Can I “hire” an unpaid intern for my business?
I teach as an adjunct faculty member at the William & Mary Law School. I find this part-time teaching gig very stimulating intellectually because the law students at W&M are extremely intelligent, diligent, and driven. This past week a new class of first-year law students arrived with great expectations about their futures. The reality of the job market, though, is that the legal profession has not been immune from the effects of this difficult economy.
Some of my second-year law students have also arrived back into Williamsburg, and I have been surprised at the number of students who report they worked as an “unpaid intern.” Although this practice is permissible in certain situations, these working arrangements with private law firms probably violates federal labor laws, and it is particularly distressing that it occurs in the practice of law. This blog post provides some guidance for your small business when deciding whether to “hire” an unpaid intern.
Continue reading “Can I “hire” an unpaid intern for my business?”
It’s time for your Small Business to audit its Corporate Documents
Many of our New Year’s Resolutions address our personal health, but owners of small businesses should also resolve to address your corporate health. Small businesses operate with great attention to the product or service the company provides, but little energy is left to review the infrastructure of the company. Issues such as shareholder agreements, key person insurance, disability insurance, annual meetings and other corporate necessities are given short shrift because of the attention we pay to running the business.
This blog post provides a few suggestions to help you overcome a problem unique to small businesses: spending too much time working in your business rather than working on your business. Continue reading “It’s time for your Small Business to audit its Corporate Documents”
Virginia’s Noncompete Statute
Virginia became one of the latest states to pass legislation limiting the use of employee noncompete agreements. Beginning July 1, 2020, certain noncompete agreements are prohibited by statute. This blog post examines that statute and what it means for employers and employees.

Small Business Break-Ups – The High Cost of Litigating a Forced Separation
A recent Virginia Supreme Court Case, Cattano v. Bragg, illustrates two points we have made time and time again: 1) Make sure your small business is prepared for an eventual “divorce” between the shareholders; and 2) Litigation is very, very expensive.
In this blog post we will review the Supreme Court’s decision and provide some tips for your small business so that you can avoid the calamity that occurred in this case, which included an attorneys’ fee award of over $260,000 for the prevailing party.
Continue reading “Small Business Break-Ups – The High Cost of Litigating a Forced Separation”
When might a Virginia business be liable for unemployment compensation?
In the Greater Williamsburg area, many small businesses face seasonal layoffs when the summer tourism season ends. For small businesses, these layoffs lead to questions regarding unemployment compensation. In this blog post, we will discuss the issue of when an employer can be liable for the unemployment compensation for a terminated employee.

Generally speaking, an employee terminated by you may be otherwise eligible for unemployment benefits, chargeable to your company if:
- you were the last employer for the employee, and
- that employee worked at least 30 days or 240 hours, and
- that employee was not terminated for cause.
The basic qualifications for unemployment compensation are:
- The employee must have been employed and earned a certain amount of wages. The Virginia Employment Commission publishes requirements for wages earned or time worked during an established period of time referred to as a “base period.”
- The employee must be determined to be unemployed through no fault of their own. An employee terminated for cause is not eligible for unemployment.
Once you have been determined to be the “employer” liable for unemployment compensation, you are responsible for all the benefits payable to that former employee. Unless extended benefits have been approved, the maximum benefit is 26 times the weekly benefits payable to the employee.
The weekly benefits are found in a table at Virginia Code § 60.1-602. This table is regularly updated, it tells you how much a person would receive per week in unemployment, based upon the amount they made when employed. For example, if a person made $6,300 in the prior twelve weeks when employed, he would receive $125 per week in unemployment, and a total of $3,250, if he were employed for the entire 26-week period.
The possibility of being liable for unemployment compensation worries many small business owners. Discuss the issue with your business attorney so that you can plan properly for your employment needs.
