Frequently Asked Questions for Employers COVID-19
March 26th, 2020 by JBWK
The Employment Law Group at Jones, Blechman, Woltz & Kelly, P.C. has prepared the following FAQs for our clients to address many of the questions posed by the emergency pandemic of COVID-19. These answers provide general guidance and are not intended to constitute a legal opinion with regard to any particular fact situation. Our contact […]
2019 Virginia Business Legal Elite Winners
October 16th, 2019 by JBWK
We are proud to announce The Virginia Business Legal Elite Winners chosen from our firm this year. Raymond H. Suttle Jr. C. Patrick Tench Herbert V. Kelly Jr. Conway H. Sheild III Robyn Hylton Hansen John T. Tompkins III Matthew D. Meadows Begun in 2000 as a collaboration with the Virginia Bar Association, the Legal […]
The United States Department of Labor Updated White Collar Exemption Rule Became Final on September 24, 2019
September 30th, 2019 by JBWK
This final rule should increase the number of employees legally entitled to overtime compensation as it increases the amount of compensation an employee must earn in order to qualify as an exempt executive, administrative, or professional employees from the Fair Labor Standard Act’s minimum wage and overtime pay requirements to a salary level of $684 […]
Meet Our Staff – Bridgette Powell – Receptionist, Jones, Blechman, Woltz & Kelly
September 9th, 2019 by JBWK
Something I have personally seen grow while working in Oyster Point has been myself, over the 16 years I have worked at JBWK. My guilty pleasure is watching “Girlfriends’ Guide to Divorce” on Netflix. Something that I bring to the community that might not otherwise be there is inspiring others to their own value. If I could determine […]
The Supreme Court of Virginia Preserves Statutory Protections Afforded to Minority Shareholders in May v. R.A. Yancey Lumber Corp.
February 28th, 2019 by JBWK
Submitted by Attorney Blair M. Mathias In its first opinion of 2019, the Supreme Court of Virginia reversed the judgment of the circuit court and remanded the case, May v. R.A. Yancey Lumber Corp., for further proceedings. The Court found that the circuit court had erred in entering judgment in favor of the corporation based […]
The Supreme Court of Virginia Preserves Statutory Protections Afforded to Minority Shareholders in May v. R.A. Yancey Lumber Corp.
February 20th, 2019 by JBWK
Submitted by Attorney Blair Mathias In its first opinion of 2019, the Supreme Court of Virginia reversed the judgment of the circuit court and remanded the case, May v. R.A. Yancey Lumber Corp., for further proceedings. The Court found that the circuit court had erred in entering judgment in favor of the corporation based on […]
JONES, BLECHMAN, WOLTZ & KELLY, P.C. DOES ITS PART FOR THE COMMUNITY
February 13th, 2019 by JBWK
JBWK has a long history of being a good community citizen, and this has been reflected, in part, by the firm’s initiative to have “Dress Down Fridays” when employees and attorneys can wear blue-jeans to work (assuming you don’t have to go to Court!) and pay $3.00 for the privilege of doing so; every […]
Virginia Business Magazine Names 9 JBWK Attorneys to the Legal Elite
January 22nd, 2019 by JBWK
Virginia Business Magazine Names 9 JBWK Attorneys to the Legal Elite Nine lawyers from the law firm of Jones, Blechman, Woltz & Kelly were selected by their professional peers for Virginia Business magazine’s 2018 Legal Elite list published in the December issue. The magazine received more than 3,400 nominations from lawyers throughout the state […]
New Partnership Audit Rules and Roles
November 16th, 2018 by JBWK
Submitted by Attorney Rebecca S. Aman Beginning with the 2018 tax year, the IRS will be implementing new partnership audit rules. Although the new audit regime was enacted with the Bipartisan Budget Act of 2015, the rules are just now going into effect. Limited liability companies (“LLC”s) that are taxed as partnerships likewise will be impacted […]
Can a Criminal Record Prevent You from Being Licensed Professionally in Virginia?
