Berenzweig Leonard

06/04/2026

Major changes to the Virginia Wage Payment Act (VWPA) are taking effect on July 1, 2026, and employers should be prepared to comply with these new requirements.

House Bill 238 greatly expands what is considered wages under Virginia law to include any remuneration an employer owes to an employee, including hourly wages, minimum wages, piece rate wages, day rates, salaries, overtime wages, legally required prevailing wages, commissions, tips, bonuses, and damages available due to the misclassification of an employee. Employees can now bring civil actions for wage payment violations under this broader definition of wages.

Employers will have a 14-day cure period to correct any violations they are notified of, and claims under the VWPA will have a 3-year statute of limitations.

Penalties for noncompliance include:

- Double the amount of wages due and attorney fees for baseline violations; and
- Triple the amount of wages due and attorney fees for knowing violations.

Businesses should review their payroll practices, offboarding procedures, and employee classifications to ensure compliance with these updated regulations.

Read HB238: https://lnkd.in/ebPqb4BU

06/04/2026

Agencies frequently limit the scope of proposal revisions that can be made in response to a solicitation amendment, and often such restrictions are proper. However, where the amendment has material impacts on proposal strategy that go beyond the aspects of a proposal a bidder is permitted to revise, such limitations may be unreasonable. In this edition of the Bid Protest Beat, Partner Stephanie Wilson examines a pre-award bid protest where a protester succeeded in challenging the agency’s restrictions of proposal revisions in response to a solicitation amendment.

Read the article here: https://www.linkedin.com/pulse/potential-ripple-effect-solicitation-amendments-mh9ue

06/03/2026

Join us for the Fairfax Bar Association's next Employment Law Section Meeting on June 18th!

This event will cover the key employment laws passed in Virginia's recent legislative session, including:

- New non-compete regulations that could spell the end of non-competes in Virginia going forward;
- Updates to the Virginia Wage Payment Act (VWPA) that greatly expand the types of pay claims employees can bring with treble damages;
- Changes to salary history & pay transparency requirements, including a very potent private right of action by employees;
- Paid Family & Medical Leave Insurance & Sick Leave; and
- What’s still to come for Virginia businesses.

We'll be joined by Virginia State Delegate Marcus Simon, who will share insights from the General Assembly on the development and intentions for these new regulations. FBA Employment Law Section Co-Chair Daniel Masakayan will moderate, and speakers Declan Leonard and Adam Nadelhaft will cover each update from the employer and employee perspectives.

Reserve your seat today: https://www.fairfaxbar.org/events/EventDetails.aspx?id=2065315&group=

06/02/2026

Employee retention and long-term incentive planning continue to be top priorities for growing businesses looking to attract and retain top talent.

In this episode of Real World Business Law, Partner Connie Phelps and Associate Attorney Shelby Julien discuss how businesses can use phantom equity as a strategic compensation tool to reward key employees without transferring actual ownership. They break down what phantom equity is and how it works, the benefits and potential challenges, and key considerations businesses should keep in mind when structuring these arrangements to align employee incentives with company growth and success.

Watch the podcast: https://youtu.be/3rQLfRtstvw
Listen to the podcast: https://berenzweiglaw.podbean.com/e/how-businesses-can-use-phantom-equity-to-incentivize-their-employees-real-world-business-law/

06/01/2026

On May 22nd, U.S. Citizenship and Immigration Services (USCIS) released a new policy memorandum that appears to limit the circumstances under which foreign nationals can apply for permanent residency without leaving the U.S., a process known as Adjustment of Status (AOS). Guidance to USCIS personnel refers to AOS as "extraordinary discretionary relief" that should only be granted in limited, outstanding circumstances (applications for AOS will be reviewed for compliance with this standard on a case-by-case basis). As such, it is possible that many nonimmigrants pursuing permanent residency, including those on certain non-immigrant work visas, may be required to return to their home country and consular process through the Department of State.

This change in procedure may result in disruptions to employee availability and work authorization, and employers should closely monitor this developing situation.

Read the Policy Memo: https://lnkd.in/grGuE69n

05/29/2026

It’s time for your bi-weekly dose of M&A and Corporate insights. In this edition, Partner Connie Phelps explores the flurry of acquisitions by drugmaker Eli Lilly and Company and breaks down how smart M&A deals can inject new life into a growing business.

Read the newsletter: https://www.linkedin.com/pulse/eli-lilly-gives-booster-growth-acquisition-three-4zioe

It’s time for your bi-weekly dose of M&A and corporate insights. In this edition, Partner Connie Phelps explores the flurry of acquisitions by drug company Eli Lilly and breaks down how smart M&A deals can inject new life into a growing business.

05/28/2026

The U.S. Department of Labor recently proposed a new rule that could narrow when companies are considered “joint employers” under federal employment laws, potentially reducing liability risks for businesses working with subcontractors and staffing agencies. To help explain what these proposed changes could mean for employers, Managing Partner Declan Leonard shared his perspective with Virginia Lawyers Weekly and discussed how the rule reflects the ongoing shifts in employment law policy between administrations.

Read the article by Jason Boleman and Kris Olson here: https://lnkd.in/eJT3GkBJ

05/22/2026

Another great event in partnership with the Veteran Institute For Procurement is in the books! Our Partner Seth Berenzweig joined this week's VIP GROW program to help Veteran-owned small businesses grow and succeed in the federal marketplace.

The business leaders in attendance were highly engaged and asked great questions throughout Seth's presentation on subcontracts and joint ventures. Together, they explored strategies for how their companies can use contract vehicles for growth and discussed practical steps to scale their businesses. Seth also explained recent regulatory changes.

We look forward to supporting future events with the Veteran Institute For Procurement to help amplify VOSB government contractors!

Learn more about the VIP Training Programs: https://lnkd.in/epMTgmKY

05/22/2026

Our attorneys Elizabeth Payne-Maddalena and Charles Bonani had a blast at last night's Happy Hour with NOVA SHRM's GovCon SIG! The evening included great connections and conversations and enough pizookies to keep the crowd coming back for more.

Thank you to SIG leaders Jennifer Hughes and Veronica G. Wilson for their hard work coordinating this evening, and to VP of Partnerships Brian F. Willey for making NOVA SHRM such a fantastic community to be a part of!

We are proud to sponsor the GovCon SIG's inaugural event and look forward to staying involved at future events.

05/22/2026

This week’s BL Business Branding Newsletter takes a look at an unexpected use of trademark law, as Capital One recently filed a lawsuit against alleged operators of large-scale scam campaigns for trademark infringement. While trademark disputes often involve competing brands battling over logos, slogans, or product names, this case highlights how trademark protection can also be used as a tool against fraud and protect consumer trust.

Read the article here: https://www.linkedin.com/pulse/capital-one-takes-scammers-trademark-lawsuit-berenzweig-leonard-llp-r0gee