McClanahan Powers, PLLC

09/24/2020

Understanding Wrongful Termination Laws & Avoiding Employee Lawsuits

Business owners, supervisors, and managers must understand federal anti-discrimination and worker-protection statutes to avoid violating workers' rights. Also, developing and standing by legal termination policies will help prevent wrongful termination lawsuits.

Click below to read more:

#smallbusiness #smallbiz #entrepreneur #businessowner #law #lawfirm #mcplegal

https://www.mcplegal.com/insights/wrongful-termination-laws/

Business owners may have every lawful reason to let an employee go, but this prevents ex-employees from filing wrongful termination lawsuit.

09/22/2020

U.S. Department of Labor

A new proposed rule from the U.S. Department of Labor clarifies employee and independent contractor status under the Fair Labor Standards Act. www.dol.gov/newsroom/releases/whd/whd20200922

09/17/2020

The Evolution of Data Privacy & Security Due to COVID-19

The Health Insurance Portability and Accountability Act (HIPAA) contains stringent regulations protecting the private health data of persons diagnosed with or exposed to COVID-19. While not all businesses qualify as covered entities under HIPAA’s data privacy provisions, additional state and federal regulations generally protect the private health information of employees and consumers.

#covid #dataprotection #smallbusiness #lawfirm #mcplegal

Click below to learn more:
https://www.mcplegal.com/insights/data-protection-laws/

As the nation's e-security policies rapidly evolve due to COVID-19, do not fall behind the regulatory curve.

09/14/2020

Happy Monday all! Here is to a great week :)

#MotivationMonday #happymonday #business #lawfirm

09/11/2020

Today, we honor those we lost on 9/11, and all first responders and civilians, who risked their lives to help. We remember #911 #neverforget 🇺🇸🕊

09/10/2020

As a company grows and expands, business owners need to make sure their intellectual property is protected. Their trademark protection is extremely important as customers associate the brand with distinct attributes, products, and/or services. Without protection, the value of the company's asset is at risk and its legal rights are limited.
Click below to learn more:

https://www.mcplegal.com/insights/what-is-a-state-based-trademark/

#law #lawyer #trademark #intellectualproperty #iplaw #business

09/04/2020

Preparing for the Legal Implications of Stay at Home Education Pods

Due to the pandemic, many parents have opted their children out of in-person learning and hired a tutor to teach their kids from home.
There are several regulations that govern this hybrid system and may apply to certain education pods.
Click below to learn more!

#educationpods #lawyer #lawfirm #education #regulations

https://www.mcplegal.com/insights/stay-at-home-education-pod

Home education pods also known as pandemic pods, have developed among groups of parents seeking to share the costs of a private tutor.

09/03/2020

Council Post: Pitfalls To Avoid When Creating Employment Contracts

Contracts are a key component of a business. When drafting or negotiating a contract, it is always crucial to seek legal help to avoid potential contract pitfalls.

#contracts #employment #business #lawyer #lawfirm

An effective employment contract is consistent with legal regulations and best practices, and it should be constructed in a way that makes it both enforceable and precise.

08/26/2020

Understanding Minimum Wage in the District of Columbia and Virginia

Minimum-wage employees in the Capitol make nearly twice as much as workers across the Potomac. Many employers based in NOVA perform substantial business in D.C., which leaves many Commonwealth employees working across state borders resentful of this pay disparity.
Back on April 22, 2020, the Governor of Virginia Ralph Northam signed a bill that gradually increases the minimum wage in Virginia to $15 over the next seven years.
To discuss how these changes apply to your rights in the Commonwealth contact us today at 703-520-1326

#MinimumWage #businesses #Virginia #DC

Most employers must pay non-exempt employees at least $7.25 per hour under federal minimum wage guidelines.

08/21/2020

ADA “Perceived As Disabled” Employment Lawsuits In The Age Of COVID-19

The Americans with Disabilities Act (ADA) states that to be protected from discrimination, an employee must have a disability or be perceived as disabled. The ADA prohibits discrimination because of past or current disability, but it does not extend to a potential disability that a person may experience in the future.

#ADA #EEOC #disability #employee #discrimination

The ADA covers employees with disabilities, but less known is that it protects employees who don’t have a disability but are perceived as having one.

08/19/2020

Overtime Pay Requirements in the Home Health Care Industry

Since 2015, The Fair Labor Standards Act (FLSA) requires home health companies to pay qualifying home care workers, including those who provide medical companionship services, overtime wages. Many home care workers provide a combination of care services, protection, and fellowship, and the employer is ultimately responsible for determining when overtime is owed.

If you are a home care worker and you need help determining whether you have been illegally denied minimum wage and overtime pay, contact us today by calling 703-520-1326.

#homehealthcare #overtimepay #minimumwage

The U.S. Department of Labor, which regulates wage and overtime requirements, recently made major changes to its overtime eligibility rules.

08/11/2020

Council Post: A Guide To Modern Intellectual Property Protection For Startups

Adapting your business intellectual property protection to a rapidly evolving world.