July 10th, 2017 by JBWK
Submitted by Matthew D. Meadows It begins with a dream. You want to start a trade, business, or practice in order to earn a better life for you and your family. You know Virginia is a great place to work and thrive, potentially allowing you to provide for yourself, your home, and your community for […]
Admissibility of Real Estate Tax Assessment to Establish Fair Market Value.
June 28th, 2017 by JBWK
Submitted by Herbert V. Kelly, Jr. In a June 22, 2017 opinion by the Virginia Supreme Court, the Justices found that a trial court did not abuse its discretion in excluding real estate tax assessments to establish the value of real property. In Lawerence E. Gelber, Co-Executor of the Estate of Beverly E. Gelber, Deceased, […]
Harmless Snooping Turns Expensive
June 19th, 2017 by JBWK
Submitted by Katharine J. Westfall Ever had the urge to look through a significant other’s smartphone or computer? Better think twice. In a recent decision, the United States District Court for the Eastern District of Virginia found that a man could bring legal action against his ex-girlfriend for guessing his email password and reading his […]
Wallace B. Wason, Jr. has been named a 2017 Virginia Super Lawyer in the practice area of Personal Injury Medical Malpractice
May 10th, 2017 by JBWK
Jones, Blechman, Woltz & Kelly is pleased to announce that Wallace B. Wason, Jr. has been named a 2017 Virginia Super Lawyer in the practice area of Personal Injury Medical Malpractice: Plaintiff. Mr. Wason is one of only 24 lawyers to win this award in the Commonwealth of Virginia this year, and is the only […]
GUIDE TO SECTION 1031 EXCHANGES
March 17th, 2017 by JBWK
Submitted by Conway H. Sheild, III. I continue to receive questions from people who are somewhat confused about the time limitations that go along with a Section 1031 Exchange, which is an exchange of like-kind investment property so that the tax on any gain can be deferred. While a simultaneous exchange is one where the […]
PERSONAL INJURY AND PROPERTY DAMAGE WITHIN THE CONTEXT OF TORT LAW
March 7th, 2017 by JBWK
Submitted by Conway H. Sheild, III. We are now all familiar with the well-publicized case of Stella Liebeck, the 79 year old woman who bought a cup of coffee for $0.49 at a drive-thru McDonald’s in New Mexico. She placed a cup of coffee between her legs to open the lid, she spilled the coffee […]
Reading At-Will: Employee Handbook Terms
March 7th, 2017 by JBWK
Submitted by Katharine J. Westfall Employees in the Commonwealth of Virginia are generally presumed to be employed at-will, unless it can be proven otherwise, such as by a written contract for a definite duration or evidence of some specific promise by their employer. In short, the at-will employment doctrine provides that either the employer or […]
Where would we be without civil medical malpractice cases?
March 3rd, 2017 by JBWK
Submitted by Wallace B. Wason, Jr. The civil justice system, including medical malpractice cases, plays an important role in our society’s need for justice and balance. Its role is different than the criminal court system, but both systems are helped by the presence of the other. We all learned the basic concepts embodied in […]
EDVA Says Employee with Disability Not Entitled to Special Preference in Reassignment
January 26th, 2017 by JBWK
Submitted by Elizabeth S. Olcott, Esq. Contrary to guidance from the Equal Employment Opportunity Commission (“EEOC”) and rulings of some other courts, the Eastern District of Virginia (“EDVA”) held in November that the Americans with Disabilities Act (“ADA”) does not require an employer to give special preference to an employee with a disability that seeks […]
Diamonds Are… Conditional
January 16th, 2017 by JBWK
Submitted by Attorney Berkley D. Foltz A decision has come down from the Supreme Court of Virginia which somewhat clears up the issue of whether the giver of an engagement ring may get the ring back if the marriage does not occur. Prior to this decision, courts in Virginia inconsistently ruled on this issue. However, […]
2016 LEGAL ELITE WINNERS
December 21st, 2016 by JBWK
Jones, Blechman, Woltz & Kelly, P.C. would like to congratulate our lawyers who were awarded the prestigious title of LEGAL ELITE 2016 by Virginia Business. Berkley D. Foltz – DOMESTIC RELATIONS Raymond H. Suttle, Jr. – BUSINESS LAW Wallace B. Wason, Jr. – CIVIL LITIGATION Herbert V. Kelly, Jr. – CIVIL LITIGATION Robyn Hylton Hansen – LABOR/EMPLOYMENT […]
