Virginia Employers: Wage Law Violations Are Costing Businesses Big Money

Gender-Affirming Care Skrmetti: Treating a Disease Label, Not a Child In the highly polarized case of United States v. Skrmetti, the Supreme Court upheld Tennessee’s legislative denial of two types of medical care for gender dysphoria in young people. In so doing the decision conscripted medical decision-making for trans youth from doctors and vested it in the legislature. Published July 21, 2025 Author Barbara Pfeffer Billauer Share Share on LinkedIn Share on X Share on Facebook Share on Reddit In the highly polarized case of United States v. Skrmetti, the Supreme Court upheld Tennessee’s legislative denial of two types of medical care for gender dysphoria in young people. In so doing, the decision stripped medical decision-making for trans youth from doctors and vested it in the legislature. To sidestep the plaintiffs’ equal protection argument (that states…

Trump has nominated a guy named David LaCerte to serve on the Federal Energy Regulatory Commission. (FERC)  There’s sparse public material available about LaCerte, a tribute to his prior accomplishments.  LaCerte’s record is almost devoid of relevant experience and expertise. “FERC Commissione”r is not usually considered an entry-level job in energy law. FERC cases involve the management of the entire U.S. energy grid, except for part of Texas. Energy law and regulation are extraordinarily complex and technical, but the issues are big – management of massive U.S. electricity markets, permitting of natural gas pipelines, setting rates for electricity transmission, and ensuring grid reliability. So far as I can tell, LaCerte has no professional background involving any of these issues. LaCerte has served in two significant positions.  He was the head of the Louisiana  Secretary of Veteran’s Affairs. (He resigned from that in…

Inside the Trademark Mills: How Foreign Filing Abuses Are Undermining the U.S. Trademark System Earlier today, I received an unsolicited email from a Chinese IP firm—or someone claiming to be one. It’s similar to other messages I’ve received over the years from so-called “firms.” It read as follows: We are __________ Intellectual Property Co., Ltd., a Chinese trademark law firm specializing in U.S. trademark registration, enforcement, and strategic consulting. Given our shared focus on global IP protection, I believe we can complement each other to better serve clients expanding to China or the United States. We currently provide you with approximately 80–100 cases per month, primarily serving clients in industries such as e-commerce and consumer goods. If this matches your interests, please consider this opportunity. I look forward to hearing from you. At first glance, this might seem like a standard business development message. But a…

This is the sixth and final in an occasional series of blog posts occasioned by a visit I made to Rwanda in the summer of 2024. The first, second, third, fourth and fifth can be found at the included links. The Roots of Violence: From Rwanda to MilwaukeeIn my second blog post, Putting a Face to the Harm—Commemorating Lives, I wrote about the Kigali Genocide Memorial and how violence rarely erupts suddenly. It builds slowly through layers of conflict, division, and systemic inequity. In Rwanda, colonial rule imposed rigid racial hierarchies, embedding discrimination deep within institutions. Over time, these injustices intensified, leading to devastating violence and, ultimately, genocide. While the scale and circumstances differ, aspects of this pattern are tragically familiar. In cities such as Milwaukee, cycles of community violence—especially gun violence—continue to disproportionately impact Black communities. Each act of harm, beyond…

Two recent memoranda from the National Labor Relations Board (NLRB) Division of Advice and the General Counsel have clarified the agency’s position on surreptitious recordings, including those made by employees in the workplace and those occurring during collective bargaining sessions. The memoranda address the general treatment of surreptitious recordings under the National Labor Relations Act (NLRA), highlight that recordings made during collective bargaining may constitute per se violations of the NLRA, and clarify that certain secret workplace recordings may lose protection under the Act. Surreptitious recordings may lose protection notwithstanding Section 7 activity The NLRB has long held that overly broad workplace policies that categorically prohibit recordings are likely unlawful under the National Labor Relations Act (NLRA), as employees are generally permitted to make audio or video recordings while engaging in Section 7 activity, such as documenting…

WEST POINT, Miss. – A 21-year-old Aberdeen man was killed Tuesday morning in a workplace accident at an industrial facility in West Point. Authorities identified the victim as Tyquavious McMillian. According to West Point police, the incident occurred at Plum Creek Environmental while McMillian was assisting with the operation of a forklift or front loader. During the task, the vehicle reportedly ran over him. Emergency responders pronounced McMillian dead at the scene. No further information is currently available. The site needs to be investigated for safety procedures in place When a fatal work accident happens, families are often left heartbroken and asking, “How could this happen?” Many feel they don’t have a clear picture of what went wrong. While waiting for answers, it is often revealed that safety failures play a major role in fatal incidents. A common factor in forklift accidents is the lack of proper training for workers on operating a…