Tarley Robinson, PLC, Attorneys and Counsellors at Law
Williamsburg, Virginia
2-Minute Drill Weekly Tweets for 2012-06-08
- Blog Post:: Okay, how do we establish a funding plan for our Reserves? (Part 2 of a 3 part series on Reserves) http://t.co/JdDLVDNp #
- Benefits of Community Associations: How is Covenant Enforcement Good for Owners? #HOA #Condo http://t.co/34eOIZmT RT @VirginiaHOALaw #
- Blog Post: Same Employer But a Different Result in this Noncompete Case from the Virginia Supreme Court http://t.co/g4v4SGJ1 #
- Very interesting new VA law provides grants to those who investment in small businesses http://t.co/yZYcfO1i MT @VABarAssn via @rtdnews #
- Blog Post: HOA & Condo Swimming Pools not covered by new DOJ rules unless. . . . . http://t.co/yVWw19iN #in #
- All Aboard! Ozzy sued by HOA for extending their backyard onto the common area. http://t.co/GChH3PdO MT @AccellPM via @civil_litigator #
- Blog Post: Can I cut down my neighbor’s tree when its branches overhang my property? http://t.co/0xgFmGLG #in # Continue reading “2-Minute Drill Weekly Tweets for 2012-06-08”
2-Minute Drill Weekly Tweets for 2012-06-01
- ‘Hatfields & McCoys’ is a ratings record-setter. That’s a sentence I thought I’d never read. http://t.co/50YcfPoj #WV #
- Sign up for the June 5 Community Association Legislative Lunch & Learn in Williamsburg presented by Sue Tarley http://t.co/JIumBqcF #
- Blog Post: Virginia Supreme Court rules on dispute between winery and HOA – What does it means for your HOA? http://t.co/uKEgDnn6 #
- Is an injunction the right remedy to stop abusive HOA resident’s behavior? http://t.co/OYBNgWYl RT @virginiahoalaw #
- 11 Riskiest Dog Breeds for Homeowners and Renters-Insurance companies resist covering these dogs http://t.co/4qbznf5N MT @VirginiaHOALaw #
- Blog Post: Implementing an HOA Complaint Procedure in Virginia http://t.co/eXP4A7rP #in #
- Blog Post:: When might a Virginia employer be liable for unemployment compensation? http://t.co/CWEljmg8 #
- Continue reading “2-Minute Drill Weekly Tweets for 2012-06-01”
2-Minute Drill Weekly Tweets for 2012-05-25
- Blog Post: ADA Compliance – (Another) Update on HOAs, Condos and Swimming Pools” http://t.co/IplorW69 #
- Blog Post: Keeping your association documents up to date and in line with your community’s needs http://t.co/LGqMHhNM RT @CondoandHOALaw #
- Blog Post: Limited Liability Companies: What happens to an LLC when a Member dies? http://t.co/gHj7yuBU #
- Blog Post: Immigration and Employers – Remember your I-9 Forms http://t.co/ZGw1zhlK #in #
- Goats are back in the news for HOAs but this time they are “hired” by the HOA. http://t.co/rSNlwGQd RT @virginiahoalaw #
- Blog Post: Sign up for the Community Association Legislative Lunch & Learn in Williamsburg or Richmond” http://t.co/JIumBqcF #
- Blog Post: Having Ur HOA lawyer review contract AFTER signing is too late-Penny Wise/Dollar Foolish http://t.co/kNOQYuoy MT @CondoandHOALaw #
- More HOA info #FF @CaNetwork @PCAM_Las_Vegas @Associa @ManagementTrust @NVhoamanager @AccellPM @CardinalOnline @TheMossReport @Jwahwah… #
- #FF Looking for HOA info? @CondoandHOALaw @ColoradoHOAGal @VirginiaHOALaw @myhoacommunity @SwedGottHOALaw @MeebPC @chrisjaglowitz #
- Blog Post: When might a Va. employer be responsible for unemployment compensation? http://t.co/dMdlupWe Thanks for the RT @AndrewMcRoberts # Continue reading “2-Minute Drill Weekly Tweets for 2012-05-25”
2-Minute Drill Weekly Tweets for 2012-05-18
- Virginia Sup Ct Requires Face-to-Face Meeting Prior to Foreclosures on FHA Backed Loan http://t.co/9hWg0Ryi RT @natlawreview via @GT_LAW #
- Blog Post: Benefits of Community Associations: Are HOAs really as bad as some portray? http://t.co/R4tqRXp6 #
