Many employers have had to terminate or furlough employees in 2020 due to COVID-19. Under IRS rules, a partial termination of a retirement or 401(k) plan may occur when there is a significant reduction (generally more than 20%) in plan participation due to employer-initiated terminations or layoffs during the plan year. If a partial termination… Read more »
Articles
Let Your Fingers Fly—At Least in North Carolina
10/17/2020
ArticlesLegal AlertThe EDVA Norfolk Blog
As we discussed last summer, the North Carolina Court of Appeals issued a surprising decision that there was probable cause to pull over a driver in North Carolina after he makes “an up-and-down pumping motion with his middle finger extended.” We thought the decision was wrong, and we praised the dissent by Judge Arrowood. Justice… Read more »
The Short Guide to Short-Term Rentals: Norfolk, VA Edition
10/16/2020
ArticlesBusinessCommercial Real Estate
Short-term rentals have become increasingly popular with Hampton Roads visitors and a big source of income for local property owners. Many guests in the Hampton Roads area are finding accommodations on websites like AirBnb.com, HomeAway.com, and Tripping.com, instead of staying in traditional hotels and resorts. In 2018, Airbnb hosts in the City of Norfolk alone… Read more »
Simplified PPP Forgiveness Procedure for Loans of $50,000 or Less
10/12/2020
ArticlesBusinessCoronavirus
NOTE: This article updates the information in the following Articles previously published: PPP Loan Forgiveness, April 29, 2020 Additional PPP Loan Forgiveness Guidelines, June 2, 2020 PPP Loan Forgiveness Application, After the Payroll Protection Program Flexibility Act of 2020, June 24, 2020 On Friday, October 9, 2020, the Small Business Administration (“SBA”) released guidelines for… Read more »
The Power of the Court Compels You: The Frequency and Result of Motions to Compel in the Norfolk and Newport News Divisions of the Eastern District of Virginia
10/12/2020
ArticlesLegal AlertThe EDVA Norfolk Blog
[Reprinted from “Fed Tide”—newsletter of the Hampton Roads Chapter of the Federal Bar Association. If you are not a member, and you practice in Hampton Roads, you should be!] Few litigators like discovery. It can be extensive, expensive, and irritating. It can also lead to a motion to compel and the unpleasantries that often surround… Read more »
Business Owners’ Reputations: How Notoriety Can Make Owners (and Their Businesses) Prey to Defamation
Effectively marketing a business and maintaining its reputation and goodwill within the community is exceptionally important to the success of a business, but it is a full-time effort as well. For better or worse, a business’s image and reputation are often closely tied to the image and reputation of its owner or owners. This can… Read more »
To Infinity and Beyond Immediate Parties: The Fourth and Ninth Circuit Split on the Enforceability of “Infinite Arbitration Clauses”
Imagine walking into an AT&T store to sign up for a service plan and buy a new cellphone. Perhaps, you are excited to finally get your hands on the latest iPhone. At the same time your new phone is placed into one hand, a pen is placed into the other. You sign the dotted line… Read more »
Welcome Back to Hampton Roads Judge Roderick Young
10/05/2020
ArticlesLegal AlertThe EDVA Norfolk Blog
On a vote of 93-2, the Senate confirmed the EDVA’s newest judge. The Honorable Roderick C. Young will now preside over cases in Hampton Roads. Who are the two senate holdouts? Chuck Schumer of New York and Richard Blumenthal of Connecticut. In contrast, the two Virginia Senators said in a press statement that “Roderick Young… Read more »
DOL Proposes New Rule Clarifying Independent Contractor Status
09/30/2020
ArticlesLabor & Employment
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
09/30/2020
ArticlesLabor & Employment
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 »