RE-VISITING 1031 EXCHANGES
December 17th, 2016 by JBWK
Submitted by Conway H. Sheild, III Twenty years ago 1031 Exchanges were very popular. Many real estate transactions involving investment properties involved an Exchange, tax deferral technique (not tax free) whereby the capital gains tax is deferred until the sale of the replacement property occurs. Once you sell an asset, generally real […]
Right to Work and Employment at Will: Two Doctrines with Different Meanings
December 17th, 2016 by JBWK
Submitted by Robyn H. Hansen I often hear the comment “Virginia is a right to work state, and therefore, my employer can fire me at any time.” The premise is correct but the conclusion has nothing to do with the Right to Work. The Right to Work refers to the right of an employee to […]
THE INS AND OUTS OF JURY DUTY IN THE COMMONWEALTH OF VIRGINIA
December 9th, 2016 by JBWK
Submitted by Matthew D. Meadows Recently my 73 year old mother was summonsed for Grand Jury duty in York County and asked me if she was required to serve. I told my mother, a former social studies teacher that not only was it her duty to serve but she was required to by law. Guess […]
Federal Contractors Paid Sick Leave Requirement – January 1, 2017
December 2nd, 2016 by JBWK
Submitted by Attorney Jennifer L. Muse The final rules implementing Executive Order 13706 mandating certain federal contractors and subcontractors to offer paid sick leave to their employees becomes effective January 1, 2017. It only applies to “new contracts,” meaning either a contract entered into on or after January 1, 2017 or one that it renewed […]
The status of Condemnation Law in Virginia
November 30th, 2016 by JBWK
Submitted by Conway H. Sheild, III What can a condemnee expect as compensation? The power of eminent domain has been exercised in the Commonwealth of Virginia since its formative years, and the Virginia Constitution currently reads that the General Assembly shall not pass any law … where private property shall be taken or damaged for […]
December 1 FLSA Overtime Rules Put on Hold!
November 23rd, 2016 by JBWK
Submitted by Elizabeth S. Olcott Twenty-one states asked the U.S. District Court for the Eastern District of Texas to grant an emergency preliminary injunction to postpone the implementation of the FLSA overtime rules set to go into effect on December 1, 2016. On Tuesday night, Judge Mazzant granted the preliminary injunction. Because of this ruling, […]
Now that the presidential election is over what benefits are in store for President Obama once he leaves office?
November 21st, 2016 by JBWK
Submitted by Richard B. Donaldson Jr. Under the Former Presidents Act passed in 1958, the president receives a taxable lifetime pension equal to the annual rate of pay for the heads of executive branch departments, like cabinet secretaries. The amount is currently $205,700 and is set annually by Congress. In addition, in the first 7 […]
Diamonds are for-never? Norfolk jury awards $379,000 verdict against fraudulent jeweler.
November 8th, 2016 by JBWK
Submitted by Attorney Charles Patrick Tench On September 15, 2016, the jury in the cases of Bosun Hau v. Intercarats, LLC and Shashank Kamdar and Ming Fang v. Intercarats, LLC and Shashank Kamdar entered a substantial verdict of $379,000 against the Defendants for violations of the Virginia Consumer Protection Act (VCPA), breach of contract and […]
Angelina Jolie & Brad Pitt Call it Quits
September 21st, 2016 by JBWK
Submitted by Berkley D. Foltz As you may have already heard in the news, celebrity couple Angelina Jolie and Brad Pitt filed for divorce. The two have been in the spotlight as a loving celebrity pair for over a decade. However, they were only married for just over two years. What does this mean for […]
Tracking your Estranged Wife or Significant Other with a GPS- Not a Good Idea
September 21st, 2016 by JBWK
Submitted by Attorney Herbert V. Kelly, Jr. A Father who placed an electronic tracking device in the car owned and operated by his child’s mother, resulted in a misdemeanor conviction for violation of Virginia Code §18.2-60.5. This statue generally prohibits placing or installing an electronic tracking device “through intentionally deceptive means”, in order to […]
Foreclosure Buyers Beware! How Parrish v. Federal National Mortgage Association changes the game for some evictions.
