We had our annual retreat and refocused on our goals and our mission. We strive to provide the best solutions for our clients. Part of that is gathering together and pinpointing growth areas and how we can be better together.
This blog post is not intended to provide legal advice or substitute for the advice of legal counsel with respect to specific facts and situations. See disclaimer
We are proud of our attorneys, Kristina Keech Spitler and Lisa Shea, for winning this year’s Prince William Living Influential Women Award!! Please join us in congratulating these two amazing women.
This blog post is not intended to provide legal advice or substitute for the advice of legal counsel with respect to specific facts and situations. See disclaimer
Written by: Olaun Simmons, Esq.
On December 13, 2022, the Prince William County Board of Supervisors adopted a new 2040 Comprehensive Plan. The 2040 Comprehensive Plan includes a new Land Use Plan, Housing Plan, Mobility Plan, Sanitary Sewer Plan and Electrical Utility Services Plan for the County. To discuss the ways in which your property may be impacted by Prince William County’s 2040 Comprehensive Plan, and for any land use concerns, please contact the attorneys at Vanderpool, Frostick & Nishanian, P.C.
If you have questions related to the draft 2040 Comprehensive Plan and the ways in which it may affect your rezoning application, special use permit application, or the desired use of your property, please contact me at (703) 369-4738 or osimmons@vfnlaw.com.
This blog post is not intended to provide legal advice or substitute for the advice of legal counsel with respect to specific facts and situations. See disclaimer
Written by: Monica Munin, Esq.
On October 20th, the American Federation of Government Employees Local 704 (“Local 704” or “the Union”) filed a lawsuit on behalf of Environmental Protection Agency (“EPA”) employees located in Region 5, alleging that the EPA is intentionally withholding records subject to the Freedom of Information Act (“FOIA”) for the purposes of delaying the union’s investigation into discrepancies in the application of the agency’s remote work policy across different regions of the country. Region 5, which includes Illinois, Indiana, Michigan, Minnesota, Ohio, and Wisconsin, is the largest of the EPA’s ten (10) regions. According to the Union, Region 5 employees “faced unfair denials of their requests for remote work compared [to other regions].”
The lawsuit is just one example of how inconsistent remote work policies can create problems for employers as employees and their managers acclimate to their “new normal.” Generally, employers are not required to offer employees the option to work remotely, with the main exception being requested for accommodation under the Americans with Disabilities Act (ADA). However, policies viewed as inconsistent or unfair can create other problems for employers and dampen employee morale during a time when it is increasingly difficult to find and retain quality employees. To avoid grievances and allegations of discrimination or disparate treatment, I would generally recommend that employers consider creating and including a comprehensive remote work policy that includes, at a minimum, the following:
The pandemic brought about a massive change in how and where employees do their work, a change that is likely here to stay for the long haul. While we are just beginning to see the legal ramifications of this change, employers can safeguard against potential discrimination claims or grievances/ general employee dissatisfaction by investing the time and resources necessary to create a clear and comprehensive remote work policy. Questions about your telework policy? Need guidance regarding this or other employee handbook topics? Contact Monica Munin, Esq. at mmunin@vfnlaw.com.
This blog post is not intended to provide legal advice or substitute for the advice of legal counsel with respect to specific facts and situations. See disclaimer
Bradley Marshall is a guest speaker on Crime Time: With Virginia Defense Attorney podcast. In this Episode 81: Teaching the Law to Law Enforcement, he provides insight on how law enforcement views criminal justice and their training. https://www.buzzsprout.com/1703185/11348714
This blog post is not intended to provide legal advice or substitute for the advice of legal counsel with respect to specific facts and situations. See disclaimer
Vanderpool Frostick & Nishanian, P.C. (VF&N) is pleased to announce that Mr. Stephen Lofaso has joined VF&N as a senior associate. Stephen Lofaso is an accomplished litigator with an extensive background in business law, accounting, and business litigation.
