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Practical Advice for Virginia Private Sector Employers Regarding their DEI Policies & Practices

Articles

Article by Todd Leeson[1] There is much confusion regarding whether private sector employers are able to maintain policies regarding Diversity, Equity and Inclusion (DEI) in the workplace.  I have been following the public policy and legal issues surrounding DEI for years.  I have also closely scrutinized the activities over the last few weeks including the Executive Orders (EOs) recently issued by President Trump.  This article is the combination of my experience, as well as dozens upon dozens of articles and legal authorities I have studied. It is not exhaustive, but is intended to convey my primary thoughts at this time. […]

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D.C. Plane Crash: What Legal Remedies May Be Available?

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If you or a loved one has been affected by an aviation accident, understanding your legal options is crucial. Learn how Gentry Locke’s experienced attorneys can help pursue justice and compensation for you or your family.  Learn More Here On the night of January 29, 2025, one of the most devastating plane crashes in U.S. history took place in Washington, D.C. That evening, a Bombardier CRJ700 plane (American Airlines flight 5342), transporting four crew members and 60 passengers, was flying northbound over the Potomac River and preparing to land at Ronald Reagan Washington National Airport (DCA) on runway 33.[1] As […]

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Why Victims of Airplane Crashes Should Seek Guidance from a Licensed Pilot/Lawyer

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If You Are a Victim of a Plane Crash If you or a loved one are the victim of a plane crash, it is crucial that you know and understand the following information to improve your chances of obtaining a successful outcome and hold those responsible accountable for your losses. Potentially responsible parties are extremely challenging to identify. They may include the pilot, airplane owner, charter operator, fueler, mechanics, and manufacturers to name a few. Plane crashes often involve the most catastrophic polytrauma-type injuries – meaning they frequently involve brain injuries, loss of limbs, orthopedic injuries, tendon and muscle injuries, […]

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Corporate Transparency Act Enforcement Still Paused Despite SCOTUS Grant of Stay

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On January 23, 2025, the Supreme Court of the United States (SCOTUS) granted the Application for Stay filed by the government, led by Justice Alito—Justice Gorsuch concurring and Justice Jackson dissenting. This Grant of Stay marks an end to the December 5, 2024 injunction preventing the Financial Crimes Enforcement Network (FinCEN) from enforcing the Corporate Transparency Act (CTA) issued by the United States District Court for the Eastern District of Texas, in Texas Top Cop Shop, Inc. v. McHenry, case No. 4:24–cv–478 (formerly Texas Top Cop Shop v. Garland) pending the appeal in the United States Court of Appeals for […]

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Employment Authorization Verification for U.S. Employers: Form I-9 Basics

Articles

In last year’s Presidential election, the problem of illegal immigration was often center stage. President-elect Trump made it clear that he would be aggressive in rounding up and deporting those who are not lawfully in the United States. During the first Trump Administration, the effort to combat illegal immigration included an increased use of workplace inspections of employers’ hiring records and practices by federal authorities.  There is every reason for employers to anticipate this same type of aggressive enforcement will be pursued following the second Trump inauguration. A focus on workplace hiring practices should come as no surprise.  According to […]

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The Complaint Giveth, but the Amended Complaint Taketh Away: Supreme Court Rules on Federal Jurisdiction

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In Royal Canin U. S. A., Inc., v. Wullschleger, No. 23-677, 2025 U.S. LEXIS 365 (2025), the Supreme Court of the United States resolved a circuit split as to whether a plaintiff’s amendment of her complaint after the defendant’s proper removal to federal court can eliminate all federal claims and force remand to state court. This opinion, the Court’s first of 2025, clarifies that federal courts must remand if the amended complaint removes the basis for federal jurisdiction, even if jurisdiction existed at the time of removal. The plaintiff, Ms. Wullschleger, sued Royal Canin in Missouri state court, alleging deceptive […]

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Tangled in Vines: Understanding the Relation-Back Doctrine in Virginia

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The relation-back doctrine plays a pivotal role in litigation, particularly when addressing amendments to pleadings after the statute of limitations has expired. In Virginia, this doctrine and its evolution through case law and legislation have created an intricate legal landscape, making it essential for practitioners to understand its nuances. The relation-back doctrine allows amendments to pleadings to be treated as though they were part of the original filing, provided specific conditions are met. This concept is crucial when the original complaint is filed before the statute of limitations expires, but amendments are sought afterward. The primary question is whether the […]

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U.S. Supreme Court Rejects Fourth Circuit’s Approach to FLSA Exemptions

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On January 15, 2025, a unanimous Supreme Court ruled that the preponderance of the evidence standard should be used by courts when determining whether an employer has proven that an employee is exempt and not eligible to be paid overtime.[1] Justice Kavanaugh began his opinion by noting that under the Fair Labor Standard Act (“FLSA”) certain categories of employees are exempt from the minimum wage and overtime pay requirements. Exempt employees “can range from baseball players to seaman to maple syrup processors to software engineers to fire fighters.” The FLSA places the burden on the employer to show that an […]

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Updated 2025 “Low Wage” Salary Levels for Virginia Non-Compete Agreements

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As a reminder, Virginia is one of eleven states (along with Washington, D.C.) that imposes restrictions on the use of non-compete agreements for so-called “low wage employees.” Effective now in 2025, the salary threshold defining a “low wage employee” in Virginia has increased from $73,320 to $76,081 annually. This adjustment reflects changes to the state’s Average Weekly Wage, as determined by the Virginia Department of Labor and Industry (DOLI). Employers should take note of this updated threshold to ensure compliance with Virginia law regarding non-compete agreements. For a deeper understanding of the “low wage” salary restrictions and how the annual […]

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Workers’ Compensation and Negligence Cases

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Work-related injuries occur in an endless and variety of ways. In those instances where injuries happen when an employee is in the course of his/her employment and the accident arises out of a risk of that employment, workers’ compensation benefits should be available to the injured worker. If the actual injuries themselves were “caused” by a defective product or the negligence of a third party, then the injured employee can collect both workers’ compensation benefits and recover money damages against the third party at the same time. At first blush, Virginia law on this subject might seem like a double […]

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