Kathy Taylor joins the firm as a zoning associate in the Arlington office. Prior to joining Walsh, Colucci, Lubeley & Walsh, she worked as an associate for ShounBach, where she gained substantial experience in family law serving clients in Northern Virginia. She represented clients on all issues surrounding divorce, such as division of marital property, custody, child support, and alimony as well as cases relating to protective orders, modifications, and show cause. Kathy is a graduate of George Mason University School of Law, where she was a member of the Civil Rights Law Journal. She also holds a bachelor’s degree in History from the University of Virginia. Outside of work, she enjoys spending time with her family and friends, running, as well as exploring new places and restaurants. Welcome, Kathy!
Firm News
Stephanie N. Keener Joins Walsh Colucci
Stephanie Keener joins the firm as a legal assistant for the Real Estate Transactions group in the Arlington office where she will be supporting Mark Goetzman and Antonia Miller. Prior to joining Walsh Colucci, she worked as a paralegal for Rees Broome, where she managed the collections accounts for multiple homeowner and condominium associations, assisted with the preparation of various court documents and filings, and served as a liaison between the association attorneys and homeowners. Stephanie is a graduate of Virginia Commonwealth University where she obtained a Bachelor’s Degree in Criminal Justice with a concentration in Crime Scene Investigation. She also holds an ABA paralegal certification from Marymount University. Outside of work she enjoys rooting for the VCU Rams, reading, and is a devoted Game of Thrones fan. Welcome Stephanie!
Three Land Lawyers are listed in the 2018 edition of Virginia Business Legal Elite
Thomas J. Colucci, John Foote, and Andrew Painter, of our land use, litigation, and real estate transactions practices, are listed among the 2018 Virginia Business Legal Elite, published in the December issue of Virginia Business magazine. The Virginia Business Legal Elite list is compiled from nominations and votes submitted by the members of the Virginia Bar Association and Virginia State Bar. It has been published annually since 2000 by the magazine.
Congratulations to our attorneys recognized by Virginia Business magazine and included in the 2018 Virginia Business Legal Elite list in the Real Estate/Land Use category!
Six Land Lawyers Named to 2018 Super Lawyers Lists
We are pleased to announce that three attorneys have been named to the 2018 Super Lawyers list and three to the 2018 Rising Stars list. Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. This selection process includes independent research, peer nominations, and peer evaluations.
For the 12th consecutive year, Art Walsh (Land Use/Zoning and Real Estate Business), Tom Colucci (Real Estate Transactions), and John Foote (Land Use/Zoning, Environmental, and General Litigation) appear on the Super Lawyers lists for Virginia and Washington, D.C.
Rising Stars include Andrew Painter (Land Use/Zoning), Michael Coughlin (Eminent Domain), Chuck McWilliams (Estate Planning), and Nicholas Cumings (Land Use/Zoning).
Please join us in congratulating our 2018 Super Lawyers and Rising Stars.
Four Land Lawyers are included in Washingtonian’s Best Lawyers list
Congratulations to our attorneys recognized by Washingtonian magazine and included in the Washington, DC’s Best Lawyers: Real Estate list!
Three Land Lawyers are listed in the 2017 edition of Virginia Business Legal Elite
Congratulations to our attorneys recognized by Virginia Business magazine and included in the 2017 Virginia Business Legal Elite list in the Real Estate/Land Use category!
Walsh Colucci files development plan on behalf of Walton Street Capital
Liberty Park will be a transit-friendly, mixed-use project located along the Dulles Toll Road east of the planned Innovation Center Metro Station. Read the front-page story in “The FAIRFAX Newsletter.”
U.S. Federal Court Issues Injunction to Deny Proposed Revisions to FLSA’s “Salary Basis Test”
www.dol.gov
In June of this year, Land Sense published an article about the change the U.S. Department of Labor announced in May for determining overtime eligibility. That rule change, which was set to go into effect on December 1, 2016, raised the minimum salary test for determining overtime eligibility to $47,892 annually.
In other words, the minimum salary test for determining overtime eligibility was raised from $455/week ($23,660 annually) to $921/week ($47,892 annually) for executive, administrative, and professional employees. The Department of Labor projected this change would apply to approximately 4.2 million American workers.
Shortly after the Department of Labor’s May announcement, 22 states and dozens of business and trade organizations filed suits in various federal courts. A few of those cases were consolidated into a case pending in the U.S. District Court for the Eastern District of Texas, where the plaintiffs filed motions asking that the court overturn, or at least delay, the implementation of the Department of Labor’s new threshold salary test.
On November 22, Texas District Judge Amos L. Mazzant III issued a ruling holding that not only was the new test stayed from implementation, but also the FLSA did not support any minimum salary floor at all based on a plain reading. Thus, pursuant to Judge Mazzant’s holding, any person employed in an executive, administrative, or professional capacity is ineligible for overtime pay no matter what their current salary. Furthermore, Judge Mazzant ruled that the Department of Labor is enjoined from implementing the salary threshold rule anywhere in the United States.
With Judge Mazzant’s ruling issued so close to December 1, 2016, it seemed unlikely that his decision would be appealed, let alone heard by any appellate court, prior to the planned implementation date, leaving employers at a loss as to how to proceed to ensure compliance with the FLSA. It is also unclear what actions Congress or the new Administration will take to either alter the FLSA or defend the Department of Labor in any forthcoming appeal or related suits. New questions are certain to arise regarding the eligibility of workers for overtime pay based on Judge Mazzant’s ruling.
If you have questions about whether your employees are eligible for overtime pay based on this new ruling, you should direct your queries to an attorney who can thoroughly review the current eligibility requirements with you. Please note that no part of Judge Mazzant’s ruling should be read to change an employer’s record-keeping responsibilities under the FLSA. Questions about this article, or about the Fair Labor Standards Act, can be directed to Michael Kalish.
Chuck McWilliams Named Shareholder
December 2, 2016 – Arlington, VA. Walsh, Colucci, Lubeley & Walsh is pleased to announce that Charles E. McWilliams, Jr., has been named shareholder in the firm.
Chuck McWilliams joined the firm in 2012 after working with a boutique tax, trusts, estates, and business planning practice in Winchester, Virginia. Chuck brings incredible talent to the firm. He is both an attorney and a certified public accountant and recently earned an LL.M. in Taxation from Georgetown University. Chuck’s practice focuses on complex estate transactional, and business planning for business owners, individuals, and families. He was recently named a 2017 “Rising Star” by Super Lawyers in Estate Planning & Probate. Chuck is also a member of the Board of Directors of the Lord Fairfax Community College Foundation, which supports continued growth and development in the communities of Frederick, Fauquier, and Page Counties, and throughout the Shenandoah Valley.
“Chuck is an outstanding attorney. He has earned his position as shareholder by demonstrating expertise in his field, by providing outstanding service to his clients, and through his commitment to the community where he lives and works,” said Nan Walsh, Managing Shareholder. “We are fortunate and proud to have a quality individual like Chuck as shareholder in our firm.”
