Resources

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.”

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.

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.

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.

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.