CLAY, N.Y. – A Syracuse man was killed last Thursday in an industrial accident involving heavy construction equipment at a worksite in the Town of Clay. The Sheriff’s Office has identified the victim as 41-year-old Rendolph Larose. According to reports, Larose was struck and run over by a double-drum ride-on roller used for asphalt paving. He was pronounced dead at the scene. The construction crew had been working on paving operations at the site for more than a week before the incident. No further information is currently available. Fatal workplace accidents must be thoroughly investigated to provide surviving families with answers This is so tragic. No one expects their loved one to leave for work and not return because they suffered a fatal injury at work. In similar cases we have seen throughout the years, we know when incidents like this happen, the surviving family is left with many lingering questions, and rightfully so. How does a double-drum ride-on roller…

When facing the overwhelming prospect of divorce or family law issues, understanding how the legal system protects parental rights becomes crucial for Dallas-area families. A recent Texas appellate court decision in the case of Interest of S.H.V.V. provides valuable insights into how courts approach parental rights reinstatement and the procedural requirements that govern family law cases. As a Dallas divorce attorney with over 25 years of experience, I’ve witnessed firsthand how complex family law matters can become, especially when children’s welfare and parental rights intersect. This recent ruling offers important lessons for parents navigating divorce, custody disputes, and other family law challenges in Dallas, Irving, Garland, Richardson, and surrounding communities. What This Case Teaches Us About Parental Rights in Texas This Texas Court of Appeals case from June 2025 addresses the relatively new parental reinstatement provision in the Texas Family Code,…

Employers sometimes find it necessary to make the difficult decision to undergo a reduction-in-force (RIF), resulting in employee layoffs and/or terminations. Before moving forward with an RIF, employers should develop an implementation gameplan to help minimize legal risk and ensure the process goes as planned. Selection decisions should not run afoul of Equal Employment Opportunity (EEO) and other laws relating to employee terminations. Some initial considerations include the following: Selection Criteria. Are there established criteria to assist in determining who will be laid off or terminated, e.g., performance reviews, job duties, position elimination, years of services/seniority? In other words, what are the non-discriminatory business reasons for the selection decisions? Is there contemporaneous documentation supporting the proposed selection decisions? In a unionized workforce, does the applicable collective bargaining agreement govern the criteria and process for…

When patients seek emergency medical care, they expect hospitals to focus on safety and recovery. That sense of trust matters even more for older adults, who may face higher risks of complications during surgery. Recent research raises concerns about how hospital ownership structures, particularly private equity investment, can affect the quality of care. In some cases, the outcomes have been fatal. What the Data Says A new study examined 298,000 surgeries performed on Medicare patients at 701 hospitals nationwide from 2011 to 2020. Researchers were surprised to find that patients who had emergency surgeries at hospitals owned by private-equity investment firms were 42 percent more likely to die within 30 days compared to those treated at hospitals not owned by private equity. Researchers evaluated four common emergency procedures: appendectomies, gallbladder removals, partial colon removals and hernia repairs. The 30-day death rate was 6.4 percent in hospitals not…

Here is my recent Daily Record column. My past Daily Record articles can be accessed here. ****   Are you committing malpractice if you don't use AI? It's safe to say that litigators who fail to understand how social media platforms work in 2025 are committing malpractice.  Had I stated this in 2010, when the book that I wrote about social media for lawyers was published, most lawyers would have disagreed. After all, social media was still an emerging technology, and unworthy of attention. The majority of lawyers thought it was irrelevant to the practice of law and posed more risks than benefits. It only took a few years for perspectives to change. Social media became pervasive, and online interactions became pivotal pieces of evidence in litigation. When this happened, lawyers began to change their tune.  2014  was the first year I was asked to present on mining social media for evidence.  Over the next five years, I…

A lawsuit originally filed in the U.S. District Court for the Southern District of Indiana by photographer David E. Kelly has been transferred to the federal court in Arizona as of June 17, 2025. Kelly, who resides in Carmel, Indiana, brought the case against a wide range of individuals and entities, including private citizens, public officials, and corporations such as eBay and the United States Army Procurement Division. The suit alleges unauthorized reproduction, sale, and distribution of a copyrighted photograph he captured during the 2001 World Series. According to the complaint, Kelly registered the copyright for the photo in 2002 and operated a business called Big League Photos LLC. He claims that one of the main defendants, Raymond Cedric Young, illegally reproduced and sold counterfeit versions of the photo, while fraudulently claiming to own the business. Kelly says he issued over 70 cease-and-desist notices and reached a handful of out-of-court settlements, but was…

