Join VF&N’s litigation attorney Brett Callahan as she presents at the Oct. YPNOVA Success Series Seminar: Avoiding Litigation.
Ms. Callahan will cover common mistakes businesses make that can lead to or increase the risk of litigation related to contracts, real estate, employment, intellectual property, business formation, and compliance.
Open to the public, YPNOVA membership not required.
Join us for a free upcoming seminar: Employee Handbooks. Will Yours Make the Grade?
February 13th, 2020
Time: 8:30 am –10:00 am
Location: Paul Davis training room- 44601 Guilford Dr, Ashburn, VA 20147
In partnership with the Loudoun Workforce Resource Center, join Vanderpool, Frostick & Nishanian, P.C.’s employment law attorneys Kris Spitler and Brendan Cassidy for a presentation on how to create an effective and compliant employee handbook.
Whether you are creating a brand new handbook or revising your current handbook, spending the time to properly craft the policies in your employee handbook can help ensure that they fit your Company’s business needs, do not expose it to liability, and provide employers with defenses against common charges brought by employees.
To reserve your space, please complete the form below:
The process of Martindale-Hubbell® Peer Review Ratings™ has been the gold standard in the rating of attorneys’ legal ability and high ethical standards for more than 100 years. One of the reasons this award is such an honor is that it is only bestowed on a select few, about 10% of all attorneys. Because of this, it is a designation that can be trusted by clients and those who need to refer clients for other legal services.
In our first blog post on the 2019 Virginia proffer legislation, we told you what hasn’t changed with the new law. As promised, now we will address what has changed.
Myth: Under the
new law, localities have no liability exposure for unreasonable demands unless
the governing body requests one in writing, so planning staff can talk to
Reality: The new legislation says that developers and localities can talk, but the old legislation didn’t say they couldn’t. The reason why local government attorneys warned staff against talking to developers was the Koontz decision from the US Supreme Court, and specifically Justice Kagan’s dissent in that case which warned that “no local government official with a decent lawyer would have a conversation with a developer” because of the risk of liability. (That hasn’t changed.) There’s also the question of whether a local governing body authorizes or ratifies a written request from a staff member.
The bottom line is that the new law changes the liability exposure of localities, but localities should still exercise caution.
Myth: Under the
new law, localities can expect to receive proffers for facilities in addition
to the four enumerated facility types of transportation, schools, public
safety, and parks.
Reality: The new
legislation allows for proffers to be deemed reasonable if signed by the
applicant and property owner, even if they are for off-site proffers that
aren’t for the four kinds of public facility. However, beware that the new law
takes away with one hand what it hands out with the other. Right after the
language about the owner and applicant being able to make any offsite proffer
reasonable just by signing it, the General Assembly wrote the following:
2. Failure to submit proffers as
set forth in subdivision 1 shall not be a basis for the denial of any rezoning
or proffer condition amendment application.
This raises an interesting question if the locality relies upon impacts on facilities other than transportation, parks, schools and public safety to deny a rezoning.
Myth: Under the
new law, an applicant has to object in writing to a proffer request in order to
challenge it later.
Reality: Challenges based on violations of “this section” (Va. Code Section 15.2-2303.4) require a written objection to the governing body before the aggrieved applicant can file suit. This limits the availability of the legal remedies under that code section, but does not limit the remedies available for a constitutional challenge or a challenge based on another statute. It is also important to note that this section does not extend to conditions imposed pursuant to a special use permit.
Localities still need to do their own analysis on whether a proffer request is reasonable. Maybe not as much changed with the new law as some people are hoping.
As a human resource professional, business owner, executive, manager or administrative personnel tasked with dealing with HR issues, you need to stay on top of recent developments in the field of HR and employment law that may impact the future of your business. This Summit is designed to provide you with critical information in an engaging and useful format. Being informed about what is going on in the world of employment will help you stay on top of your company’s evolving HR needs.
The Employment Law & HR Summit is an easy and affordable way to summarize and highlight the most up-to-date information employers need to address issues currently impacting their workforce and organization, and identify issues that can have an impact on tomorrow’s workplace.
Jointly Presented by Vanderpool, Frostick & Nishanian, P.C., and Prince William SHRM, Inc.
Hottest employment law issues and trends of 2019 as well as significant court decisions.