Mr. Lofaso has a consistent record of getting positive results for his clients and as such, has effectively advocated and procured judgments or reached favorable settlements for his clients in cases ranging from breach of fiduciary duty, conversion (civil theft), breach of contract, civil conspiracy to injure business, tortious interference with contracts, detinue, unlawful detainer, and constructive eviction. Mr. Lofaso will continue his practice as part of the VF&N litigation practice group.
This blog post is not intended to provide legal advice or substitute for the advice of legal counsel with respect to specific facts and situations. See disclaimer
Written by: Lisa Shea, Esq.
VFN Attorneys Lisa Shea, Meghan Philips, and Morsal Hashimee will be presenting a CLE on 2022 Immigration Updates: The Latest on Crimimm (immigration consequences of crimes), Special Immigrant Juvenile Status, Other Humanitarian Relief, and What’s in the News
This comprehensive CLE will presume basic knowledge of immigration and will be updating participants on changes in immigration law that affect other areas of the law. The presentation will also explain what has been happening in immigration news so that participants have conversation starters at dinner! This four-hour CLE will include ethics credits and lunch. There will be time for questions during and after the presentation. We look forward to seeing you there! The event will take place on October 6, 2022, at the City Tavern from 12:00 PM to 4:30 PM. Lunch will be included. Please contact Peyton Gwinn at: deputydirector@pwcba.org to register. CLE credit will be available.
This blog post is not intended to provide legal advice or substitute for the advice of legal counsel with respect to specific facts and situations. See disclaimer
Written by: Olaun Simmons, Esq.
The Prince William County Board of Supervisors have been working diligently to finalize the 2040 Comprehensive Plan. When it is adopted by the Board of County Supervisors, the 2040 Comprehensive Plan will help guide future land use and development for properties in Prince William County.
The most recent draft of the Land Use Chapter of the 2040 Comprehensive Plan was issued in August 2022. The goal of the Land Use Chapter is to provide an official statement of the County’s vision for land use and to provide the aspirational goals for the County’s future development and growth.
Additionally, the “Pathway to 2040 Proposed Long-Range Use Interactive Map” provides information regarding the proposed long-range use designations for properties within the County including primary and secondary uses, compatible zoning districts, and density designations.
If you have questions related to the draft 2040 Comprehensive Plan and the ways in which it may affect your rezoning application, special use permit application, or the desired use of your property, please contact me at (703) 369-4738 or osimmons@vfnlaw.com.
This blog post is not intended to provide legal advice or substitute for the advice of legal counsel with respect to specific facts and situations. See disclaimer
Written by: Olaun Simmons, Esq.
In 2021, Prince William County adopted a new zoning district entitled “Mixed Use District (MXD).” The new Mixed Use District seeks to provide a thoughtful approach to development because it allows for flexible land development, promotes
transit-oriented development, and encourages a mix of residential and commercial uses in a single zoning designation. Under the MXD umbrella, there are three tailored mixed-use zoning designations that provide specific details and guidance regarding allowable uses and density.
Mixed Use District-Neighborhood (T-2)
The Mixed Use District-Neighborhood (MXD-N) is intended for smaller-scale mixed-use developments that are surrounded by lower-density residential areas, as well as in neighborhood corridors, or at the edges of town centers. The MXD-N allows for by-right uses such as single-family detached homes, craft breweries, and coffee shops; secondary uses such as child-care facilities and farmer’s markets, and special uses such as kennels and indoor shooting ranges. In terms of density, the MXD-N has a Transect 2 designation which allows for a residential density of 0 – 4 du/acre and non-residential density of 0 – 0.23 FAR.
Mixed Use District-Community Zoning District (T-3 and T-4)
The Mixed Use District-Community Zoning District (MXD-C) is intended to encourage a diversification of uses, including residential, commercial, and civic uses. The MXD-C is intended for a variety of sites and in smaller mixed-use areas that are well served by transit. The MXD-C allows for by-right uses such as distilleries, hotels, and religious institutions; secondary uses such as attached single-family dwellings and farmer’s markets; and special uses such as bed and breakfasts, retail stores, and restaurants. In terms of density, the MXD-C allow for more density than the MXD-N. The MXD-C has two transect designations: T-3 and T-4. Transect 3 allows for a residential density of 4 – 12 du/acre and non-residential density of up to 0.57 FAR, and Transect 4 allows for a residential density of 8 – 24 du/acre and non-residential density of up to 0.1.38 FAR.
