博客:意见 & Observations

解密谁是共同雇主

2017年10月20日

如果你的公司使用合同工或临时工, recent agency actions and court decisions may have turned your company into a joint employer who is legally responsible for its contract workers’ overtime pay.  传统上, companies were not considered joint employers unless they had direct control over the wages and other conditions of employment of another company’s employee.  然而，奥巴马时代的机构行动大大扩大了...

Virginia Supreme Court Creates New Uniform Scheduling Order for Eminent Domain/Condemnation Cases

二零一七年九月十一日

Virginia Supreme Court Rule 1:18 governing scheduling orders in civil cases was recently amended by the Virginia Supreme Court, 8月1日生效, 2017. The amendment creates a new Uniform Condemnation Scheduling Order (the “New Scheduling Order”) that may ease the time crunch facing condemnors and condemnation counsel face in finding and disclosing rebuttal witnesses.  新规则1:18的链接包含在本专栏的末尾. The Virginia...

Can 当地政府s Discipline Employees for Violation of their Social Media Policies?

2017年8月8日

Earlier this year the Fourth Circuit decided a case that pitted two fundamental interests against each other: a public employee’s First Amendment right to free speech and the government’s ability to provide efficient and effective service to the public. 在社交媒体时代, the historic tension between these two interests has only become more contentious.在Grutzmacher v. 霍华德县，851 F.3d 333(第4章. 2017年)，马里兰州的一名营长...

弗吉尼亚影响社区协会的新法律

2017年7月10日

新法案于7月1日签署成为法律, 2017 affecting Virginia community associations help clarify obligations and requirements ranging from governing documents and disclosure forms to assistance animals and disability documentation.   These new laws aim to decrease uncertainty and improve understanding of purchasers and associations. 自从维吉尼亚州最高法院对特瓦尔德克诉. 波瓦坦斯德. 房主Ass 'n, 291弗吉尼亚州. 二月269...

相同或同等:安置从FMLA休假归来的员工

May 22, 2017

On May 16, 2017, the Fourth Circuit Court of Appeals issued a written opinion addressing two issues regarding the placement of returning employees.  The Court held that employers have a choice on whether to restore an employee returning from FMLA leave to the employee’s old position or to assign the employee to an “equivalent” one, 这可能会让雇主在人事决策上有更大的灵活性.根据《澳门十大正规网赌网址》(“FMLA”)，...

Legal Remedies Available to Persons Who Are Injured or Whose Property Is Damaged by 94,000 Gallons of Aviation Fuel Released at Naval Air Station Oceana on May 11, 2017

May 12, 2017

On May 11, 2017年海军宣布约94艘,000 gallons of jet fuel (JP-5) were released from a bulk “fuel farm” at Naval Air Station Oceana.  The spilled fuel leaked into a waterway that carried the JP-5 into the surrounding community where it reached nearby residential properties. A multi-agency government team is working to contain and then clean up the spill.  The federal laws that force the spiller to clean up the spill are the Resource,...

如果我没有签署或书面合同，我可以提起诉讼吗?

May 08, 2017

工作常常是在没有签订合同的情况下进行的.  What happens when one party breaches a contract when there is nothing in writing or when a written contract is not signed?  Agreements in these situations can still be breached and the court can award damages resulting from these contracts.    Verbal ContractsThe most common scenario is when there is nothing in writing.  When there is no document at all, the parties have agreed to an oral contract.  Oral...

Supreme Court of Virginia Shifts Jurisdiction of Some Actions of Unlawful Detainer

2017年4月4日

2016年6月，弗吉尼亚州最高法院对帕里什诉. Fannie Mae, setting a new precedent for the way in which some types of unlawful detainer actions are tried in Virginia courts.  This case is significant to purchasers of foreclosed properties that are still occupied by the former owners, 使获得占有的诉讼变得更加复杂, 耗时且昂贵. When a bank puts a property up for foreclosure sale, the previous occupants...

New SBA Rules Allow Greater Use of Joint Ventures by Both Small and Large Businesses for Participation in Small Business Set Asides

2017年3月10日

For businesses who are interested in contracting with a federal agency under one of the Small Business 政府’s set aside programs, two changes in the rules and regulations in 2016 governing the SBA’s small business programs have opened a crack in the door for greater participation in one of the SBA’s small business programs by small businesses, 以及大型企业的“导师”,通过更多地利用合资企业. 2016年5月，SBA的Small...

避免员工报复陷阱

2017年3月7日

Employers can be liable under Title VII of the Civil Rights Act of 1964 without ever actually discriminating against an employee.  For example, a Roanoke hair stylist recently brought suit against her former employer alleging that it subjected her to a hostile work environment in violation of Title VII because she was a Caucasian woman dating an African-American man and that the salon terminated her in retaliation for complaining about harassing...