Virginia recently enacted significant amendments to its wage payment laws. These amendments under Virginia’s Wage Payment Act (“VWPA”) are the first of its kind and provide enhanced protections for employees who are victims of wage theft by creating a private cause of action for employees to sue their employers to recover unpaid wages owed. Additionally, the new laws expand the Virginia Department of Labor and Industry’s (“DOLI”) authority to investigate wage complaints. As background, the VWPA provides employees with numerous…
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In this interview, Matthias chats with Professor Joshua Fairfield on the current state of music copyright law, with a focus on how the law treats the new generation of content creators who are reacting to and utilizing existing media in creative ways, what the future may hold, and how content creators can navigate a complex legal landscape that isn't necessarily well-tailored to new technological and social advances. They discuss music copyright law, fair use, licensing, master recordings, YouTube reaction videos,…
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I was recently on a road trip with my family, within an hour of our target destination on one of this country’s major interstates. We had been in the car for hours, the terrain was flat, the summer sun blazed through the windows, and the states had passed by. As a truck lawyer, I spent much of the drive watching logos pass by the windshield – current clients, former clients, great white whales of the trucking industry. My husband and…
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Every time we give a presentation on Workers' Compensation, or contracting, or employer liability, or a similar subject, someone comes up to one of us and asks some question about how they have no employees, only independent contractors, and their contract includes terms X and Y, or some contractor got injured while working, etc. Each time these people seem to believe they have come up with an iron-clad way to reduce expenses, avoid the need for insurance (or even foist…
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In April, 2016, two long haul carriers became embroiled in a $90,000,000 lawsuit where one carrier alleged that the other carrier actively recruited and hired drivers who were bound under its employment contracts. Specifically, Carrier A’s employment contracts prohibited it’s drivers from working for competitors for a specified amount of time. Carrier A asserted that Carrier B was poaching it’s employees and set forth claims against Carrier B for (1) intentional interference with contract, (2) intentional interference with prospective economic…
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Virginia entered Phase III of its reopening plan on July 1, 2020 following COVID-19 closures. Other states are in various phases of reopening, with some reversing their course of conduct due to upticks in active COVID-19 cases and hospitalizations. As new world order ensues, businesses are attempting to protect themselves in any way possible – including against claims by first and third parties. The most basic attempt at protection is simple notice. Notice is an effective posting of rules or…
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Last year, we reported (link: https://www.setlifflaw.com/news/2019/12/richmond-city-voting-to-join-spotsylvania-county-and-hampton-city-in-banning-handheld-cell-phone-use-while-driving/) that Richmond voted to adopt an ordinance banning handheld cell phone use while driving. The day of reckoning is upon us – as of June 8, 2020, the ordinance has officially gone into effect. The full text is as follows: Sec. 27-40.1. Distracted driving. (a) Any person who drives a motor vehicle on any public street or highway in the city while using any handheld personal communications device is guilty of distracted driving. (b)…
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On May 26, 2020 Virginia’s governor, Ralph S. Northam issued an Executive Order requiring people in the Commonwealth of Virginia to wear a face mask/face covering when in a public indoor setting. This Executive Order followed the governor’s Executive Order Fifty-Five which required the people of Virginia to stay at home and maintain a distance of at least six feet from each other when using shared outdoor spaces with certain exceptions. This order was effective through June 10, 2020. Is…
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In the short time the coronavirus disease 2019 (COVID-19) was first identified in December 2019 in China, the world is a much different place. As of June 23rd, more than 9.15 million cases had been reported across over 180 countries. The pandemic caused the largest global recession in history, with more than a third of the global population being placed on lockdown. Businesses have all been affected in varying degrees and continue to suffer related losses. Does your company have…
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It’s oddly satisfying when a state agency basically orders you to do what you’re already doing. Helping in that regard, the Virginia Legislature recently passed a statute essentially directing Worker’s Compensation defendants to do what they’ve already been doing. All that has really happened here is that the legislature took the fully functioning system under Commission Rule 1.5 and got involved for no apparent reason. If it ain’t broken, keep fixing it. Current practice before the Commission has the Commission…
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