Mixed Use District – Urban Zoning District (T-5 and T-6)
Finally, the Mixed Use District – Urban Zoning District (MXD-U) is intended to encourage the development or redevelopment of mixed-use centers that combine new or existing retail development with a variety of housing, offices, studios, live-work space, civic buildings, and other complementary uses arranged in a cohesive, compact, and walkable environment. The MXD-U zone must be located along existing or planned high-capacity multi-modal transportation corridors. The MXD-U allows for by-right uses such as assisted living facilities, multi-family dwellings, and hotels; special uses such as attached single-family dwellings on lots in excess of one acre; and special uses such as restaurants and self-storage centers. In terms of the allowable density, the MXD-U allows for the most density. The MXD-U has two transect designations: T-5 and T-6. Transect 5 allows for a residential density of 20 – 50 du/acre and non-residential density of up to 2.30 FAR, and Transect 6 allows for a residential density of 50 -100 du/acre and non-residential density of up to 3.0 FAR.
The new MXD zoning designation is designed to provide developers with the flexibility needed to obtain the desired mix of commercial and residential uses and density on the site. The flexibility provided by the MXD will also be useful for developers who are seeking to revitalize aging properties within Prince William County.
This blog post is not intended to provide legal advice or substitute for the advice of legal counsel with respect to specific facts and situations. See disclaimer
Written by: Monica Munin, Esq.
The United States Department of Labor announced enhanced enforcement initiatives intended to address a sharp rise in trench-related fatalities on July 16, 2022. In the announcement, available here: Alarming rise in trench-related fatalities spurs US Department of Labor to announce enhanced nationwide enforcement, additional oversight | Occupational Safety and Health Administration (osha.gov), the United States Occupational Safety & Health Administration (“OSHA”) indicated that the agency is considering referring cases for criminal prosecution as part of a “crackdown” on trenching and evacuation violations. The agency noted that “enforcement staff will consider every available tool at the agency’s disposal.”
Twenty-two (22) individuals employed in trenching and excavation work met their demise during the first six months of 2022, more than the 15 deaths recorded for all of 2022. Jessica E. Martinez, co-executive director for the National Council for Occupational Safety and Health commented on the enhanced enforcement initiative, stating “there is no reason—ever—for a worker to die unprotected in a trench collapse…workers have been building trenches for literally thousands of years. We know how to do it safely: Slope the trench at a safe angle, shore it up, or shield workers with appropriate safety equipment.” Assistant Secretary for Occupational Safety and Health, Doug Parker, added “The Occupational Safety and Health Administration is calling on employers engaged in trenching and excavation activities to act immediately to ensure that required protections are fully in place every single time their employees step down into or work near a trench…In a matter of seconds, workers can be crushed and buried under thousands of pounds of soil and rocks in an unsafe trench. The alarming increase in the number of workers needlessly dying and suffering serious injuries in trenching accidents must be stopped.”
Generally, OSHA requires employers to provide workers with a safe workplace. As applied to trenching and excavation, OSHA requires the following specific protections:
OSHA has also developed the following “slogan” for trench safety:
OSHA takes the position that all trench fatalities are preventable, and the imposition of criminal penalties adds to the number of reasons employers should seek out advice from an attorney familiar with OSHA requirements to avoid such citations. If you have a question regarding compliance with OSHA Safety Standards as it pertains to trenches and excavation, or anything else, please email Monica Munin, Esq. at mmunin@vfnlaw.com for more information.
This blog post is not intended to provide legal advice or substitute for the advice of legal counsel with respect to specific facts and situations. See disclaimer