- Survey Names Top 3 Marketing Tools: Email, E-Newsletters, Social Media http://t.co/3eXSiOZJ RT @natlawreview via @stephenFairley #
- Blog Post: What are "Condominium Instruments?" http://t.co/NF2rtKCT #in #CondoLaw #
- Looks like nice weather for today's Central Virginia Chapter of CAI Golf Tournament! Doubt that will help my game, tho. http://t.co/f3oWuYyJ #
- Good advice. Blog Post: Restrictions on smoking in Condos should be handled with care. http://t.co/gsvcjiXP RT @SeaCondoAtty #
- Blog Post: Homeowners Associations – What are your Governing Documents? http://t.co/aES7K2mr Thanks for the RT @KramerLawFirm #
- 4 indispensable iPad apps for lawyers from @_RobDean http://t.co/WdGkbsbq RT @KramerLawFirm via @lawyertechrvw #
- Blog Post: Email is quick & effective but Face-to-face meeting can be powerful & persuasive. http://t.co/DaK6FBvd #HOA MT @myhoacommunity #
- Blog Post: Be aware of potential issues when an attorney is a Board member of your HOA http://t.co/po0DI7kz Thanks for RT @MyHOACommunity #
- Blog Post: What is your potential liability for serving on your HOA's Board of Directors? http://t.co/n413NXav #in #
- Blog Post: A Lien Change for the Better http://t.co/oTfrZkT9 RT @ConstructionLaw #
- Legislative Update on Virginia HOA Law in Williamsburg from Susan Tarley @VirginiaHOALaw http://t.co/qTb9MDOc #
- Blog Post: What is your potential liability for serving on your HOA's Board of Directors? http://t.co/n413NXav #in #
- Blog Post: Mediation or Meditation? Conflict is natural – it’s how we deal with it that matters http://t.co/fn0SZ3xa MT @ColmBrannigan #
- Blog Post: Homeowners Associations – What are your Governing Documents? http://t.co/sIdlRgam #HOA #
- Is it a bonus to have Attorney as HOA Pres? http://t.co/luGvoKh5 Be aware of potential issues. http://t.co/po0DI7kz Thanks @ColmBrannigan #
- Virginia Supreme Court rules against HOA and in favor of winery. http://t.co/pJ4piKyU #
- VA House Roll-Call on denying judgeship to Thorne-Begland: http://t.co/dOE1FaZA RT @JennMcClellanVA via @rtdnews #WBGVA delegates vote Nay #
- Sunrise on the Chesapeake Bay in Mathews County, Virginia http://t.co/JEWnuoBd #
- Homeowners Associations – What are your Governing Documents? http://t.co/CBE5waPz #
- Query: Is it a bonus to have Attorney as HOA president? http://t.co/luGvoKh5 Maybe, but be aware of potential issues. http://t.co/po0DI7kz #
- IL permits 55+ homes to be open to all ages: depressed housing market http://t.co/SUpjKjBf Thanks for the RT @SeaDirtLawyer @MarisaBocciEsq #
- Blog Post: Making a Citizen’s Arrest – From Mayberry, R.F.D. to Suffolk, Virginia http://t.co/hWdPygH9 #
- Blog Post: Do the Covenants for your HOA include an Arbitration Clause? Virginia Supreme Court tends to enforce them. http://t.co/mpje1pz7 #
- Blog Post: Get your fence off my property! Boundary Line Disputes http://t.co/tRBRwOX8 #
- Good Grief: Despite bi-partisan support Virginia House rejects openly gay man for judgeship. http://t.co/PaGkz0am #DailyShowHereWeCome #
- This morning on the Chesapeake Bay in Mathews County. A well-guarded secret. http://t.co/pLmpnjI3 #
- New Survey rates homeowners' satisfaction with HOAs http://t.co/xgR36wCP MT @hoamgtcom #
- Virginia Leadership Retreat 2012: Advanced education for HOA Mgrs & Business Ptrs. http://t.co/88jKvmgs #
- Blog Post: Can I cut down my neighbor’s tree when its branches overhang my property? http://t.co/IyhFV4GK #in #
- Blog Post: Business Review – Has your small business updated its shareholder agreement or operating agreement? http://t.co/ydTLGGg3 #in #
- Unable to sell units in 55+ housing, IL permits unsold age-restricted homes to be open to all ages. http://t.co/SUpjKjBf RT @virginiahoalaw #
