博客:意见 & 观察

Naturalization Requirements, Eligibility and Common Causes for Concern

2018年8月14日

The United States has specific requirements that must be met in order to apply for naturalization (U.S. 国籍).  一般来说，一个非美国的国家.S. citizen must be a lawful permanent resident (“green card” holder) of the U.S.A. for a period of five years prior to being eligible for naturalization.  如果外国人与美国公民结婚.S. Citizen who is the same citizen who sponsored them for lawful permanent resident status, 然后他们可以申请...

弗吉尼亚州法案和新法律要点

2018年7月1日

Each January the Virginia General Assembly convenes to consider passing new laws and repealing old ones. Delegates and State Senators meet for six or eight weeks in alternating years with the extra two weeks in years when a budget is voted on, 比如今年. Generally, the new laws become effective on July 1st with exceptions for either immediate or delayed enactment. 今年，联合国大会审议了3722项法案. 有些人继续到...

When Is an Employer Liable for an Employee's Workplace Misconduct?

2018年6月25日

This month, the Fourth Circuit Court of Appeals issued a decision addressing when employers can be held liable for the actions of their employees.  Garnett v. 维吉尼亚老年医疗保险, LLC concerned a situation where an employee went on sick leave for a day.  她不在的时候, her supervisor told her coworkers that she was having gynecological surgery and, therefore, 必须有性病.  这名雇员起诉主管和她的雇主...

滨水物业业主:滨水权vs. 牡蛎养殖公司

2018年6月6日

Riparian property rights are the reason that people pay extra to live “on the water”.   Jim Lang authored a widely-read article in June 2013 that explains why riparian property rights command such great value.   桑德布里奇的沙菲德勒路上的房子, Virginia, give a practical example that further proves the premium value that the market attaches to riparian property rights.  Up and down the five miles of Sandfiddler Road, the homes on the east side...

Borrowed Servants on Virginia's Waterfront: A Muddied Predicament for Employers

2018年5月30日

Third party access to waterfront property has become a norm and necessity for most waterfront businesses.  Preventing third party access often results in lost business opportunities and profits.  在某些情况下, prevention can result in breach of contract or tortious interferences with business suits brought against the property owner and/or operator.  Yet, allowing third party access complicates employment relationships at the worksite and the legal...

雇主是否必须支付实习生加班费或最低工资?

二零一八年五月十七日

With summer approaching, employers are hearing from college students looking for internships.  在过去, the Department of Labor (“DOL”) made it almost impossible for “for profit” employers to establish unpaid internship programs that did not violate the Fair Labor Standards Act (“FLSA”).  DOL使用了刚性, six-factor test that prohibited employers from gaining an immediate advantage from the intern’s activities, 这严重限制了实习生的发展...

新的配偶赡养费税变化影响付款人和收款人

2018年5月1日

The Tax Cuts and Jobs Act (the “Act”) became law on December 22, 并影响了美国生活的许多领域. Anyone who is contemplating divorce should understand how the Act treats spousal support payors and payees. For years, the tax code permitted the payor spouse to deduct his or her spousal support from the payor’s taxes.  The payee spouse was required to include the support payment in his or her income.  从实际的角度来看，这...

How Do New Partnership Audit Rules and the New Role of a “Partnership Representative” Affect my LLC or Partnership?

2018年4月24日

以防你错过了, January 1 of this year (2018) ushered in a significant change in the world of limited liability companies and partnerships.  Under the Bipartisan Budget Act of 2015 (“BBA”) the existing rules for auditing partnerships were replaced with an entirely new set of rules.  除了, the role of the “tax matters partner” was replaced with that of a “partnership representative”.  这两个变化都是重要的，并影响...

Implied Certification: A New Trap for Unwary Federal Contractors

2018年4月5日

《亚洲博彩平台排名》(“FCA”),[i]  has been around since 1863 and has been repeatedly amended by Congress.  The FCA can result in liability to the government for treble damages, 加上最高10美元的民事罚款,000, 对于任何明知而提出虚假索赔的人, 或要呈现的原因, 向政府提出虚假或欺诈性的付款要求.[ii] Because a “claim” against the government includes any request for the payment of money, any...

Does Title VII Protect against Employment Discrimination Based on Sexual Orientation?

2018年3月21日

Most Americans are aware that Title VII of the Civil Rights Act of 1964 prevents discrimination by employers against employees “because of such individual’s race, color, religion, sex, 或者国籍.“这是一个备受期待的决定, 第二巡回上诉法院, 它涵盖了东北部的几个州, recently overturned its own precedent and became the second federal appellate court to find that Title VII protects individuals who are...