Resources

The Biden administration spent nearly two years crafting new regulations that attempted to make clear Title IX’s ban against discrimination “on the basis of sex” also included discrimination-based sex stereotypes, pregnancy, sexual orientation, and gender identity. Notwithstanding the U.S. Supreme Court’s conclusion in the Bostock case that the term “sex” included these other matters in the context of Title VII, the U.S. District Court for the Eastern District of Kentucky issued an order on January 9, 2025, vacating the U.S. Department of Education’s April 2024 Title IX Final Rule (“Final Rule”), in the case of State of Tennessee, et al. v. Cardona.

After issuing proposed regulations earlier this year and soliciting extensive public comment, the U.S. Small Business Administration (SBA) issued a final rule on December 17, 2024 introducing significant changes to certain of the regulations applicable to small business contractors planning for or actively pursuing merger and acquisition (M&A) transactions.

An employee handbook is a crucial tool for a business to communicate its policies, procedures, and expectations, and to ensure legal compliance. However, employee handbooks need to be reviewed and updated regularly to achieve these objectives. Here are five reasons to update your employee handbook in 2025:

On December 26, 2024, the on-again, off-again saga of the reporting requirements for most small business owners under the Corporate Transparency Act (CTA) took another twist when the U.S. Court of Appeals for the Fifth Circuit decided to completely reverse direction. The Fifth Circuit vacated its December 23, 2024, Order that blocked the trial court’s national injunction blocking enforcement of the CTA in the case of Texas Top Cop Shop, Inc. v. Garland.

It is becoming increasingly common for employers, especially in the construction, manufacturing, and warehousing sectors, to outfit workers with wearable technologies, or “wearables” — devices worn on the body to improve worker safety and productivity. Worker safety and productivity are becoming increasingly important line items for employers to control. Consider that the construction, manufacturing, and warehousing industries experienced more than 700,000 non-fatal injuries and more than 2,000 fatal accidents in 2022, according to the Government Accounting Office. OSHA estimates that as many as two million workers a year are victims of workplace violence, and employers pay out around $2 billion per week in direct workers’ compensation costs.

Choosing the right ownership structure for your Limited Liability Company (LLC) can have a significant impact on how your business operates, its tax obligations, and its growth potential. LLCs are known for their flexibility compared to other business structures, which is why they’re popular among entrepreneurs and established business owners alike. But with this flexibility comes a critical decision: which ownership structure best aligns with your business goals?

We have written regularly on the requirements of most business owners, subject to limited exceptions, to file disclosure documentation as required by the Corporate Transparency Act. We also updated you with the news that a Texas District Court had entered a nationwide injunction blocking the act on December 3, 2024. Now the latest…never mind, the stay in turn has been thrown out by an appellate court and the CTA is back.

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.