Christopher D. Silva – Assistant District Director US Department of Labor/Wage & Hour Division
Learn important information from the DOL on topics including FLSA exemptions, wage deductions, independent contractor classifications, overtime requirements, and minimum wage issues. This is also the opportunity for attendees to gain a clearer perspective about common employer violations and trends in DOL enforcement.
Jinnae Monroe – Managing Principal, Professionals by Design
Gain a deeper richer understanding of generations in the workplace and best practices for accepting roles and responsibilities of each generation. The session will discuss the importance of HR’s role in leading and guiding other organizational units in embracing generational differences.
Mauricio Velasquez – CEO & Owner The Diversity Training Group
The HR professional in 2020 must understand the concepts of Change Management and have the skills and knowledge to guide their organizations through change. This session will address how HR professionals can help their organizations identify the impact of change, assess and manage the ripple effects that change can cause across the organization, and how to communicate change across throughout all levels of the organization.
Pricing: Includes admission, continental breakfast, lunch, written materials (online), and a chance to win prizes!!!
Early Bird Rate on or before August 31st: PWSHRM Member Rate: $129, Non-Member Rate: $169.
Regular Rate on or after September 1st: PWSHRM Member Rate: $169, Non-Member Rate: $199.
Cancellation Fee $25. No refunds will be issued after September 12, 2019. Registration closes October 3, 2019.
Credit Status: One-Day Conference is approved for 5 HRCI ( 3.75 Business/1.25 General ) & 5 SHRM PD Hours
In a press release by the Australian Minister for Defence; issued March 06, 2019it was announced that “the Royal Australian Navy (RAN) will receive a new sovereign air transportable Submarine Rescue Service capability under a contract with Phoenix International (Australia).”
Attorney Christopher Collins speaks to the proposal efforts, the due diligence performed to vet subcontractors and the importance of solid teaming agreements.
ICE Agents have been active recently in the Prince William area and other parts of the VA/DC/MD metropolitan area, investigating businesses (especially small and medium companies) to determine compliance with properly completing and retaining I-9 forms. Employers in industries involving construction, restaurants, landscaping, and janitorial/cleaning services are frequently (but by no means the only) targets of ICE investigations.
U.S. Immigration and
Customs Enforcement (ICE) (an agency within the Department of Homeland
Security) has significantly increased its efforts to reduce unlawful
immigration employment practices under the Immigration Reform and Control Act
(IRCA). Employers are legally required to verify the identity of the person
they hire and to confirm that they are eligible to work in the United States. The law further requires that employers document
this process by completing a Form I-9 for each person they hire.
ICE has focused
enforcement efforts on employers who hire an illegal workforce. They follow up
on tips provided by the public and conduct random and unannounced audits of
employer records to determine if the company has complied with its legal
obligations. They do not need probable
cause to investigate your business nor do they need to have a tip.
I-9 Forms and ICE’s Notice of Inspection
The mandatory I-9 forms
must be completed every time you make a new hire. The form must be retained for three years
after the date of hire, or one year after the date employment ends, whichever
is later. If ICE has been given a tip or the business has been selected for an
audit, ICE will present you with a Notice of Inspection.
What to Expect from an ICE Inspection
The notice of inspection
usually requests the following records from the company:
No-match and mismatch letters
Upon notice, you have
three business days to provide the investigating officers with the requested
Civil and Criminal Penalties
Failure of employers to
comply with IRCA can result in substantial civil fines and ultimately, possible
criminal prosecution if you are found to have knowingly violated the law.
What To Do If ICE Agents Present You With A Notice of Inspection Regarding Your I-9s
Do not provide records immediately or allow an
immediate inspection of records as you have up to three days to respond.
Call your trusted
employment lawyer in order to advise you on the best course of
action and to timely respond with the proper documents presented in the best
Ensuring Compliance Before ICE Investigates
If you have not yet been
the subject of an investigation, you can take steps to protect your
business. Employers should conduct
confidential internal audits of your I-9 forms with the help of your employment
lawyer. This process can help you
correct any potential problems before an inspection and avoid possible fines. It is also beneficial to have knowledgeable
employment counsel conduct periodic training of your personnel assigned to
handle your I-9s.
Contact a Trusted Employment Law Attorney
Kristina Keech Spitler, Esq., with Vanderpool, Frostick & Nishanian is ready to help your business respond to an ICE inspection, provide a confidential internal Form I-9 audit, and/or help train your personnel to properly complete and retain I-9 forms.