September 20th, 2016 by JBWK
Submitted by Attorney Patrick Tench The Supreme Court of Virginia’s recent decision in Parrish v. Fed. Nat’l Mortgage Ass’n, 787 S.E.2d 116, 120 (Va. 2016) has placed a potential roadblock in the way of foreclosure buyers. Until now, if you purchased a home at a foreclosure auction and the person living there claimed to be […]
Pokemon Go – Searching Has Limits!
August 25th, 2016 by JBWK
Submitted by Richard B. Donaldson, Jr. The wildly popular Pokemon Go game is creating opportunities for gamers to run afoul of trespassing laws. Instances of game players entering private property in search of the next Pokemon capture are increasing. While the object of the game is to have fun and get players outside in search […]
Legal Relief for Flood Victims
August 19th, 2016 by JBWK
Submitted by Katharine J. Westfall The recent news of torrential storms and widespread, record flooding in Louisiana and areas of the Deep South has raised the usual concerns associated with natural disaster. But in addition to government initiatives to provide suitable living conditions, food, water, and other resources to the region, another relief effort has […]
Does claiming to be “off the clock” really mean you’re “off the clock?”
July 26th, 2016 by JBWK
Submitted by Elizabeth S. Olcott – A recent ruling from the Eastern District of Virginia suggests that the answer is yes under certain circumstances. In 2012, a home care aide left a client’s home and went to the pharmacy to pick up the client’s prescription as a personal favor to the client. During this errand, […]
JONES, BLECHMAN, WOLTZ & KELLY, P.C. ACTS AS SETTLEMENT AGENT FOR CHANGE IN OWNERSHIP IN THE CITY CENTER OYSTER POINT PROJECT
July 26th, 2016 by JBWK
Submitted by Conway H. Shield III – In what is probably going to be the City’s largest real estate transaction for some years to come, Jones, Blechman, Woltz & Kelly, P.C. acted as Settlement Agent for a transaction where the bulk of the City Center Oyster Point buildings were conveyed from an […]
A Little Planning Now Could Save You Thousands Later
May 27th, 2016 by JBWK
Submitted by Berkley D. Foltz Perhaps you have heard before how important it is to have a will. Maybe you have said to yourself I do not need a will right now because I don’t have kids or because I don’t really own all that much. Another reason you may dismiss the idea of a […]
THE DEPARTMENT OF LABOR ISSUES THE FINAL RULE ON OVERTIME AND THE WHITE COLLAR EXEMPTION
May 18th, 2016 by JBWK
Submitted by: Robyn H. Hansen, Esquire On May 18, 2016, the Department of Labor (DOL) announced the final rule to update the regulations governing the exemption from the minimum wage and overtime pay protections of the Fair Labor Standards Act (FLSA) for Executive, Administrative and Professional Employees (“White Collar Exemption”). The final rule changes the […]
I got hurt at work so I’m going to sue my employer! Not so fast!
