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Articles

Virginia’s Workers’ Compensation And Undocumented Workers: Are Employers Liable For Paying Benefits?

02/18/2020 by Dustin T. Narcisse, Esq.

Undocumented workers in Virginia are entitled to workers’ compensation benefits but not to the same extent as workers who are legally eligible to work in the United States. This concept is commonly misunderstood by workers, employers and workers’ compensation insurers alike. Before analyzing the legal landscape as it pertains to undocumented workers and their eligibility… Read more »

Construction Change Order: Friend or Foe

01/23/2020 by George M. Nicholos, Esq.

The dreaded Change Order or CO is almost unavoidable on most projects. COs commonly result because of things such as inaccurate specifications, ambiguous or inaccurate drawings, unforeseen conditions at a job site, issues with construction materials, faulty budgets or schedules, or additional requests or changes by an owner. CO logistics vary by contract, and it… Read more »

Virginia’s Right To Work Law Is Under Attack

01/13/2020 by Anne G. Bibeau, Esq.

Virginia Senate Majority Leader Dick Saslaw (D-Fairfax) has introduced a bill to repeal a key provision of Virginia’s right to work law. Since 1947, the law in Virginia has been that no one can be compelled to join a union (Va. Code § 40.1-60) or to pay union dues against his or her will: “No… Read more »

Virginia Will Focus On Misclassification Of Workers As Independent Contractors

12/19/2019 by Vania Ratliff, Esq.

In August 2018, Governor Northam signed Executive Order 16, which established the Inter-Agency Taskforce on Misclassification and Payroll Fraud. The Taskforce’s purpose was to make recommendations on how to measure and combat “misclassification” of workers as independent contractors in the view of the Commonwealth. The Taskforce included representatives from a variety of state agencies, such… Read more »

Compliance With Overlapping Solicitation Requirements

12/12/2019 by Daniel Salmon, Esq.

The Berry Amendment Example Hopeful government contractors must be aware of all the requirements of a solicitation to avoid being deemed non-responsive.  This is rarely a simple task; however, when multiple clauses govern the same subject, the risk of error in following such requirements increases.  This article demonstrates such an issue by explaining the interworking… Read more »

Small Business Size Standards: Calculation Of Annual Average Receipts

12/10/2019 by Michael L. Sterling, Esq.

Transition From A 3-Year Averaging Period To A 5-Year Averaging Period As reported in the Federal Register, the U.S. Small Business Administration (SBA or Agency) is modifying its method for calculating average annual receipts used to prescribe size standards for small businesses. Fed. Reg. Vol. 84,  No. 234, Dec. 5, 2019. Specifically, in accordance with… Read more »

Mixed Economic News from the Construction Industry

11/25/2019 by George M. Nicholos, Esq.

Navigating mixed signals in the construction industry; the AIA’s Architecture Billings Index through September 2019 indicates generally flat but encouraging business conditions. Dated – No. Important – Yes. Why? The Architecture Billings Index (ABI) is a composite index derived from monthly report surveys from member firms located throughout the country reporting on activity of “work-on-the-boards.”… Read more »

Part 3: UNITED STATES DEPARTMENT OF AGRICULTURE PUBLISHES INTERIM FINAL RULE ON DOMESTIC HEMP PRODUCTION

11/12/2019 by Jonathan V. Gallo, Esq.

Part III This article is the third in a three-part series discussing the United States Department of Agriculture’s (USDA) Interim Final Rule on the establishment of a domestic hemp production program recently published in the Federal Register (Rule). Perhaps recognizing the potential uncertainty in hemp production, the Rule makes clear that hemp producers do not… Read more »

Part 2: United States Department of Agriculture Publishes Interim Final Rule on Domestic Hemp Production

11/11/2019 by Jonathan V. Gallo, Esq.

Part II This article is the second in a three-part series discussing the United States Department of Agriculture’s (USDA) Interim Final Rule on the establishment of a domestic hemp production program recently published in the Federal Register (Rule). Under the Rule, State or Tribal plans to regulate the production of hemp must include certain provisions. … Read more »

Part 1: United States Department of Agriculture Publishes Interim Final Rule on Domestic Hemp Production

11/08/2019 by Jonathan V. Gallo, Esq.

Part I On Thursday, October 31, 2019, the United States Department of Agriculture (USDA), Agriculture Marketing Service (AMS) published an interim final rule (Rule) on domestic hemp production in the Federal Register. The Rule will remain effective through November 1, 2021, until the final rule is published, after a sixty-day public comment period and final… Read more »