Year: 2015

Beware of Background Check Disclosure Risks

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12/31/2015Caramore, Megan

Authored by Megan B. Caramore Are the background check disclosure forms used as part of your hiring process exposing you to risk of litigation? Perhaps. A number of class action suits are currently pending on this issue. The Fair Credit Reporting Act (FCRA) requires that employers disclose to applicants and employees whether a consumer report may… Read more »

Call the Doctor: Executive Order Establishes New Paid Sick Leave For Federal Contractors

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12/29/2015Vandeventer Black

Authored by Ashley P. Holmes On September 7, 2015, President Obama signed an executive order establishing paid sick leave requirements for federal contractors. Under the executive order, executive departments and agencies that contract with federal contractors will require that employees of federal contractors and lower-tier subcontractors earn at least one (1) hour of paid sick leave for every… Read more »

Five Things You Should Know About DoD Cybersecurity Regulations

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11/24/2015Lowenstein, Neil S.

In 2007, a preeminent American defense contractor first reported cyber attacks emanating from China. Four years later, upon a visit by then Secretary of Defense Robert Gates, the Chinese Air Force revealed a fighter jet unnervingly similar to the one manufactured by the hacked American contractor. More recently, the FBI reported in July 2015 that… Read more »

Potential Changes…New Overtime Rules Proposed by Department of Labor

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11/24/2015Lowenstein, Neil S.

Authored by Neil Lowenstein Earlier this year, the Department of Labor (DOL) published new proposed rules for FLSA overtime requirements. The following are some important items to note from the proposal: Increasing the salary threshold from $23,660/year to $50,400/year [40th percentile]. Increasing the “highly compensated” threshold from $100,000/year to $122,148/year [90th percentile]; and Automatically increasing the… Read more »

Reporting Claims or Potential Claims…

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11/17/2015Moss, Ashley G.

All professional liability insurance policies require the insured to report claims timely as a condition to coverage. This is especially important at the time for renewal of insurance coverage. When a policy is being renewed, the application will ask if the insured is aware of any claims or potential claims. Professionals often worry that notifying… Read more »

Don’t Let Your Intern Become a Nightmare

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11/17/2015Paul, Dustin M.

Authored by Dustin Paul The end of school and the start of summer can provide students a rare opportunity to experience life in the workplace.  Many students have traded summer jobs like lifeguard or ice cream scooper for more educational experiences, like internships.  The idea of having a young man or woman around your workplace… Read more »

New Laws Affecting Construction: Part III

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11/05/2015Harvey, James R.

Authored by James Harvey In Part 3 of our articles on the 2015 changes to the Virginia Public Procurement Act, we provide a brief explanation of Job Order Contracting (JOC) now possible on Virginia public projects.  Public bodies in Virginia may now procure services for multiple jobs through a single indefinite quantity indefinite duration contact provided… Read more »

Virginia’s New Crowdfunding Law

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09/23/2015Rixey, III, James B.

Authored by attorney Jay Rixey A new Virginia code amendment, effective as of July 1, 2015, makes it easier for small Virginia companies to raise capital by allowing companies to raise up to $2 million through crowdfunding. The amendment, codified at Virginia Code §13.1-514(21), creates an exemption from the more detailed securities, broker-dealer, and agent… Read more »

An Ounce Of Prevention…

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09/22/2015Hemphill, Geoffrey G.

Authored by Geoffrey Hemphill Too many times in my practice, clients have come to me in the midst of a tumultuous intracompany squabble. Owners who once thought they were going to start the next Microsoft or Apple are now at each other’s throats, lobbing all sorts of accusations and wrestling for control of the company. Sadly,… Read more »

Department of Labor and Industry Misclassifications Policy

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09/10/2015Vandeventer Black

Authored by summer clerk Thomas O’Dea The Virginia Department of Labor and Industry recently issued a new policy making construction employers responsible for providing proof of its’ subcontractors’ contractor licenses upon request. Under this policy, all workers on a job site will be characterized as either employees or independent contractors. If they are subcontractors, the… Read more »