Resources

Buying or selling a house is a monumental milestone, often accompanied by a mix of excitement and anxiety. Among the many steps in a real estate transaction, home inspections play a critical role. For buyers, these inspections offer an opportunity to understand the condition of the property they are purchasing, while sellers must prepare for the insights such inspections may reveal.

As the global demand for data processing and storage surges, the data center industry continues to play a critical role in shaping the future of technology, energy, and economic development. Recent trends and local developments highlight the interconnectedness of data centers, renewable energy solutions, and urban planning.

UPDATE – 12/10/24

After initial publication and contrary to the information below, FinCEN has now updated their website indicating reporting companies were not required to file at this time and that entities will not be subject to liability for failure to report during the injunction.

Proffers, a central component of land use and zoning approvals, are commitments made by developers to address the impacts of their projects on surrounding communities. While these commitments are typically voluntary, they are binding and aim to mitigate concerns related to infrastructure, environmental preservation, and public services. Proffers are often a source of sensitivity, as they can significantly increase the cost and complexity of development projects. At the same time, municipalities view proffers as a vital tool to sustain and improve community resources, creating a balancing act for both parties. This article explores the intricacies of proffers through a hypothetical project, illustrating how developers and municipalities can collaborate to achieve equitable outcomes.

The concept of “Schedule F” in federal employment was a topic of considerable discussion in the run-up to the 2024 presidential election, raising questions about its implications in 2025 and beyond for federal employees and contractors. This blog provides an informational overview of Schedule F, its potential impact on the federal workforce, and considerations for contractors who work closely with federal agencies.

On November 15, 2024, the U.S. Department of Labor’s 2024 Fair Labor Standards Act (“FLSA”) Salary Basis Rule (“2024 Rule”) was vacated by the United States District Court for the Eastern District of Texas. The 2024 Rule, which was finalized by the DOL back in April and became effective on July 1, 2024, raised the salary level to qualify for exempt from overtime status for executive, administrative, and professional employees under the FLSA to $43,888 annually ($844/week). With the Texas court’s decision, the 2024 Rule is blocked nationwide and will not go into effect, meaning that the FLSA’s exempt status salary level will revert to its pre-July 2024 level of $35,568 annually ($684/week).

As construction projects often span multiple jurisdictions throughout the metropolitan Washington area, commonly known as the DMV, understanding the differences in mechanic’s lien laws in Washington, D.C., Maryland, and Virginia is essential for contractors, subcontractors and suppliers seeking to protect their payment rights. Each jurisdiction has unique requirements and timelines that can significantly impact the enforceability of a lien. This article provides a high-level comparison to help you navigate these nuances effectively.

Employee mental health support is no longer just an option—it’s a necessity. With mental health challenges on the rise, employers must be prepared to handle crises effectively and compassionately. Managing mental health crises with sensitivity and compliance is a win-win not only benefiting affected employees and also safeguarding the employer from potential legal risks.

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.

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

In a further update to the litigation status of the FTC’s final rule banning employee non-competes, on October 18, 2024, the Federal Trade Commission filed a petition of appeal with the U.S. Court of Appeals for the Fifth Circuit of the decision of the United States District Court for the Northern District of Texas in Ryan, LLC, et al. v. Federal Trade Commission, that the FTC did not have statutory authority from Congress to ban the use of nearly all employer non-compete provisions. With that, the case will be taken up by the Fifth Circuit to determine the validity of the FTC’s proposed ban on non-competes. We will continue to monitor the FTC’s appeal and will provide further updates as things progress.

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.

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).

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.

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.

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.”

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.

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.

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.

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.

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.