#intellectualproperty #startups #entrepreneurs #business #lawyer #ipprotection

The following concepts and steps represent some best practices when it comes to protecting the IP associated with your startup.

08/07/2020

The Virginia Values Act - McClanahan Powers

Back on July 1st, 2020, The Virginia Values Act went into effect. This expanded the scope of The Virginia Human Rights Act to prohibit discrimination in employment based on sexual orientation and gender identity, as well as expanding the employers it covers. Now all employers with more than 5 employees can be subject to claims for unlawful discharge.

Click on the link below to learn more about how these changes may affect your work and/or business.

#employment #businesses #wisthleblower #wages #workerclassification

The Virginia Values Act amended the Virginia Human Rights Act, expanding the employers it covers and adding new employee protections.

08/06/2020

What Is “Sex-Plus” Discrimination And Why Are These Employment Claims On The Rise?

Sex-plus discrimination claims play a huge role in expanding the anti-discrimination protections under Title VII of The 1964 Civil Rights Act. Sex-Plus discrimination occurs when an employer discriminates against an employee because of that person's sex and another factor protected under Title VII.

#discrimination #business #employmentlaw #TitleVII

Sex-plus discrimination occurs when an employer discriminates against an employee because of their sex plus another factor, such as race or religion.

08/03/2020

U.S. Department of Labor

Many employees’ weekly work schedules vary. The U.S. Department of Labor just released a new fact sheet with guidance for employers on computing overtime under the fluctuating workweek rule that goes into effect Aug. 7. Learn more: https://www.dol.gov/agencies/whd/fact-sheets/82-bonus-rule

07/30/2020

SBA-Approved Financing for COVID-19 Relief - McClanahan Powers

Help your small business recover by applying to the Paycheck Protection Program (PPP) Loan before August 8th, 2020. Entities that did not keep their articles of incorporation or bylaws up to date may have to rewrite and file amendments to multiple legal documents before requesting a payroll loan.

#PaycheckProtectionProgram #smallbusiness #loan

While most SBA-associated businesses qualify for financing under the CARES Act, accepting a PPP loan might conflict with an entity's governing documents.

07/29/2020

How will COVID-19 shape traveler behaviors globally?

Business travel has been highly impacted by COVID-19. Many people are no longer traveling for work like they used to do before the pandemic. For some employees traveling is and will be critical to meet business demands. Therefore, companies will have to establish new protocols and policies to protect the safety and health of employees who return to business travel.

#business #policies #covid #travel #protocols

U.S. business travelers are more likely to carry hand sanitizers as standard accessories in shared spaces when compared to global travelers, according to a new report.

07/22/2020

NFL's Washington Redskins to change name following years of backlash

The Washington Redskins retire controversial team name and trademark. The decision comes amid societal pressure from the Black Lives Matter movement, reinforced by powerful corporations such as Amazon and Nike, who refuse to sell their merchandise due to the team's name and logo being offensive towards Native Americans.

#trademark #intellectualproperty

The team has not released what the new name will be.

07/21/2020

Netflix, 'Stranger Things' Creators Sued for Copyright Infringement

Netflix and the creators of Stranger Things, the Duffer Brothers, are being sued for #copyrightinfringement.

#intellectualproperty #entertainmentlaw

Netflix and the creators of "Stranger Things" are being sued by a company that says the idea for the hit show was stolen from a screenplay called "Totem."

07/16/2020

Contact Us - McClanahan Powers, PLLC Attorneys at Law

As the economic crisis continues due to the Covid-19 pandemic, some businesses have resorted to layoffs. It is critical to understand that if you are laid-off or fired, you still have rights. In some cases, you may be entitled to severance pay, and/or your health insurance coverage may be continued. Also, you may be eligible for government benefits such as unemployment compensation, the CARES Act, and more.
If your employment has been impacted and you are unsure of your rights, we are here to help. You can give us a call at (703) 520-1326 to schedule your consult. Or you can fill out the contact form included in the link below.

#empoyment #rights #covid #business #caresac

Contact McClanahan Powers, PLLC to request a consultation for your legal needs. We look forward to hearing from you and helping you.

07/15/2020

Modifying Contracts Due to Covid-19: Force Majeure Provisions

As a result of the pandemic, many contractors have been forced to stop working due to sickness, or because of having to stay at home. This situation has left parties thinking about the possibility to recover damages for breach of contract due to COVID-19. In many cases, force majeure clauses control contract issues that arise from circumstances beyond our control. The courts in the state of Virginia, work to resolve breach of contract claims fairly by evaluating whether this principle applies to each particular case.

#forcemajeure #contracts #COVID19 #business

Force majeure refers to significant events outside the contracting parties' ability to foresee and control that impact their ability to perform a contract.

07/14/2020

PPP Loans By The Numbers

The Paycheck Protection Program (PPP) reopened applications on July 6, 2020. The new deadline for small businesses to apply for this loan is August 8, 2020. If you own a small business and you are struggling to keep workers on the payroll, you should consider applying.

