Blog: Opinions & Observations
What to Do if You Have Been Charged with a Tidal Wetlands Violation
April 11, 2019
In Virginia, wetlands are protected by law. The Virginia Marine Resources Commission (VMRC), working in in close coordination with the Department of Environmental Quality (DEQ) and local Wetlands Boards, have the responsibility to preserve and prevent the destruction of tidal wetlands while also accommodating necessary economic development in a manner consistent with wetlands preservation. Va. Code §28.2-1301(B).Construction activities in tidal wetlands...
Read MoreSubcontractors Can Sue the Owner of a Construction Project in Virginia in Limited Circumstances
August 22, 2018
Owners typically control the money on a construction project. Subcontractors do not have a contract with the owner and therefore have limited rights against the owner. When something goes wrong with the general contractor, if the owner has not paid the general contractor, there are some avenues for a subcontractor to assert a claim directly against the project owner.A subcontractor’s best remedy against a project owner is to file a mechanic’s lien....
Read MoreNaturalization Requirements, Eligibility and Common Causes for Concern
August 14, 2018
The United States has specific requirements that must be met in order to apply for naturalization (U.S. citizenship). Generally speaking, a non-U.S. citizen must be a lawful permanent resident (“green card” holder) of the U.S.A. for a period of five years prior to being eligible for naturalization. If the foreigner is married to a U.S. Citizen who is the same citizen who sponsored them for lawful permanent resident status, then they may apply for...
Read MoreHighlights of Bills and New Laws in Virginia
July 01, 2018
Each January the Virginia General Assembly convenes to consider passing new laws and repealing old ones. Delegates and State Senators meet for six or eight weeks in alternating years with the extra two weeks in years when a budget is voted on, such as this year. Generally, the new laws become effective on July 1st with exceptions for either immediate or delayed enactment. This year the General Assembly considered 3,722 bills. Some were continued to the...
Read MoreWhen Is an Employer Liable for an Employee's Workplace Misconduct?
June 25, 2018
This month, the Fourth Circuit Court of Appeals issued a decision addressing when employers can be held liable for the actions of their employees. Garnett v. Remedi SeniorCare of Virginia, LLC concerned a situation where an employee went on sick leave for a day. While she was gone, her supervisor told her coworkers that she was having gynecological surgery and, therefore, must have an STD. The employee sued the supervisor and her employer for...
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Waterfront Property Owners: Riparian Rights vs. Oyster Aquaculture Companies
June 06, 2018
Riparian property rights are the reason that people pay extra to live “on the water”. Jim Lang authored a widely-read article in June 2013 that explains why riparian property rights command such great value. The homes on Sandfiddler Road in Sandbridge, Virginia, give a practical example that further proves the premium value that the market attaches to riparian property rights. Up and down the five miles of Sandfiddler Road, the homes on the east side...
Read MoreBorrowed Servants on Virginia's Waterfront: A Muddied Predicament for Employers
May 30, 2018
Third party access to waterfront property has become a norm and necessity for most waterfront businesses. Preventing third party access often results in lost business opportunities and profits. In some cases, prevention can result in breach of contract or tortious interferences with business suits brought against the property owner and/or operator. Yet, allowing third party access complicates employment relationships at the worksite and the legal...
Read MoreDo Employers Have to Pay Interns Overtime or Minimum Wage?
May 17, 2018
With summer approaching, employers are hearing from college students looking for internships. In the past, the Department of Labor (“DOL”) made it almost impossible for “for profit” employers to establish unpaid internship programs that did not violate the Fair Labor Standards Act (“FLSA”). The DOL used a rigid, six-factor test that prohibited employers from gaining an immediate advantage from the intern’s activities, which severely limited the intern’s...
Read MoreNew Spousal Support Tax Changes Affect Payors and Payees
May 01, 2018
The Tax Cuts and Jobs Act (the “Act”) became law on December 22, 2017 and influences many areas of American life. Anyone who is contemplating divorce should understand how the Act treats spousal support payors and payees. For years, the tax code permitted the payor spouse to deduct his or her spousal support from the payor’s taxes. The payee spouse was required to include the support payment in his or her income. From a practical perspective, this...
Read MoreApril 24, 2018
In case you missed it, January 1 of this year (2018) ushered in a significant change in the world of limited liability companies and partnerships. Under the Bipartisan Budget Act of 2015 (“BBA”) the existing rules for auditing partnerships were replaced with an entirely new set of rules. In addition, the role of the “tax matters partner” was replaced with that of a “partnership representative”. Both of these changes are significant and impact the...
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