Time to Reexamine the Status of Your Independent Contractors

Department of Labor issues new, six-factor test for independent contractor classification.

By: Samantha S. OteroBusiness Law Practice Group

On January 10, 2024, the U.S. Department of Labor (DOL) published a final rule that provides guidance on whether a worker is an employee or an independent contractor under the Fair Labor Standards Act (FLSA). The rule will take effect on March 11, 2024.

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Amanda T. Belliveau Honored Among Class of 2023 by Virginia Lawyers Weekly Leaders in the Law

Amanda Belliveau is selected by Virginia Lawyers Weekly as an Honoree in the 2023 Class of Leaders in the Law. Chair of the Workers’ Compensation practice group, Amanda represents employers and carriers in the defense of workers’ compensation claims, handling matters through all levels of the litigation process.

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Eva Roffis Honored Among Class of 2023 by Virginia Lawyers Weekly Up & Coming Lawyers


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Assault Did Not Arise Out of the Claimant’s Employment

The Commission recently upheld a denial of benefits to the claimant due to an alleged assault in Jones v. AutoZone, Inc., JCN VA00001970794 (July 5, 2023).

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Best Lawyers in America© 2024 Recognizes 19 McCandlish Holton Attorneys

Best Lawyers in America© 2024 Edition recognizes 19 McCandlish Holton attorneys in 15 practice areas such as: Commercial Litigation, Insurance Litigation, Workers’ Compensation, Immigration Law, Employment Law, and Construction Litigation. Reflective of the foundational role civil litigation holds at McCandlish Holton, 11 of the 15 recognized practice areas are in litigation. 

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5 Investigative Tips for Determining Jurisdiction of Out-of-State Injuries

Workers’ Compensation Defense Digest | July 2023

Accidents that happen outside of Virginia are known as “foreign injuries” under Virginia Code § 65.2-508. That code section provides the framework for determining whether the accident falls under the jurisdiction of the Virginia Workers’ Compensation Act.

When an accident takes place outside of Virginia, the claimant can recover under the Act if both:

(1) The claimant’s contract of employment was made in Virginia; and
(2) The employer has a place of business in Virginia; provided the contract of employment was not expressly for services outside Virginia.

It is the claimant’s burden to establish these elements.

Contract of Employment

The contract of employment may be in writing or may be a verbal agreement. The place where the last act necessary to give validity to a contract occurs is the place where the contract is made.

Determining where the last act necessary to complete the contract is made can be tough, but the case law provides useful examples:

In Pro-Football Inc. v. Paul, 39 Va. App. 1, 569 S.E.2d 66 (Sept. 3, 2002), a professional football player was traded from the Denver Broncos to the Washington Commanders. As a

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Workers’ Compensation Legislative Alert: 4 New Virginia Laws Taking Effect July 1, 2023

These 4 new or amended laws will take effect on July 1, 2023:

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Commercial Litigation Attorney Cam Beck Individually Ranked in Chambers USA 2023

Cameron Beck is individually ranked by Chambers USA 2023 Guide for General Commercial Litigation in Virginia - Band 3. Chambers quotes from their research interview with a referral: "Cam is an excellent, well-rounded advocate."

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Immigration Attorney Jennifer Minear Individually Ranked by Chambers USA 2023

The Chambers USA 2023 Guide ranks immigration attorney  Jennifer Minear in Band 1 for Virginia, noting that she is: ‘‘...highly experienced in employment-based immigration. She frequently acts for clients in the healthcare sector.’’

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7 McCandlish Holton Attorneys Recognized by Virginia Super Lawyers® 2023

Super Lawyers® recognizes six attorneys in the category of ‘‘Super Lawyers’’ and one attorney in the category of ‘‘Rising Stars’’ across six practice areas:

  • Business Litigation
  • Civil Litigation- Defense
  • Employment & Labor
  • Insurance Coverage
  • Transportation/Maritime
  • Workers’ Compensation

The 2023 edition includes the first Super Lawyers® recognition for Workers’ Compensation attorney, Amanda Belliveau.

Each year, lawyers are invited to nominate the top attorneys they have personally observed in action. Approximately 5% of attorneys receive the ‘‘Super Lawyers’’ recognition, and only about 2.5% are selected as ‘‘Rising Stars.’’ 

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