#smallbusiness #PPPLoan #mcplegal #business #entrepreneur

The PPP is providing much-needed relief to millions of American small businesses, supporting more than 51 million jobs and over 80% of all small business employees, who are the drivers of economic growth in our country

07/09/2020

Contact Us - McClanahan Powers, PLLC Attorneys at Law

Business contracts can be very simple or very complex, and they can come in different forms. The type of agreement can impact the rights of the parties. Therefore, you or your business should always work closely with an experienced contract lawyer. We love helping our small business clients draft, review or negotiate contract terms, provisions, and agreements, as well as work on breach of contract claims.

#smallbusiness #contracts #startup #business #negotiation

Contact McClanahan Powers, PLLC to request a consultation for your legal needs. We look forward to hearing from you and helping you.

07/04/2020

Happy fourth of July fellow Americans!
We hope you have fun and stay safe 🇺🇸

07/02/2020

Virginia Enacts Expansive Changes to Its Employment Laws, Including Major Amendments to Human Rights Act

Yesterday, July 1st, 2020, the Virginia Values Act went into effect. Virginia is the first southern state to expand its employment laws to provide new protections and rights to employees in matters of discrimination, classification of workers, minimum wage payment, whistleblower protection, non-compete agreements, and more. Employers and employees must understand and be up-to-date with these changes.
#virginiavaluesact #vhra #employmentlaw

https://www.natlawreview.com/article/virginia-enacts-expansive-changes-to-its-employment-laws-including-major-amendments

On April 11, 2020, Virginia Governor Ralph Northam signed nearly two dozen bills into law, many of which will have a significant impact on employers, employees, and the broader Virginia workforce. The

06/30/2020

Pandemic Can’t Stop New Employer Mandates in Virginia, NY, NJ

Pandemic Can’t Stop New Employer Mandates in Virginia, NY, NJ

Employers already managing through coronavirus-inspired guidelines will face many new state employment laws starting July 1—most of them not related to Covid-19.

06/21/2020

#FathersDay

06/19/2020

Establishing a Virginia Teleworking Policy - McClanahan Powers

As the reopening of the U.S. economy moves forward, many Virginia businesses have reconsidered letting their employees continue to work from home, and some businesses have decided to open their doors to essential employees only if telework is not possible. Working from home, whether on a personal computer or work laptop raises privacy and legal issues. Before any dispute arises, business owners can protect their firm by implementing a clear virtual office polices & procedures.
Click on the link below to learn more about #teleworking policies.

#covid #economy #Virginia

As the economy opens back up, many businesses have reevaluated their telework policies and have considered letting employees continue to work remotely.

06/18/2020

Contact Us - McClanahan Powers, PLLC Attorneys at Law

If you have experienced or are facing discrimination in the workplace, you should speak to an employment law attorney. A lawyer will be able to evaluate your situation, explain your rights, and provide you with potential options on how to proceed with your matter. We are here to help and make a change!

#discrimination #workplace #employeerights
https://www.mcplegal.com/contact/

Contact McClanahan Powers, PLLC to request a consultation for your legal needs. We look forward to hearing from you and helping you.

06/15/2020

In landmark case, Supreme Court rules LGBTQ workers are protected from job discrimination

This morning, the U.S Supreme Court ruled that the federal law, Title VII of the Civil Rights Act of 1964, extends protection to LGBTQ+ workers nationwide. Now, it is not only illegal for an employer to discriminate and fire an employee because of a person's sex, but also because of a person's sexual orientation and gender identity. This ruling is a huge victory for the #LGBTQ+ community and for advocates of gay and transgender rights movement.

#pride #discrimination #titleVII

The decision said Title VII of the Civil Rights Act of 1964, which makes it illegal for employers to discriminate because of a person's sex, also covers sexual orientation and transgender status.

06/08/2020

Fairfax County Government

Applications now open for the Fairfax RISE COVID-19 Small Business and Nonprofit Relief Grant Fund. This fund offers financial assistance to small businesses and nonprofits adversely affected by the coronavirus shutdowns.

Learn more: https://bit.ly/30s68rw

06/08/2020

How Virginia’s New Non-Compete And Wage Laws Help Employees

Virginia’s Legislature passed new Non-Compete & Wage Laws which will provide more protection to employees against employers.

Virginia’s legislature recently enacted a series of laws that take a few modest steps in helping Virginia employees fight back against employers who take advantage of them.

06/05/2020

How to support Black Lives Matter, wherever you are

If you are not sure how to support the #BlackLivesMatter movement, there are several ways you can help no matter where you are. You can start with something simple as:

-Educate yourself
Read books or articles, listen to a podcast, or watch a movie or show that discusses race and racism.

-Have hard conversations:
It is important to be able to confront and speak about how discrimination may be affecting you, your family, your loved ones, as well as your community.

-Sign a petition, like:
#JusticeforGeorgeFloyd
#WeAreDoneDying
#WeCannotBreathe

-Donate to a non-profit & community efforts, like:
ACLU-Virginia
NAACP- DC Branch

There are many more great ways to help make a change for our future. The article below provides more information on how to support the movement.

Show solidarity with the Black Lives Matter protests, both in the USA and around the world, with these seven ways of supporting BLM.