ThompsonMcMullan PC

SCOVA Watch: Three Takeaways From the Court’s Recent Ruling on Same-Sex Cohabitation

Last December, I previewed the case of Luttrell v. Cucco, which had, at that time, just been taken up by the Supreme Court of Virginia. There are a few notable lessons from the Court’s ruling that are useful reminders for…more
| Civil Procedure, Civil Rights, Family Law

Department of Labor Reveals its New Overtime Expansion Rule

In July of last year, I wrote a blog entry about the Wage and Hour Division of the Department of Labor (DOL)’s issuing a proposed rule revising the “white collar exemptions” to the Fair Labor Standards Act (FLSA) in order to…more
| Labor & Employment Law

Build Certainty in Business by Changing the Law

Too many lawyers and business leaders overlook one of the best tools in their toolbox. Changing the law to meet your needs can be your best bet. One need is certainty. Knowing that the rules of engagement today will be…more
| Commercial Law & Contracts, Elections & Politics, Labor & Employment Law

Sixth Circuit Permits IRS to Force Sale of Residence Held by the Entireties Where Only One Co-owner Owed Tax

In 2002, the Supreme Court, in United States v. Craft, held that a federal tax lien could attach to one spouse’s interest in property held by the entireties even though the co-owning spouse was not liable for the unpaid taxes. …more
| Business Organizations, Civil Procedure, Real Estate - Residential, Taxation

Tax Court Holds Damages Not Attributable to Physical Injury

Section 104(a)(2) of the Internal Revenue Code provides an exclusion from gross income for damages received for physical personal injury or physical sickness. The statute further provides that emotional distress is not a…more
| Civil Procedure, Civil Rights, Labor & Employment Law, Personal Injury, Taxation

SCOVA Watch: Does Virginia’s spousal support termination statute encompass cohabitation of same-sex couples?

On November 10, 2015, the Supreme Court of Virginia granted an appeal in Luttrell v. Cucco, Record No. 150770. Although the granting of the case did not make the news (they rarely do!), this case has the potential to be a…more
| Civil Procedure, Civil Remedies, Civil Rights, Family Law

MLB Strikes Out in Acquiring Twins.com

October—the month of seasonal changes, crunching leaves, artificial pumpkin flavoring, and, for sports fans, the October Classic. As survivors of the never-ending major league baseball regular season battle for World Series…more
| Art, Entertainment, & Sports Law, Communications & Media Law, Intellectual Property

OSHA Targeting “Contractor” Designations in Virginia

Companies using independent contractors have long vexed agencies that regulate employment. Certainly, the issue has furrowed all 120 eyebrows of the inspectors who enforce Virginia’s Occupational Safety and Health Act (“OSHA”)…more
| Labor & Employment Law

Bad Law? Change It.

As the saying goes, when attorneys have the facts on their side, they pound the facts. When they have the law, they pound the law. And when they have neither, they pound the table. There’s another way. Quit pounding…more
| Elections & Politics, Labor & Employment Law

Proposed Changes to the White Collar Exemptions Under the FLSA Might Make Some Employers Turn Green

On July 6, 2015, the Wage and Hour Division of the Department of Labor (DOL) issued its proposed rule and request for comment entitled “Defining and Delimiting the Exemptions for Executive, Administrative, Professional, and…more
| Labor & Employment Law

More for Employers to Be Anxious About Under the ADAAA

In 2008, Congress enacted the ADA Amendments Act of 2008 (ADAAA), which expanded the Americans with Disabilities Act of 1991 (“ADA”). Congress passed the ADAAA with the express intent of counteracting several Supreme Court of…more
| Civil Rights, Labor & Employment Law

Calling Your Boss a “Nasty Mother F@#$%r” and Other Protected Activities

If an employee lashes out against a supervisor on social media with a string of obscenities, you can fire that employee, right? You would think so, but not always. Context matters…more
| Labor & Employment Law

They Can’t Take That Away From Me. Well, At Least Not At First

Some of you may recall the George and Ira Gershwin song, They Can’t Take That Away From Me made famous by Fred Astaire and Ginger Rogers in the film, Shall We Dance. A recent amendment to a mechanic’s lien statute will limit…more
| Commercial Law & Contracts, Construction Law

A Delayed Christmas – Client Receives Waiver of $17,000 Social Security Overpayment

On a recent Monday morning, I opened a letter from the Social Security Administration (SSA) advising that my client’s nearly $17,000 overpayment had been fully waived. SSA had actually overpaid him for an entire year, by…more
| Administrative Law, Labor & Employment Law

ABLE Act 2014

On December 19, 2014, the “Achieving a Better Life Experience Act of 2014” (ABLE ACT 2014) was enacted. The purpose of the Act is to permit families to save private funds to help support some individuals with disabilities to…more
| Health, Taxation
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