Month: September 2020

DOL Proposes New Rule Clarifying Independent Contractor Status

09/30/2020Bibeau, Anne G.

The U.S. Department of Labor (“DOL”) has proposed a new rule interpreting independent contractor status under the Fair Labor Standards Act (“FLSA”). The purpose of the proposed rule is to provide clarity as to when a worker is an independent contractor, and not an employee, under the FLSA. If adopted, the proposed rule would operate… Read more »

Federal Contractors Beware: New Executive Order Prohibits Certain Anti-Discrimination Training

09/30/2020Bibeau, Anne G.

On September 22, 2020, President Trump signed the Executive Order on Combating Race and Sex Stereotyping (“EO”). Under the EO, executive departments and agencies, the military, federal contractors, and federal grant recipients are required to include specific provisions pertaining to workplace training in every government contract entered into after November 21, 2020. The EO, which… Read more »

Construction Industry Economics Respecting COVID-19 Mixed But Positively Trending


09/30/2020Nicholos, George M.

The Architecture Billings Index (ABI) is a composite index derived from monthly report surveys from American Institute of Architects (AIA) member firms located throughout the United States reporting on construction project activity the AIA refers to as “Work-on-the-Boards” (projects in the planning and design processes).  The data is compiled by the AIA’s Economics & Research… Read more »

EDVA Norfolk is BACK!

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09/28/2020Paul, Dustin M.

The world has changed.  One day you are taking your boy to Disney, he is hugging every character in sight, and life feels carefree.  Two weeks later, you worry about going to the grocery store, and your son doesn’t even get to hug his grandparents while everything is sorted out. But we are six months… Read more »

GAO Rejects Contractor’s Use of AIA Bid Bond for Federal Project

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09/25/2020Mazzeo, Anthony J.

As all construction contractors know, the American Institute of Architects (AIA) provides a series of nearly 200 industry standard consensus forms that define the relationships and terms involved in design and construction projects.  While these forms are appropriate for commercial projects, contractors that perform a mix of commercial and government projects should use caution when… Read more »

Virginia’s Proposed Permanent Standard for Infectious Disease Prevention Regulations: A reminder that the opportunity for public comment closes September 25, 2020

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09/24/2020Lowenstein, Neil S.

As previously publicized, the Virginia Department of Labor’s (DOL) Safety and Health Codes Board (Board) Emergency Temporary Standard (ETS) for Infectious Disease Prevention became effective on July 27, 2020, but because of their nature would expire unless they or alternatively proposed regulations were made into permanent standards. When the ETS were published, DOL included its… Read more »

Understanding the Legal Aspects of Privacy in the Age of Smart Phones and Residential Security Cameras

09/24/2020Panagis, Kathleen W.

This article is published in Southeastern Virginia Community Associations Institute’s (“SEVA-CAI”) Currents newsmagazine (Quarter 2 edition)  and is re-printed with permission. With most people in modern society having smart phones that have cameras and video recording capability coupled with the soaring popularity of residential security cameras, one may wonder to what extent does one have… Read more »

DOL Revises its FFCRA Paid Leave Rule To Narrow the Category of Health Care Providers that Can Be Exempted from the Paid Leave Requirements

09/14/2020Bibeau, Anne G.

On August 3, 2020, the Southern District of New York issued an opinion invalidating certain portions of the U.S. Department of Labor’s (“DOL”) Temporary Rule on the paid leave requirements of the Families First Coronavirus Response Act (“FFCRA”). The DOL has responded by revising its Temporary Rule. The revision, which goes into effect on September… Read more »