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Biden-Era 2024 Independent Contractor Rule Shelved

Articles

On May 1, 2025, the U.S. Department of Labor issued a field assistance bulletin, Wage and Hour Memorandum No. 2025-1, stating that it would no longer apply the 2024 Rule used to determine when workers are independent contractors or employees under the Fair Labor Standards Act. Instead, the DOL said it will enforce the FLSA in accordance with Fact Sheet #13 (July 2008) as informed by Opinion Letter FLSA2025-2, which involves service providers working in a virtual marketplace company. The Trump DOL did not rescind the regulations that created the 2024 Biden-Era Rule, it simply stated it plans to not […]

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What’s My Car Worth? Negotiating Total Loss Insurance Claims in Virginia

Articles

As Virginia personal injury and wrongful death attorneys, our clients often ask us—how much is my car worth? How do I negotiate the value of my vehicle with the insurance company? Am I still entitled to a rental vehicle from the at-fault driver even if my vehicle is a total loss? Surprisingly, the vehicle/property damage claim is the top priority for many clients and the injury claim is sometimes an afterthought. Even if the client suffers a catastrophic injury, they still worry about how their family will get from place to place without their primary vehicle. We represent clients who […]

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Tariffs and Legal Remedies: Excusing Contractual Performance in Virginia

Articles

Contracts are critical to commercial relationships, but unforeseen events, such as high tariffs, can disrupt performance. This article discusses how Virginia courts may handle doctrines like force majeure, commercial impracticability, and frustration of purpose, and explores related issues such as price adjustments, tariffs as taxes, and cost allocation.  It includes considerations that apply to contract drafting, contract interpretation and contract litigation. Doctrines to Excuse Performance Under a Contract in Virginia Excuse of performance obligations evidenced by a written contract is an option in light of extraordinary circumstances when renegotiation may not be an option. Courts often strictly interpret force majeure […]

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Virginia Lawyers Weekly Names Gentry Locke Partner John G. Danyluk a 2025 Go To Lawyer for Cybersecurity and Data Privacy

News

RICHMOND, Va. (April 15, 2025) – The Virginia law firm Gentry Locke is pleased to announce that John Danyluk has been named by Virginia Lawyers Weekly a 2025 Go To Lawyer for Cybersecurity/Data Privacy. Now in its 5th year, the Virginia Lawyers Weekly Go To Lawyers program recognizes top lawyers in a particular field of law. Nominees were selected using six criteria, including those who experience a record of success, a lawyer to whom other lawyers make referrals and someone who can think creatively, among other characteristics. “John is an exceptional attorney whose dedication and hard work has strengthened our […]

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Gentry Locke Partner W. David Paxton named to Virginia Lawyers Weekly’s Class of 2025 Hall of Fame

News

ROANOKE, Va. (April 7, 2025) – The Virginia law firm Gentry Locke is pleased to announce that W. David Paxton, a partner in the firm’s Employment & Labor practice group, has been selected as a member of the Virginia Lawyers Weekly’s Hall of Fame Class of 2025. The award recognizes Virginia’s most significant senior lawyers. “David is a tremendous lawyer. He has handled a stunningly broad range of cases in the employment realm, demonstrating his vast legal knowledge and skill,” said Gentry Locke Managing Partner Brett Marston. “David has helped countless clients over his distinguished career and has earned his […]

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Gentry Locke Named to 2025 Best Places to Work in Virginia List

News

ROANOKE, Va. (April 1, 2025) – The Virginia law firm Gentry Locke is proud to announce its recognition as one of the 2025 Best Places to Work in Virginia by Virginia Business. This prestigious honor underscores the firm’s steadfast dedication to cultivating an exceptional workplace culture and delivering outstanding legal services to its clients. Now in its 15th year, the Virginia Business Best Places to Work in Virginia list is compiled in collaboration with Pennsylvania-based Best Companies Group. The program evaluates employers through a comprehensive process, including anonymous employee surveys and an analysis of workplace policies and practices. This recognition […]

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Post Governor Actions Legislative Update

Articles

The Governor took legislative action on over 960 bills laid on his desk from the 2025 General Assembly Session, including the budget. Governor Youngkin vetoed nearly 160 bills and made recommendations to just as many. In the budget bill, the Governor made 205 amendments and 8 vetoes. A complete list of the Governor’s amendments to the budget may be read here. The General Assembly will have a Reconvene Session on April 2 to respond to his amendments and vetoes. For bills which the Governor vetoed, the threshold for his veto to be overridden is a 2/3 vote of members present. […]

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Deregulation and Preemption of State Laws in the Railroad Industry: When Less May Be Better Than None

Articles

Article originally featured in the Legal Backgrounder, Vol. 40 No. 3 from the Washington Legal Foundation One may have missed the Executive Order issued February 19, 2025, entitled “Ensuring Lawful Governance and Implementing the President’s ‘Department of Government Efficiency’ Deregulator Initiative” (“Executive Order”).[1]  It orders agency heads to identify regulations to target for deregulatory action.  Although that may be a substantial opportunity for certain heavily regulated industries, those same industries and their regulators should be careful that the unintended consequence is not more regulation at the state and local level.  The railroad industry is such an industry; the Federal Railroad […]

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