In this blog post, we will review a couple of topics to understand what happens during a PPC (pay-per-click) campaign. While some individuals are well-versed in the paid marketing universe, some rely on professionals to guide them through the process (like, literally, all our clients). Our goal is to give those individuals some insight on why PPC, while effective, is not always an instant gratification method of getting leads, website traffic, and overall attention. What Is Your Practice Area? (Because It Matters) Specifically speaking about the legal industry, there are so many different practice areas. Some are more highly searched for, like personal injury, and then some are searched for often, but maybe not as much, like estate planning. Depending on the practice area, the competition in the preferred area of targeting can vary. Big cities tend to garner a much higher search rate, which then causes the cost-per-click to increase. Companies (ahem, law firms) are competing on…

On July 1, 2025, the ‘Sexual Assault Employer Accountability Act,’ Virginia House Bill 1730 (“HB 1730”), took effect, broadening access for victim recovery and expanding potential liability for Virginia employers. The bill amends existing Virginia employer liability laws to expressly permit employers to be held vicariously liable for personal injury or wrongful death of a “vulnerable victim” caused by the intentional or wrongful acts of an employee—even where the employee is not necessarily acting within the scope of his or her employment—if the employer was on notice that the employee would have access to vulnerable victims and did not provide adequate oversight. This development warrants close attention from businesses across all industries, particularly those involving close contact with vulnerable populations. Below, we explain the key provisions of the new law, highlight its potential impacts, and suggest…

Common Types of Job TransitionsAll executives and professionals need to prepare in advance for an eventual job transition. A transition could occur in numerous ways, including the following:By a change of control, including a merger or acquisition.When a Board or leadership asks the executive to separate because they want to go in a different direction.When an executive is let go for cause.By a lay-off.When an executive seeks to resign or have a structured transition out, andAs a result of the executive’s disability or death.The Focus on Initial CompensationExecutives and professionals who are receiving an offer of employment typically pay close attention to the initial compensation package. The compensation package may include a base salary, short-term and long-term incentives, equity, and other benefits. The executive or professional may seek to negotiate this initial compensation.The Overlooked Exit StrategyMany executives and professionals, however, when reviewing an…

A tragic two-vehicle collision in Fresno County claimed one life on Saturday afternoon, highlighting the ongoing dangers on California roadways. The California Highway Patrol (CHP) reported that the fatal accident occurred near the intersection of Newmark and Jefferson Avenues around 2 p.m., an area that sees regular traffic throughout the weekend. Details of the Fresno County Fatal Accident According to preliminary reports from the California Highway Patrol, the collision involved two vehicles in the Newmark and Jefferson Avenues area. At least one person was pronounced dead at the scene, though investigators have not yet released information about additional injuries or the total number of people involved in the crash. The cause of the accident remains under investigation, and CHP officers have not disclosed details about what may have led to the collision. This type of thorough investigation is standard procedure for fatal accidents, as authorities work to determine factors…

Going through a divorce is one of life’s most emotionally and financially challenging experiences. When spousal support is involved, the complexity increases significantly, especially when circumstances change after the divorce is finalized. A recent Texas appellate court decision, Begala v. Begala (2025), provides crucial insights into spousal maintenance termination that every Dallas area resident should understand. At the Law Office of Michael P. Granata, our experienced Dallas divorce attorney team has been helping clients navigate complex family law matters for over 25 years. Whether you’re dealing with initial divorce proceedings, post-divorce modifications, or spousal support issues, understanding how Texas courts interpret cohabitation laws can significantly impact your financial future. Case Overview: When Spousal Support Ends Due to Cohabitation The Begala v. Begala case centers on a fundamental question in Texas family law: when does cohabitation with a…

Divorce is never easy, but when emotions run high and trust runs low, things can spiral fast. High-conflict divorces bring out the worst in communication, decision-making, and cooperation. Whether it’s about kids, money, or property, disagreements can feel endless and draining. People often find themselves overwhelmed, unsure where to begin or who to turn to for steady guidance. The back-and-forth can take a heavy toll. It’s not just about heated arguments. It’s about the constant pressure. Your life is changing, your future feels uncertain, and every decision suddenly feels too big to handle alone. That’s where having someone on your side who’s focused on protecting you, not picking sides, can bring a sense of control back to the table. How A Family Court Lawyer Can Help You Navigate Legal Complexities The legal side of a high-conflict divorce isn’t just a stack of paperwork. It includes ongoing issues that can quickly become…