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Preserving Evidence In Construction Cases

January 22, 2018

Whenever an owner notices a problem with a building, one issue that may arise is how to properly preserve evidence for use at trial. Fortunately, the Virginia Supreme Court has recently issued an opinion which makes life a little bit easier for...

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Mitigation Bank Sponsors Beware

January 17, 2018

The U. S. Army Corps of Engineers (the “Corps”) is proposing to require sponsors of newly established mitigation banks to sign documents that will likely discourage anyone from assuming the substantial financial obligations involved with the...

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Construction Law - Virginia

December 19, 2017

When an owner hires a contractor to perform construction and the work goes poorly, damages is one of the issues that can be contested. This article by Wolcott Rivers Gates attorney, Barry Dorans, discusses the nuances of what recourse a client has...

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Tip Credits Under the Fair Labor Standards Act (FLSA) - FLSA Update No. 2

December 08, 2017

The Fair Labor Standards Act (“FLSA”) requires employers to pay $7.25 per hour plus overtime to most workers but allows tipped employees to be treated differently by use of the “tip credit”. Unfortunately, there are many rules regarding the tip...

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Construction Law: Owners - Architects - Contractor

November 28, 2017

A building fails, is it the fault of the contractor who built it or someone else? In some cases, an owner hires a company to build a building with no real plans to go from, such as a free standing garage constructed for a home, but in many...

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What Is The Minimum Pay For Salaried Employees Under The Fair Labor Standards Act? - FLSA Update No. 1

November 14, 2017

The Fair Labor Standards Act (“FLSA”) requires that all non-exempt employees be paid time and a half for any overtime they work in a work week. To be exempt, an employee must meet certain task related criteria, such as being a manager, and be paid...

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Priority Claims for Surviving Spouse and/or Minor Children

July 31, 2017

After losing a spouse, the surviving spouse can feel overwhelmed and anxious regarding available resources. This is particularly true if the probate estate of the deceased spouse is nominal or the deceased spouse had significant debt. There are...

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What Is The Big Deal It Is Only A Name?

July 25, 2017

Many businesses use a name that is different from its legal name called a trade or fictitious name. This can happen by simply dropping the “Corp.,” “Inc.,” “LLC,” etc. from the legal name of the business entity. For example, an entity created as...

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UPDATE: White Collar Exemptions

June 13, 2017

On June 7, 2017, attorneys for employees of Chipotle filed suit in a U.S. District Court seeking overtime for any employee who worked for Chipotle and was paid a salary of less than $47,476 from December 1, 2016 to the present. There is some...

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President Trump’s Roll-Back of the Clean Water Act

March 07, 2017

On February 28, 2017, President Trump signed an executive order subtitled; “Restoring the rule of law, federalism, and economic growth by reviewing the ‘Waters of the United States’ rule”. With the stroke of his pen, and with Scott Pruitt sitting...

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