Kristina Keech Spitler is a Shareholder and Head of the Employment Law Practice of Vanderpool, Frostick & Nishanian, PC. With over thirty years of experience, Kris has been recognized as “Legal Elite” in Employment Law by Virginia Business Magazine, as well as a “Leader in the Law” and an “Influential Women of Law” by Virginia Lawyers Weekly. You can reach Kris at (703)369-4738 or firstname.lastname@example.org.
** The information contained in this website is provided for informational purposes only and should not be construed as legal advice.
Pictured above: VF&N land use and zoning attorney, Karen Cohen, with legendary engineer, Sid Dewberry, PE, LS, Chairman Emeritus, Dewberry, Kat Grimsley, Director of the MS Real Estate Development program at George Mason University, and the team of book contributors, celebrating the publication of the third in a series of land development books by industry-leading design firm, Dewberry.
the Built Environment: From Site Acquisition to Project Completion is a textbook that explores the entire development process from
an applied perspective to provide architects, civil engineers, and other team
members with an understanding of the context in which real estate development
occurs. Karen, fellow alumnae of the Mason Masters of Real Estate
Development (MRED) program, and others, were contributors and advisors.
The commercial real estate and property sector in Northern Virginia and Prince William County has experienced fluctuations in recent years which resulted in vacant buildings. For the owners of these properties, they’re left with a tough decision – let the property stay vacant or repurpose the property.
Repurposing property is
using a building differently than the original intent. As a property owner, you
are looking for cost-effective ways to keep your investment profitable. For example, If you turn an old factory into
loft apartments, or a barn into an event center, the building sees new life,
you continue to make money, and all without building on existing green space.
But it isn’t always that easy to change land use of an existing property.
Land use considerations
Land use laws regulate
how businesses can operate on certain lands. The most common form of land use
regulation is zoning. Cities use this legal process all across the country to
help regulate their local development. Zoning laws prevent you from coming home
to your well-established housing neighborhood and finding a big box store has
set up shop next door.
While it’s not likely for
a big box store to pop up next to houses, it is possible as in our earlier
example, for a factory to become loft apartments. The zoning for that land must
change to account for residents living on the property instead of people coming
to work. Without making this change, it puts both the business operator and
you, the property owner, in legal peril. It’s up to you to make sure the city
allows the land use modification.
Special use permit (SUP)
A special use permit
allows a local government to take a look at one particular development and to
impose conditions needed to mitigate any impacts on the community. It is
available only if the zoning ordinance provides for it.
To obtain a special use permit, you must get approval from the governing body in your community. You need to file an application, submit the filing fee, provide documentation supporting your request, and submit to questioning at a public hearing. See the steps outlined below:
Michael Vanderpool, Esq., founder of Vanderpool, Frostick & Nishanian, P.C. (VF&N) and a highly regarded community leader, will receive the 2019 Leadership Prince William Vision Award. This award honors an individual in Prince William County whose innovative, strategic or bold leadership has had a positive and significant impact on the community. Past award recipients have included Virginia Senator Charles J. Colgan and Dr. Gary L. Jones, CEO of Youth for Tomorrow.
Mr. Vanderpool’s commitment to service and passion for
developing future leaders is best showcased through his legacy at VF&N. Founded on these very principles, Mr.
Vanderpool encouraged a company culture rich in civic duty and leadership. The
firm, located in Manassas and recently named one of Virginia’s largest law
firms, has produced a highly active group of leaders that have, and will continue
to make, significant contributions to their community.
VF&N boasts several industry and community leaders,
including Kristina Spitler, Prince William County Bar Association’s President; Brett
Callahan, President-Elect of the Center of the Arts of Greater Manassas; Karen
Cohen, Chair, NAIOP Government Relations Prince William Subcommittee; three past
chairmen of the Prince William Chamber of Commerce; and several graduates of
the Leadership Prince William program.
Leading by example, Michael Vanderpool has been a
community advocate since he moved to Manassas in 1975. He has contributed to the community in
several areas, including his work to initiate construction of the Route 234
Bypass and the Freedom Center. He was the
founding Chairman of the Manassas Education Foundation and the Hylton
Performing Arts Center for several years and represented the local community while
serving on the Board of the United Way of the National Capital Area. He served
as a Trustee of the George Mason University Foundation and as Trustee and Vice-Chairman
of the Prince William Health System. Most recently, he served as President of
the Manassas Rotary Club and is the current President of the Manassas Rotary Foundation.
Mr. Michael Vanderpool is a leader in business, a
leader in the community and a leader of people.