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One of my clients, a regional transportation company, was recently granted dismissal on summary judgment in a multi-million dollar mass-action environmental lawsuit under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Under CERCLA, the Environmental Protection Agency (EPA) can designate a site where substantial hazardous waste leakage has occurred as a Superfund site, and then can compel “potentially responsible parties” (PRPs) who generated, arranged for the disposal of, or (after having an active role in selecting the disposal site)…
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As of January 1, 2022, the minimum wage in Virginia was increased to $11.00 per hour and the minimum car insurance policy was increased to $30,000/$60,000 limits. Virginia Minimum Wage The minimum wage law, enacted in 2020 set forth a step-up schedule, with the Virginia minimum wage currently set to reach $15 per hour by 2026. Va. Code § 40.1-28.10. The following chart illustrates the Virginia minimum wage increases in the law: May 1, 2021, until January 1, 2022 $9.50…
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On November 15, 2021, President Joe Biden signed a $1.2 trillion infrastructure bill into law following much debate and a long battle through the Senate. A small piece of the bill is a pilot program initiative designed to test the feasibility of lowering the mandatory minimum age of interstate truckers from 21-years-old to 18-years-old. The White House’s website (whitehouse.gov) explains that the pandemic has exacerbated the pre-existing workforce issues facing the trucking industry. According to the American Trucking Association, the…
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A growing number of courts in Virginia are taking advantage of a 2018 law that permits a “certified facility dog” to be present with a witness during a criminal proceeding. According to the law a "certified facility dog" means a dog that has completed training and been certified by a program accredited by Assistance Dogs International or by another assistance dog organization that is a member of an organization whose main purpose is to improve training, placement, and utilization of…
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Employers with 50 or more employees are often aware that they are required to provide twelve weeks of unpaid leave to eligible employees (i.e. employees that have worked the required number of hours): for the birth of a child and to care for the newborn child, because of the placement of a child with the employee for adoption or foster care; because the employee is needed to care for a family member (child, spouse, or parent) with a serious health…
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Commercial property insurance policies typically insure against loss of business income resulting from “Covered Causes of Loss,” and in the standard ISO-based policy those causes of loss comprise “direct physical loss,” with the term “loss” being defined in the policy as “accidental physical loss or accidental physical damage.” “Direct physical loss” is thus an essential element of an insured’s initial burden of proof in order to establish that its claim falls within the insuring agreement provided under its property insurance…
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An overweight citation can be extremely problematic for motor carriers in Virginia. These citations carry harsh fines and penalties and can be extremely costly for carriers. An overweight citation is issued when a carrier is operating a vehicle on Virginia highways and the vehicle’s weight exceeds the statutory weight limits. (No vehicle can travel on Virginia highways with a single axle weight in excess of 20,000 pounds, tandem axle weight in excess of 34,000 pounds, or a gross weight in…
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In this day and age, employers can little afford to exclude a qualified employee without good reason. While obtaining a pre-employment criminal background check may seem like an easy way to screen out problem employees, applying such a policy without looking to specifics could also screen out a qualified candidate. For example, a felony for writing a bad check 20 years ago may not justify denying an applicant employment as head custodian. Looking to the specific facts related to an…
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Elon Musk is known for many things. He propelled Tesla from small startup to one of the six largest companies in the world, with a market capitalization of around a trillion dollars, all within twenty years. He’s also known for his “mad scientist” ideas (like mind-control microchips), frenetic, often comical presentations , string of high-profile relationships, and general internet trollery and tomfoolery. It’s at this weird intersection of celebrity, finance, and internet meme culture that our saga begins. On November…
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On November 4, 2021, the Department of Labor’s Occupational Safety and Health Administration (OSHA) announced a rule requiring employers with 100 or more employees to ensure that all of their employees are vaccinated or that unvaccinated employees test for COVID-19 on (at least) a weekly basis. The rule also requires that employers with 100 or more employees provide paid-time for employees to get vaccinated. Finally, the rule requires that covered employers require that all unvaccinated wear masks in the workplace.…
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