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The distinction between a 1099 independent contractor and a W-2 employee is an important one, as this classification affects federal income tax, social security and Medicare taxes, as well as impacts eligibility for Medicare benefits. It is important that business owners correctly determine whether individuals are employees or self-employed. If a company misclassifies a worker
In Virginia, employment relationships are presumed to be “at will,” which means that the employment term extends for an indefinite period and may be terminated by either party for any reason, or no reason at all, upon reasonable notice. Virginia courts “have strenuously adhered” to the presumption of at-will employment. See Nguyen v.CNA Corp., 44 F.3d
It is imperative for employers to be aware of the law on unlawful retaliation and its implications on their business practices and workplace. Title VII of the Civil Rights Act of 1964 declares it unlawful for an employer to discriminate against an employee because he/she opposed any unlawful employment practice or made any charge, testified
When individuals form business entities, generally they choose entities that allow them to limit their personal liability, leaving only the entities’ assets vulnerable to lawsuits. For corporations and Limited Liability Companies (LLC), the business entities are separate from the corporate officers and shareholders (or LLC members), and these individuals are typically not liable for the
In Virginia, a court may order that a corporation be dissolved by its shareholders if the directors or those in control of the corporation have acted, are acting, or will act in a manner that is illegal, oppressive, or fraudulent. While Virginia law does not specify what conduct by majority shareholders constitutes oppression, courts have
In a recently decided employment law case, Cooper v. Smithfield Packing Company, Inc., the Fourth Circuit found that summary judgment in favor of an employer was proper because another employee’s actions couldn’t be imputed to the employer. Cooper v. Smithfield Packing Co., Inc., No. 17-1002, 2018 WL 1151787, at *4 (4th Cir. Mar. 5, 2018).
A non-compete agreement serves to restrict the right of an employee from competing with a previous employer after the end of an employment relationship. In general, non-competition agreements will be strictly construed against employers.  These agreements must be as narrowly drafted as possible to protect the vital interests of the employer. For more information about
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Passage of the Tax Cuts and Jobs Act (the “Tax Act”) has greatly altered the individual and business tax landscape.  A significant change under the Tax Act is the income tax treatment for employers and employees that are parties to employment-related settlements. (For more information on how the Tax Act affected the taxation of employment-related
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