Employment Law

    As small business employers and benefits managers, staying compliant with employment laws is a key part of your success. One area that deserves special attention is health insurance continuation coverage, specifically the mini-COBRA laws. While most of us are familiar with the federal COBRA law, which requires employers with 20 or more employees to offer continued health coverage after job loss or another qualifying event, many small businesses fall under the purview of state-level mini-COBRA laws.

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  • Unlock Development Opportunities with Fairfax County’s 2025 SSPA Plan Amendment Process

    September 10, 2024 By Andrew W. Gregg | Real Estate, Land Use & Construction Law

    Fairfax County’s 2025 Site-Specific Plan Amendment (SSPA) process is set to launch soon, presenting a significant opportunity for property owners and developers to influence the future land use of their properties. Whether you are a current property owner or an investor looking to purchase land, understanding the SSPA process is crucial to making informed decisions that could lead to more lucrative development deals. In this blog, we’ll explore how the SSPA process works, why timing is critical, and why enlisting the help of a land use attorney is essential to navigate this complex but potentially rewarding endeavor.

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  • Operational and Logistical Considerations in a Business Divorce

    August 29, 2024 By Allison K. Riddle | Business Insights

    Navigating the operational and logistical challenges of a business divorce can be as complex as the legal and financial aspects. Properly managing these elements is crucial to ensure a smooth transition and maintain business continuity. This fifth blog in our eight-part series delves into the key operational and logistical considerations you need to address during a business divorce. From transferring ownership and assets to handling recruitment and staffing changes and establishing new policies for the use of company assets, understanding these elements will help you effectively manage the transition.

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  • Zoning Laws in Focus: Understanding the Arlington County Missing Middle Housing Policy Dispute

    August 2, 2024 By Andrew W. Gregg | Real Estate, Land Use & Construction Law

    The recent lawsuit against Arlington County’s “Missing Middle” Housing policy has brought the complexities of zoning and land use regulations into sharp focus. As Arlington seeks to address its housing affordability crisis, this policy aims to diversify the types of housing available, particularly in neighborhoods traditionally zoned for single-family homes. The case offers a unique opportunity to explore the legal intricacies of zoning laws and their impact on community development.

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  • Pay Transparency: Key Insights for Employers in the DMV

    July 25, 2024 By R. Douglas Taylor, Jr. | Employment Law

    In today’s evolving workplace landscape, pay transparency has emerged as a critical topic for employers and employees alike. But what exactly is pay transparency, and why does it matter? Pay transparency involves the open sharing of information about compensation within an organization, including salary ranges, pay scales, and criteria for raises and bonuses. This blog explores the problems pay transparency aims to address, the relevant regulations for federal contractors, trends in state and local legislation, and best practices for employers, particularly in Virginia, Maryland, and the District of Columbia (DMV).

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  • Financial and Tax Implications in a Business Divorce

    July 23, 2024 By Christopher L. Young | Business Insights

    In the complex landscape of business divorces, understanding the financial and tax implications is crucial. These considerations can significantly impact both the immediate settlement and the long-term financial health of the involved parties. This blog, the fourth in our eight-part series, delves into the essential financial and tax aspects of a business divorce. From accurately valuing the business to navigating tax liabilities, this guide aims to equip you with the knowledge needed to manage these challenges effectively.

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