An employer recently called with a question about nursing breaks. An employee returning from parental leave wanted daily breaks to go home to nurse her newborn. What does the law require regarding allowing mothers to… Read more
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Our attorneys’ thoughts on the latest news and laws that affect you and your business.
Recent Posts
Banking the Cannabis Business in Virginia
Because the possession and sale of marijuana, or cannabis, is generally illegal under the federal Controlled Substances Act[1], depository institutions have been reluctant to provide financial services to cannabis-related businesses, even in states where the… Read more
Commercial General Liability Policies: Workmanship Exclusion and Ensuing Loss Exception
In Taja Invs. LLC v. Peerless Ins. Co., the district court for the Eastern District of Virginia considered the scope of the workmanship exclusion in a commercial general liability (CGL) policy (the “Policy”). The case… Read more
Overtime Rule Changes in Effect: FLSA #9
Breaking news! The salary threshold is now $35,568! For the first time in 15 years, overtime regulations received an update. The DOL has now finalized the much-anticipated changes to Obama-era white-collar exemptions under the Fair Labor… Read more
Employee Volunteer Programs: FLSA #8
So you like free stuff? All volunteers are not created equal, so be warned! Let’s say our law firm’s 2020 goal is to broaden our community engagement. To do this, the firm wants each of… Read more
Defective Contractual Performance Is Not an “Occurrence” Under a Commercial General Liability Policy
In Lumbermens Mut. Ins. Co. v. Timber Treatment Techs., LLC (TTT), the District Court for the Eastern District of Virginia considered whether the allegations constituted an “occurrence” under TTT’s commercial general liability (CGL) policy (the… Read more
Business E-Mail Compromise Fraud Affecting Financial Institutions and their Customers Has Surged
Considerations for Prevention and Recovery The U.S. Treasury’s Financial Crimes Enforcement Network (FinCen) reported on July 16, 2019, that Business Email Compromise (BEC) fraud has increased dramatically over the past couple of years. (Read the… Read more
Factoring Monthly, Quarterly, and Annual Bonuses into the Regular Rate: FLSA #7
Do any of your non-exempt employees work overtime and also receive monthly, quarterly, or annual non-discretionary bonuses? If the answer is “yes,” this post applies to you! Employers are required to factor non-discretionary bonuses into… Read more
Summer Issues – Employee Wellness Plans
Although many employees use their cherished vacation time during summer, it is not a time of rest for Human Resources. Instead of having their toes in the sand, HR has to monitor all of the… Read more
Bursting Bubbles and Burden Shifting
Supreme Court of Virginia Reverses Jury Finding Of Undue Influence And, Consequently, Inheritance Passes to Decedent’s Niece Instead of Daughter Parson v. Miller, 296 Va. 509 (2018), was decided by the Supreme Court of Virginia… Read more