Virginias Ongoing Efforts to Address Employee Misclassification by Construction Contractors

03/27/2017Vandeventer Black

For several years, Virginia has been endeavoring to address employee misclassification in the Commonwealth, particularly in the construction industry.  In a 2014 Executive Order, the Governor raised concerns that contractors who misclassify employees as “independent contractors” were depriving the Commonwealth of taxes and denying workers insurance coverage and other benefits.  By avoiding these costs, such… Read more »

Fourth Circuit Articulates Test for Joint Employment under the FLSA

Businessman Giving Cheque To Other Person

03/17/2017Bibeau Anne G.

Businesses frequently overlook the risk of liability under the Fair Labor Standards Act (“FLSA”) because they do not consider potential overtime and minimum wage claims by non-employees. A common tactic in FLSA litigation is for the plaintiffs to sue not only the business that employed them, but also related businesses or businesses that they worked… Read more »

New Case Law – Violation of Medical Restrictions

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03/17/2017Caramore, Megan

The Court of Appeals recently considered whether a claimant’s alleged violation of pre-existing medical restrictions could warrant a denial of workers’ compensation benefits.  In Staton v. The Bros. Signal Co., 66 Va. App. 185, 783 S.E.2d 539 (2016), the claimant suffered from pre-existing knee problems and his physician had instructed him to avoid walking on… Read more »

Builder – Designer Mergers

business law

03/17/2017Hemphill, Geoffrey G.

Changing demands in the construction industry requiring faster project completion cycles, increased demands for the use of BIM (Building Information Modeling), and an increased reliance on design/build project formats, have caused construction and design firms to contemplate merger. Such mergers, allow firms to integrate their services and capitalize their cooperative efforts to increase their competitive… Read more »

Secondary Easements

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03/16/2017Vandeventer Black

What are secondary easements? A secondary easement is a right of access to a power line easement for repair and maintenance. The secondary easement is not considered a separate interest, but is a natural incident to the easement itself. The secondary easement is an “unlocated easement” and need not be specifically described in condemnation proceedings…. Read more »