- Blog Post: Okay a tree fell on my property. Who pays for the damage? http://t.co/kFPUhplH #in #
- The Tarley Robinson HOA Weekly is out! http://t.co/aBfVTsut ? Top stories today via @irem_info @chrisjaglowitz @tarleyrobinson @meebpc #
- Tarley Robinson Virginia Law is out! http://t.co/qplF7MWv ? Top stories today via @fairfaxbar @paulsamakow @jayokeeffe @sharonnelsonesq #
- Tarley Robinson Williamsburg News is out! http://t.co/hYArAkOT ? Top stories today via @mrwilliamsburg @vagazette @vainsurancepro #
- Thanks and #FF back at you @meebpc #
- Blog Post 2-Minute Drill Weekly Tweets for 2012-05-11: Blog Post: Business Review – Has your small business … http://t.co/Mq4Hdm98 #in #
- 2-Minute Drill Weekly Tweets for 2012-05-11 http://t.co/mcGIPvKY #
- Nike Ad boss discusses social-media – "Google AdWords is the only commercial model that is proven to work" http://t.co/3YcAvwNF MT @Clagett #
- Should I freeze my Credit Report after Identity Theft? http://t.co/8vXY7PM3 RT @Ktparkslaw #
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2-Minute Drill Weekly Tweets for 2012-05-11
- Blog Post: Business Review – Has your small business updated your shareholder agreement or operating agreement? http://t.co/ydTLGGg3 #in #
- Thanks Donna! @CondoandHOALaw #FF back at you – #condoHOAlaw favs @stratalawyer @chrisjaglowitz @CHDW_HOALaw @tarleyrobinson #condoHOA #
- Blog Post: What is your potential liability for serving on your HOA's Board of Directors? http://t.co/n413NXav #in #
- Williamsburg Bar Association unveils Judicial Portrait of Circuit Court Judge Samuel T. Powell IIII http://t.co/fjx6XsMW Thanks @Will_Sleeth #
- Condos and HOAs can create rules for service pets, but not special Fees http://t.co/PfuK8Ofq Thanks for the RT @ColmBrannigan #
- Who owns the riverbed? Charlottesville angler accused of trespassing for wading gets a day in court http://t.co/rqH8RbJn via @readthehook #
- Blog Post Williamsburg Bar Association unveils Judicial Portrait: Our Circuit Court Judge Samuel T. Powell I… http://t.co/rqhdCyLO #in #
- Williamsburg Bar Association unveils Judicial Portrait http://t.co/D8Tr1Hor #
- Blog Post: Residential construction and mechanic’s liens; how you can protect your mechanic’s lien rights http://t.co/yFFDxPgb #in #
- Think That Email Isn’t a Contract? Think Again | Small Business Support http://t.co/1IZoo671 RT @ScottWolfeJr via @KCconstrlawyer #
- Blog Post: When is a "contract" not a contract? http://t.co/tdZFJw0Z #Va #law Thanks for the RT @Clagett #
- Unable to sell units in 55+ housing, IL permits unsold age-restricted homes to be open to all ages. http://t.co/leRXT8JZ RT @virginiahoalaw #
- Blog Post: Short Sale vs Foreclosure – 10 Common Myths Busted http://t.co/0c9INEj0 RT @PruTowneRealty #
- Blog Post: General Partnerships, The Way To Go . . . Financially Under http://t.co/gPR9eF1B #in #
- Who You Calling Unethical, Warren Boroson? Stop picking on solo attorneys! http://t.co/oPN52jht MT @constructionlaw via @carolynelefant #
- Terrelle Pryor says he sold his pants for $3,000 to help his Mom pay rent http://t.co/n5qPJBuE #NCAA #
- Thanks for the mention @TheBuzzFactoree: The Hampton Roads, Virginia, Buzz is out! http://t.co/LcbrhLbz ? Top stories via @tarleyrobinson #
- Condos and HOAs can create rules for service pets, but not special Fees http://t.co/sqVFBifJ RT @LisaMagillEsq #
- Blog Post: Are you sure that your written "contract" really is a Contract? http://t.co/koae4Cqo #in #
- In FL, if HOA has lien on home, HOA can require the homeowner's tenant to pay rent to HOA http://t.co/z24XDP9Q Thanks for the RT @MyHOABids #
- Blog Post: Many HOA/Condo covenants impose Rental Restrictions. VA AG opines they are valid. http://t.co/Vn10PEVC Thanks @CondoandHOALaw #