May 13th, 2016 by JBWK
Submitted by: Attorney Richard B. Donaldson, Jr. It is a common misconception that employees injured at work can sue their employer for civil damages. In truth, with rare exceptions, an employee who suffers an injury by accident arising in and out of the course of employment cannot sue his employer. Rather, the injured workers’ exclusive […]
An Argument for Decals over Hang-Tags
May 6th, 2016 by JBWK
Submitted by: Attorney Katharine J. Westfall In a 5-2 decision issued May 5, 2016, the Virginia Supreme Court held that a parking pass hanging from a rear-view mirror was sufficient cause for a traffic stop in that it constituted a violation of Va. Code § 46.2-1054, which prohibits operating a vehicle with any object suspended […]
Until death do us part: Changing rights of surviving spouses in Virginia
May 3rd, 2016 by JBWK
Submitted by Attorney Rebecca S. Aman Virginia law provides that the surviving spouse of a deceased individual is entitled to a minimum amount of the decedent’s estate. This minimum is known as the “elective share” and prevents a decedent from disinheriting or impoverishing his or her spouse. If the decedent does not leave his or […]
Super Lawyer selections for 2016
April 28th, 2016 by JBWK
Submitted by: Grant tenHoeve Jones, Blechman, Woltz, & Kelly, P.C. is pleased to announce that Wallace B. Wason, Jr. has been named a 2016 Virginia Super Lawyer in the practice area of Personal Injury Medical Malpractice: Plaintiff. Also named as Rising Stars in 2016 by Super Lawyers are Matthew D. Meadows, for Business Litigation, […]
“Roll the video tape . . . If we haven’t deleted it yet”
April 22nd, 2016 by JBWK
Submitted by Attorney Charles P. Tench Virginia Federal Court Denies Summary Judgment When Employer Deleted Video of Workplace Incident A Litigation Hold Letter is a written notice to preserve documents and other electronically stored information (“ESI”) in anticipation that a lawsuit will be filed. Its purpose is to make record custodians preserve relevant evidence so […]
Five Members of U.S. Women’s National Soccer Team File EEOC Claim
April 4th, 2016 by JBWK
Submitted by Attorney Elizabeth S. Olcott The U.S. Women’s National Soccer Team (“USWNT”) has been prominent in the news lately due to its status as the reigning Olympic gold medalists and Women’s World Cup champion. The USWNT made news again this week by filing a charge with the Equal Employment Opportunity Commission (“EEOC”). The charge […]
NEW FLSA OVERTIME RULES POSSIBLE THIS SPRING
March 25th, 2016 by JBWK
Submitted by Attorney Jennifer L. Muse On March 14, 2016, the U.S. Department of Labor (DOL) sent the proposed final overtime rule to the Office of Management and Budget (OMB) for its mandatory review. OMB review generally takes 30 days, but that period can be extended. Under the proposed regulations, the minimum weekly salary […]
A RAY OF SUNSHINE IN PROFFERED CONDITIONS
March 21st, 2016 by JBWK
Submitted by Attorney Conway H. Sheild, III Those connected to land development these days are aware that municipal governments on an increasingly strident basis are requiring developers to bear an economic burden, as part of the cost of development, and often the burden that the developers have to bear is greater than the burden they […]
Corporate Formalities Not to be Overlooked Avoid Exposing Yourself to Personal or even Criminal Liability
March 15th, 2016 by JBWK
Submitted by Attorney Matthew D. Meadows Many business owners operate under what is commonly referred to as a trade name or fictitious name when conducting business and entering into contracts. However, in order to operate under a trade name or fictitious name, a business must first be a lawfully created entity, such as a corporation or […]
When does the sanctity of a monetary lien not survive?
March 11th, 2016 by JBWK
Submitted by Attorney Conway H. Shield, III Those conversant in the development, purchase and sale of real estate often think that the validity of a monetary lien (think deed of trust) will hold up in every case (except perhaps where the market value of the property, generally the debtor’s residence, is worth less than the […]
What are your thoughts on Virginia’s reckless driving laws?
February 27th, 2016 by JBWK
Submitted by Attorney Herbert V. Kelly, Jr. Speeding in Virginia. Do you believe that Virginia’s threshold for per se reckless driving offenses for speeding in excess of 80 miles per hour in a 70 miles per hour zone is archaic? House Bill 1185 raises the threshold to 85 miles per hour, but only if the […]
Employers Need to Take Care to Avoid Employee Misclassification
February 18th, 2016 by JBWK
Submitted by Elizabeth S. Olcott The Department of Labor is taking notice of the manner in which employers classify their employees and independent contractors. This classification has a significant effect on a variety of issues including minimum wage and overtime compensation protections, taxes, and workers’ compensation. On July 15, 2015, the DOL issued an Administrator’s […]
Real Estate Regulation To Watch For In 2016
January 27th, 2016 by JBWK
Changes to the EB-5 visa program — which recently received an extension until September 2016 — and to rules for real estate investment trust spinoffs are among the areas of law that real estate lawyers will have their eyes on in 2016. Add to that modifications of the Foreign Investment in Real Property Tax Act […]