The Library

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 […]

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 […]

As of December 27, 2024, reporting requirements under the Corporate Transparency Act (CTA) are once again paused after a panel of the U.S. Court of Appeals for the Fifth Circuit issued an order vacating the December 23, 2024, order granting a stay of the preliminary injunction. The past week has been tumultuous for thousands of small businesses following the status of Texas Top Cop Shop, Inc., et al. v. Garland, et al., No. 4:24-cv-00478 (E.D. Tex.) to determine whether they will be required to file their beneficial ownership information as required by the CTA. For anyone not actively following the […]

No cap[1]; in Virginia medical malpractice actions, your recovery is capped, regardless of the amount of damages you actually sustained. The items of damage that are recoverable depend on the nature of the injury sustained. If the patient suffered injury short of death, their damages can include items such as pain and suffering, humiliation and embarrassment, inconvenience, medical expenses, lost wages, etc.[2] If the injury resulted in death, the decedent’s statutory beneficiaries can recover damages including sorrow, mental anguish, loss of companionship, lost support from income, expenses for the care and treatment for the deceased patient, funeral expenses, etc.[3] Regardless […]

When an individual starts looking for a personal injury lawyer in Virginia, they are often doing so shortly after one of the worst days of their lives. This is doubly true when a parent is looking for legal advice after the death of a child. Virginia, like many states, has a cause of action for wrongful death.[1] This statutory cause of action allows for a personal representative of a deceased individual to bring suit on behalf of the deceased individual’s “statutory beneficiaries.” This statute did leave some questions, however, that were in need of interpretation. For instance, what if a fetus […]

Due to a recent federal court order, reporting companies are not currently required to file beneficial ownership information under the Corporate Transparency Act while the order is in place. However, reporting companies may continue to voluntarily submit beneficial ownership information reports and should monitor the status of the court order going forward. More information is available on FinCEN’s website at https://www.fincen.gov/boi. If you have any questions, please email us at CTA@gentrylocke.com.

When you are injured at work, whether you can sue anyone depends on the identity of the person who caused your injury.  An experienced personal injury lawyer can give you advice which considers the circumstances of your case. 1. Who you CAN’T sue:   If your accident is covered under workers’ compensation, you are NOT permitted to sue your employer or any co-worker.  Your employer is responsible only for paying you a weekly benefit for wage loss and paying the cost of necessary medical treatment for your injury, both as provided in the Virginia Workers Compensation Act. 2. Why you should […]

When Deputy Attorney General Lisa Monaco announced in October 2021 that the Department of Justice would be pursuing a new initiative to combat cybersecurity related fraud, white-collar criminal defense attorneys took notice. DAG Monaco’s message in that announcement was clear: DOJ plans to combine its expertise in fraud enforcement and government procurement to aggressively pursue cyber threats and cybersecurity related fraud. Since that time, DOJ has secured a number of high-profile settlements that have sent the message to government contractors that misrepresenting their cybersecurity posture or failing to report a breach will result in a costly DOJ enforcement action. The […]

Last month,[1] we posted an article that described the challenge businesses faced due to a Department of Labor (DOL) regulation (the “2024 Rule”) that was set to require employers to raise the minimum salary paid to most exempt employees for a second time in six months. The second phase of the 2024 Rule, which would require a salary of $58,656, was set to become effective on January 1, 2025. Now, thanks to a federal court in Texas employers are no longer required to raise salaries comply this new DOL rule. Last Friday, the Court ruled [2] that the DOL’s 2024 […]