Resources

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.

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.

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.

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.

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.

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.

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.