- Just Who Does Your Insurance Agent/Broker Represent? http://t.co/QvkjYSsG RT @CondoandHOALaw #condoHOA #condominium #homeowners #HOAs #
- Blog Post: Anyone raising money for an investment, especially from family/friends, be aware of violating securities law http://t.co/jdXBXcW0 #
- When is a "contract" not a contract? http://t.co/1oQifQRm #
- Here's a challenge for a #Mediator What's a fair compromise in this Virginia 10 Commandments case? http://t.co/dczwkoUV via @PilotNorfolk #
- Every student at Walsingham Academy from pre-k to 12th grade will be issued an iPad http://t.co/lRhiBjXf Thanks for the RT @HomesinWbgVa #in #
- New Survey Affirms HOA Resident Satisfaction http://t.co/IKrK86tR RT @hoamgtcom #
- Blog Post: Did you form your company in state other than Virginia? Make sure you properly register with Virginia's SCC http://t.co/ta9LFsN9 #
- Babe Ruth’s Mass. house for sale for $1.6M http://t.co/6alayGUH #
- Interesting FL law: if HOA has lien on home and homeowner rents to tenant, HOA can require tenant to pay rent to HOA http://t.co/6LMMu76W #
- Blog Post: Your business partner wants out? Can he leave the business, AND take it with him? Do’s and Don’ts http://t.co/ZuQ4t20d #in #
- Blog Post: When might an #Employee #NonCompete Agreement be valid and enforceable? http://t.co/77t0DRAg #in #
- Wilbur The Pig Can Live. Unanswered Question: How happy are his neighbors who turned him in? http://t.co/jmUhXynb RT @hoamgtcom #HOA #
- Every student at Walsingham Academy from pre-k to 12th grade will be issued an iPad http://t.co/A6yhaEax Thanks for the RT @JASEgroup #WBGVA #
- Worth a read: The worlds largest law firm has a sales team – and so can yours http://t.co/BLiSNq35 RT @rocketmatter via @johngrimley #
- Blog Post: Many HOA and Condo covenants impose Rental Restrictions. VA Attorney General opines they are valid. http://t.co/paZGBnqm #in #
- Blog Post: What must a homeowner disclose when selling their house? Limits to the Rule of Caveat Emptor http://t.co/iFlIcyHc #in #
- Many different #tax consequences with a Home #Foreclosure Find out the details here. http://t.co/7omMytiV MT @BruceGwaltney via @Lawyerscom #
- Are Oral Arguments Worth Arguing About? Is Appellate Advocacy overrated? http://t.co/bmfdhMX7 via @adamliptak #
- Blog Post: 4 Tips to help your HOA protect its Attorney-Client Privilege http://t.co/NXwCFWCx Thanks for the RT @UtahCondoLaw #
- Proposed Ordinance: Homeowner delinquent in HOA dues not permitted to rent their property. http://t.co/r7rqLIJE MT @ColoradoHOAGirl #
- Judge won't issue order to save Norfolk firm's sign protesting eminent domain http://t.co/Q7Utajay RT @PilotNorfolk #
- The Tarley Robinson HOA Weekly is out! http://t.co/aBfVTsut ? Top stories today via @kgblawfirm @michaelteys @colmbrannigan @califcondoguru #
- Are Oral Arguments Worth Arguing About? Is Appellate Advocacy overrated? http://t.co/GgHagyvC via @adamliptak #
- Tarley Robinson Virginia Law is out! http://t.co/qplF7MWv ? Top stories today via @sharonnelsonesq @susanallenlaw @tomfosterweb @vabarassn #
- Tarley Robinson Williamsburg News is out! http://t.co/hYArAkOT ? Top stories today via @mrwilliamsburg @buschgardensva @valleycrest #
- RT @philmcnulty: Fabrice Muamba here at Wembley and getting a generous round of applause from both sets of fans. #
- Judge won't issue order to save Norfolk firm's sign protesting eminent domain http://t.co/7CsokwJt RT @PilotNorfolk #
- Blog Post 2-Minute Drill Weekly Tweets for 2012-05-04: Blog Post: Why you should have a buy-sell agreement w… http://t.co/ORfu5OvB #in #
- 2-Minute Drill Weekly Tweets for 2012-05-04 http://t.co/RWHHKinH #
- Create your own Laphroaig Tartan! http://t.co/z6F9vJmh #
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