The Library

On July 15, 2015, David Weil, the Department of Labor’s (“DOL”) Administrator of the Wage and Hour Division, issued an Administrator’s Interpretation Memorandum (“Guidance”) interpreting the Fair Labor Standards Act broadly to include most workers as “employees” as opposed to independent contractors. The Guidance is significant because as many as one third of the American workforce is estimated to be employed in the rapidly growing “sharing” or “gig” economy,[1] and these individuals are frequently classified as independent contractors. The Guidance is the latest  DOL initiative designed to attack misclassification of workers. Application of Economic Realities Test Recognizing that courts have […]

Workplace accidents will affect your employees and your business, whether through lost time, payments for medical care, or the simple human stress reaction that affects everyone—management as well as labor—involved with an accident. Moreover, there are a number of statutory and contractual requirements arising out of workplace accidents with which businesses must immediately comply. In short, handling a workplace accident means both protecting your employees and protecting your business. Thus, it pays to be prepared to swiftly handle such accidents by taking immediate action to make sure both your employees and your business fully recover. First Steps: protecting your employees […]

Nicole Poltash joined Gentry Locke’s Construction group in December of 2014. She contributes to two blogs, Virginia Construction Law Update at www.VAConstructionLawUpdate.com, and Virginia OSHA Law News at www.VaOSHALawNews.com. Attorneys often pride themselves on being objective—on being able to see both sides of the story and then adamantly argue for that side which is their client’s. Of course, there are also two sides to practicing in each area of the law. Below are some of the dual lessons I have learned since joining the legal profession as a construction lawyer at Gentry Locke. Know Thy Client. Clients in the construction […]

Birchwood-Manassas Assocs., LLC v. Birchwood at Oak Knoll Farm, LLC “Equity aids the vigilant, not those who sleep on their rights.” The Supreme Court of Virginia affirmed this oft-stated maxim in Birchwood-Manassas Assocs., LLC v. Birchwood at Oak Knoll Farm, LLC, No. 141195, 2015 Va. LEXIS 76 (Va. June 4, 2015). There, the Court held that equitable tolling was not available, because neither manager conflicts of interest nor alleged breaches of fiduciary duty constitute an “extraordinary circumstance.” Birchwood-Manassas Associates LLC (“Birchwood-Manassas”) was formed to own, develop, and sell real estate. Ronald J. Horowitz and Burton Haims were Birchwood-Manassas’s managers, with […]