Workers’ Compensation

Virginia Workers Compensation & Personal Injury Lawsuits Against Subcontractors

07/19/2019Vandeventer Black

The Virginia Workers Compensation Act prohibits employees from suing their employers for injuries incurred in the ordinary scope of employment. The Act provides an exclusive avenue of recourse for injured employees to recover against their employers. Section 65.2-307 of the Act provides that: The rights and remedies herein granted to an employee when his employer… Read more »

Your Responsibility for Worker’s Compensation May Extend Further Than You Think

Construction Worker

09/27/2018Vandeventer Black

Workers’ compensation obligations may extend to cover individuals beyond those you consider to be your traditional employees. While this article considers such obligations under the Virginia Workers’ Compensation Act (VWCA), the consideration may be applicable in other states as well. Consult with an attorney licensed in your state to discuss the issue. One of the… Read more »


Laptop, Computer, Desktop

03/16/2018Vandeventer Black

Last year, the Occupation Safety and Health Administration, (OSHA), issued a rule that requires certain employers to electronically submit on-the-job injury and illness information. In keeping with its responsibility to improve safety for workers, the change seeks to focus more attention on safety through transparency in reporting practices and to ensure that workers will not… Read more »

Two Significant Policy Changes by the Trump Administration’s Department of Labor


06/20/2017Bibeau Anne G.

As we all expected, President Trump has made his mark on numerous federal policies. On June 7, 2017, the U.S. Department of Labor (“DOL”), now under the leadership of Secretary Alexander Acosta, announced that it had withdrawn two of the past administration’s interpretive bulletins, 2015-1 and 2016-1. Both bulletins had been issued by President Obama’s… 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 »

EMPLOYERS BEWARE: Unpaid Officers and Directors may count as employees under the Virginia Workers’ Compensation Act

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11/03/2016Eaton, Jennifer L.

The Virginia Workers’ Compensation Commission (the “Commission”) has consistently held that the members of a board of directors of a corporation are counted as employees under the Virginia Workers’ Compensation Act (the “Act”) whether they are salaried or not.1 The treatment of unpaid directors as employees is important to note because the Act generally applies… Read more »

Who do you think is a Longshoreman?

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08/15/2016Bilisoly, F. Nash

THE SEARCH BEGINS: THE IMPACT OF PRIOR LEGISLATION, LEGAL DECISIONS AND DOL INTERPRETATIONS OF THE ACT The Impact of Prior Legislation, Legal Decisions and DOL Interpretations of the Longshore and Harbor Workers’ Compensation Act Presented by F. Nash Bilisoly of Vandeventer Black, LLP Personal injury recovery in maritime law is inseparably linked to the status of… Read more »

Fee Schedule Update

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05/26/2016Caramore, Megan

On March 7, 2016, Governor Terry McAuliffe signed legislation to establish a workers’ compensation fee schedule in Virginia.  Virginia joins 45 other states in adopting a workers’ compensation fee schedule.  The fee schedule will go into effect on January 1, 2018, and will replace the current system of reimbursing medical providers at “usual and customary”… Read more »

Important changes to FLSA Exempt Status and Overtime Regulations

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05/24/2016Bibeau Anne G.

LEGAL ALERT – Going into Effect on December 1, 2016 The U.S. Department of Labor (DOL) has issued regulations updating the Fair Labor Standards Act (FLSA). The final regulations were issued on May 17, 2016, and will go into effect on December 1, 2016. Under the new regulations, any employee who is paid less than… Read more »