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The Americans with Disabilities Act (ADA) became law in 1990 and prohibits discrimination on the basis of disability in employment, state and local government, public accommodations, commercial facilities, transportation, and telecommunication. The ADA protects individuals who themselves have disabilities or those who have a relationship or association with an individual with a disability. As defined by the ADA, an individual with a disability is someone with a physical or mental impairment that substantially limits one or more major life activities,…
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If you are a member of a company in any industry, you likely have an online presence. The value and positive impact of a commercial website is critical and necessary today. Your website represents you, putting forward the image you want customers and employees to have of your company. You may have spent a great deal of time and money making sure it looks and functions just the way you want. Even so, you may still be at risk for…
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One of the few successes that the trucking industry has enjoyed in recent years in its continuing effort to curtail the piratical practices of towing companies came in the most recent General Assembly session. The legislature passed, and the Governor signed, Senate Bill 705, which creates a new statute, Code section 46.2-1217.1. The statute becomes effective on July 1, 2022, and will provide: On any invoice charging $10,000 or more for towing and recovery services rendered pursuant to a lawful…
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In my last article, I discussed unexpected overtime liability for transportation companies under the Fair Labor Standards Act (FLSA), 29 U.S.C. § 203 et. seq for non-exempt drivers. As a reminder, companies are generally required to pay non-exempt employees time-and-a-half, or 1.5 times their normal wage, for hours worked beyond 40 in a week. Although there are a number of exemptions to this requirement, the regulations involving trucking companies are particularly opaque and variable. If feasible, the safest way of…
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There are certain questions lawyers get asked with some frequency, including “What about my pain in suffering?” Mental anguish, pain and suffering, humiliation, embarrassment, annoyance, whatever term may apply, Virginia law places serious limitations on the recovery of money in a lawsuit for these emotional-type, non-pecuniary (i.e. non-monetary) damages. Let’s cover one big issue first: under Virginia law, non-pecuniary damages are not recoverable for breach of contract alone. See, e.g., Sea-Land Serv., Inc. v. O'Neal, 224 Va. 343, 354 (1982).…
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In the transportation world, like every other industry, insurance is fundamental for protecting against risk and associated liabilities. The word “insurance,” however, causes most people and businesses to change the subject or postpone indefinitely coming to grips with the reality of their risk-management condition. Companies cannot afford to have this attitude, however, and must understand the coverages they have in place, what losses are actually covered, and how much of their risk exposure is insured. In other words, is your…
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What portion of a personal injury settlement, verdict, or judgment goes to the government if the aggrieved party was insured through Medicaid? Just a few weeks ago, the Supreme Court of Virginia answered that question in Farah v. Commonwealth of Virginia, Department of Medical Assistance Services in an opinion authored by Justice Stephen R. McCullough. Farah’s Case Plaintiff Farah was working as a cab driver when he was gravely injured in a head-on crash by a driver traveling in the…
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Virginia law controlling the question of when an insurer has a duty to defend its insured is so well established and clearly understood that it hardly bears discussion – or, at least, it would seem so. Under Virginia’s familiar “eight corners” rule, “only the allegations in the complaint and the provisions of the insurance policy are to be considered in deciding whether there is a duty on the part of the insurer to defend and indemnify the insured.” AES Corp.…
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Workers’ compensation has been a great development for both employers and employees. Originally created to prevent insolvency of employers due to extreme damage claims, it has also allowed employees to receive the care they need from work related injuries without the need of litigation. Workers’ compensation has been with us so long and become such an integral part of the employment process that it is sometimes taken for granted just how varied the applicable laws are across the country. Unfortunately,…
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