Resources

The holiday season is here, and it’s the most wonderful time of the year! With the winter holidays just around the corner, are you one of the many businesses busily preparing for a holiday office party? Office parties are a wonderful way to generate good will with your employees and strengthen your business culture.

On March 2, 2021, then Governor Ralph Northam signed into law the Virginia Consumer Data Protection Act (the “VCDPA” or “Act”). The effective date of January 1, 2023 is fast approaching. If your business has not yet started taking steps to understand and ensure compliance with this new law – the time is now! This will be the first of a series of blog posts directed to answering your questions as to whether and how the new Act will affect you and your business.

In 1995, the Virginia Supreme Court expressly held that general contractors could assert an absolute “pay when paid” defense against subcontractors claiming monetary damages for non-payment of work on a construction project. See Galloway Corp. v. S.B. Ballard Constr. Co., 250 Va. 493, 506 (1995).  Since then, the law of the land had been that general contractors could negotiate in their contracts to withhold payment from subcontractors if the general contractors had not been paid by the owner of a construction project, so long as “the parties mutually intended the contract to create such a defense.”

Last week, the U.S. Equal Employment Opportunity Commission (EEOC) released an updated version of the “EEO is the Law” poster that covered employers are required by federal law to post in a conspicuous workplace location.

On July 27, 2022, Virginia joined forces with more than twenty other states to file a lawsuit against the U.S. Department of Agriculture (USDA), in response to that agency’s recent guidance advising that Title IX of the Education Amendments of 1972’s (Title IX) prohibition of discrimination in educational programs “on the basis of sex” is applicable to more than just “biological sex”; it also covers discrimination based on “sexual orientation” and “gender identity.” The USDA’s Title IX guidance potentially impacts all educational institutions and programs that receive federal assistance for things like school lunches under the National School Lunch Program that serves close to thirty million students each day.

Title IX of the Education Amendments of 1972 (Title IX) prohibits discrimination on the basis of sex in any education programs and activities that receive federal financial assistance. Federal financial assistance typically consists of grants or loans made available by the federal government to fund things such as student scholarships and improvements to school facilities. Thus, it seemed easy enough for a private school that did not want to be subjected to Title IX compliance obligations to accomplish that goal simply by not accepting certain federal funds.

Prince William County (PWC) is becoming a crucial location for data center developers. However, as PWC creates incentives for data center market and contemplates zoning changes that favor data center development, some citizens have grown concerned about the changing landscape in their community.

While PWC has been courting the development of these centers since the early 2000s, it was not until the last few years that approvals and construction ramped up.

As I revisited our earlier blog Who Owns Your Twitter Account from 2013, I’m compelled to share that it’s always a good time to review all social media accounts at your business and protect your intellectual property. It’s important to avoid infringements of your social media business name or handle, photos you post and content that is uniquely yours.

Do you have a Twitter account for your business that your employees access? Do any of your employees tweet using a Twitter handle that includes your company’s name? If so, you need to update your social media policy in order to protect your company.

On July 12, 2022, the Equal Employment Opportunity Commission (EEOC) updated its guidance Q&A responses to employers relating to COVID-19 workplace issues and the ADA . Most notably, the EEOC has changed its view on when employers can mandate COVID-19 viral testing for workers and still be in compliance with the ADA.

It is a bedrock principle of U.S. law that employment discrimination on the basis of sex is prohibited under Title VII of the Civil Rights Act of 1964. And, of course, hostile work environment sexual harassment is a subset of employment discrimination that involves unwelcome conduct because of sex that is sufficiently severe or pervasive to create a work environment that a reasonable person would consider intimidating, hostile or abusive.

Title IX of the Education Amendments of 1972 (“Title IX”) has been front and center news lately. The statute, which is still best known as the law enacted by Congress to remediate discrimination based on sex in all education programs and activities, officially turned 50 on June 23, 2022. That same day, the U.S. Department of Education proposed major revisions to the current regulations governing Title IX.

Whether you are demonstrating your support for your favorite political candidate, sharing the day’s specials at your restaurant, or showcasing the location of a major office tenant, you’re undoubtedly using signage to get people’s attention. The who, where, when, and what of signage is strictly regulated. In Fairfax County, adding or modifying existing signs beyond what is permitted by-right can be daunting. The existing ordinance involves confusing calculations and often requires applicants to show unwarranted hardship.

Perhaps you have been on vacation in some remote destination, or your attention has been diverted by other exigencies, like the House’s January 6 hearings, and you might be wondering: What’s new in higher ed? Plenty. Title IX of the Education Amendments of 1972 (“Title IX”) officially turned fifty on June 23, 2022. That same day, the U.S. Department of Education (“DoEd”) proposed a major re-write of the current regulations governing Title IX.

Arlington County’s Planning & Housing study “The Missing Middle” has entered its second phase, “Analysis & Draft Framework.” The initiative has garnered attention from homeowners, homebuilders, and community members who are interested in how the plan might impact Arlington.

“The Missing Middle” refers to housing types that exist on the spectrum between detached single-family houses and mid-rise multifamily units. Examples include townhomes, duplexes, multiplexes, and low-rise units.

Fairfax County’s Zoning Ordinance may undergo major changes in parking requirements at the end of this year. “Parking Reimagined,” the County’s initiative to reevaluate longstanding vehicular parking standards within its borders, will soon release its draft proposal to citizen workgroups and the broader public for feedback. Notably, the proposal may include modifications to County maximum and minimum parking requirements for specific uses; new requirements for electric vehicles and bicycle parking; and updates to current administrative processes.

Many contractors considering projects in the Commonwealth, particularly those that primarily operate in Maryland and the District of Columbia, are surprised to learn how strict the licensing requirements are here in Virginia and that reciprocity often does not apply. Careful compliance with the licensing statutes and regulations is key to ensuring your contracting firm is entitled to get paid in full and avoids regulatory action or other disputes.

If you are considering buying a condominium or townhouse in the near future, make sure you perform your due diligence by reviewing the finances of the condominium or homeowners association, paying close attention to outstanding maintenance and repair issues. Under new guidelines, lenders may not be able to resell their loans to the “quasi-government” financing agencies such as Fannie Mae, who provide the bulk of support for condominium and townhouse loans.

Sometime later this summer, Arlington County is expected to release its Preliminary Concept Plan (“PCP”) for the Langston Boulevard Area Plan (“Plan Langston”). The long percolating plan has gone through one name change; obtained a host of community feedback initiatives with residents, developers, business owners, property owners, and many other interested parties; and received guidance from the County Planning Staff, the Langston Boulevard Alliance, and others. The County intends for the Plan Langston to guide future development along Langston Boulevard into the 2050’s.

The use of land in Fairfax County is governed by the Zoning Ordinance and the Comprehensive Plan. Last year, the Fairfax County Board of Supervisors approved a new Zoning Ordinance. This year, the Board of Supervisors is turning its attention to the Comprehensive Plan.

The “Comp Plan” includes both (1) broad planning policies, such as those concerning the management of the environment, historic resources, and public facilities; and (2) more narrowly, guidance about the development of particular properties.

S Corporations are one of the most popular operating vehicles for small business in the United States. Whether legally structured as a corporation or LLC under state law, qualified businesses electing S-Corp tax status are able to reap many associated financial benefits, such as the realization of pass-through income taxation while also having the ability to treat owners as employees of the business and pay them a reasonable salary.