Gavin Law Offices

Valentine’s Day Fun Facts!

Posted on by Gavin Law Offices

Candy, flowers, and even heart-shaped pizzas may come to mind when preparing for the 14th of February. 

But where do these traditions come from? How are Americans celebrating this year? Here’s some fun facts about Valentine’s Day:  

  1. Not surprisingly, the Legend of St. Valentine bears little resemblance to our modern celebrations. It is alleged that before his death, St. Valentine signed a letter to his love with “From your Valentine.” 
  2. The Greeting Card association estimates that 145 million Valentine’s Day Cards are sent every year, second only to Christmas.
  3. A somewhat polarizing celebration among Americans, only around half of U.S. adults will celebrate Valentine’s Day this year, according to statista. 

Recognized by many as a celebration of love, Valentine’s Day in the United States also represents major economic activity. In total, consumer spending on Valentine’s Day in the U.S. is expected to total 21.8 billion dollars this year. This is quite a large number, but is actually significantly less than years prior due to the COVID-19 pandemic. Dining-out options represent another likely change for this year. More people will be celebrating with a night in or ordering take out rather than a traditional date night. 

If you’re looking for last minute gifts or activities, here are some options:

  1. Gift cards for a favorite local business. With economic uncertainty, now is an extra important time to spread some love and support to the local community.  
  2. DIY “coupons.” Make slips of paper with activities to give to your loved one to redeem when they wish. These could be thoughtful gestures like serve breakfast in bed or playful options such as watch your (terrible) show, set thermostat to your (freezing) setting, and load dishwasher your (wrong) way. Not only are these coupons an inexpensive option, they can also really come from the heart as you personalize them and add some levity to pandemic life! 
  3. Virtual “Palentine’s” party! Single? Complicated? No worries! This time of year isn’t just for romantic love – set up a call with friends to watch cheesy rom-coms, share embarrassing date stories, test out a cat filter, and snack on everything heart-shaped.  

Valentine's themed treat boxes sit atop the front desk at Gavin Law Offices

 

This year we were inspired by Valentine’s celebrations of our youth and set up small treat boxes in the office. Everyone received candy, stickers, and a small fortune to unbox. In addition, team members decided to get small surprises to give to one another!

So, how are you celebrating this February 14th? 

Romantic candle lit dinner with a loved one? Or is it a time to poke fun at our traditions and instead gather – virtually – with friends? Let us know!  

 

Clarifying Non-Compete Law in Virginia

Posted on by Gavin Law Offices

In 2020, Virginia passed legislation creating prohibitory rules regarding noncompete agreements. This statute follows several other states which have created similar laws. In Virginia, employers cannot enforce noncompete agreements against low-wage employees. To fully understand and know what next steps to take for you or your business, let’s take a closer look.

This statute prohibits any agreement that “restrains, prohibits, or otherwise restricts an individual’s ability, following the termination of the individual’s employment, to compete with his former employer” (§ 40.1-28.7:8). This means there is potential to affect noncompete provisions in employment agreements, standalone restrictive covenants, and separation agreements. It does not prohibit confidentiality agreements and nondisclosure agreements.

What exactly is “low-wage”?

The term “low-wage employee” is a bit of a misnomer because it includes around half of VA employees. The statute defines low-wage employees as anyone who receives less than the average weekly wage per VA Employment Commission. This number will be updated quarterly and is subject to change but is currently approximately $59,124/year or $1,137/week. Low-wage employees also include “interns, students, apprentices, or trainees employed, with or without pay, at a trade or occupation in order to gain work or educational experience” (§ 40.1-28.7:8).

Another important aspect for employers is penalties for violation. A qualifying employee may sue an employer for violating or attempting to violate this law. The employee may receive “all appropriate relief” (§ 40.1-28.7:8) which may include:

  1. An injunction against the employer
  2. Liquidated damages
  3. Lost compensation
  4. Reasonable attorney’s fees and costs, including fees for expert witnesses

What employers can do:

Luckily, there are some measures that employers can take to avoid violation, provide a fair working environment, and still protect their professional interests. An easy first step is to post a copy or approved summary of the statute with other required employment notices. Employers must also take the time to review form non-compete agreements (and other restrictive covenants) to ensure compliance. Non-compete agreements for employees other than “low-wage employees” are enforceable if the employer can show that they are:

  1. Narrowly drafted to protect legitimate business interest
  2. Not unduly burdensome on the employee’s ability to earn a living
  3. Not against public policy

Due to other provisions of note not explored in this post, be sure to contact Gavin Law Offices for more information.  We continually monitor recent non-compete and trade secret legislation to better serve you and your business.

(This is not intended as legal advice. Contact a lawyer for assistance in your particular situation.)

 

What You Need to Know About the CASE Act

Posted on by Gavin Law Offices

The CASE Act of 2020 establishes a new Copyright Claims Board (“CCB”) to hear infringement, noninfringement and misrepresentation claims which meet certain criteria.  Generally, the Act provides a less expensive method for harmed parties to assert copyright claims short of filing in federal court.

Remedies available include actual damages and profits, statutory damages and injunctive relief.  Works timely registered with the Copyright Office are eligible for an award of statutory damages of up to $15,000 for each infringed work.  Statutory damages for timely registered works may not exceed $30,000 in any single proceeding.  Works considered not timely registered are eligible for statutory damages of $7,500 per infringed work, not to exceed, however, $15,000 in any single proceeding.  For both timely and not timely registered works, statutory awards limitations are exclusive of attorneys’ fees and costs.

Claimants must file an application to register the allegedly infringed work prior to filing with the CCB. Although issuance of a copyright registration certificate is NOT required to initially file, registration IS required for damages to be awarded.

 

Why does it matter?

Lower value small claims may now be asserted more easily.  For those seeking small licensing fees for use of their works or wishing to represent themselves, the CASE Act will help.

The CCB will be staffed with attorneys who may be available to help claimants evaluate or state their claim.  This may allow certain claimants to file on their own without hiring a personal attorney; it should be noted, however, that CCB staff attorneys may or may not provide more than general guidance to the claimant and may or may not be available when needed.

Defendants/Respondents in CCB claims have the right to opt out of the proceedings (within 60 days) and to instead have the claim heard in federal court.  If so, the claimant will have wasted time filing with the CCB and will still need to move forward in federal court, which will benefit large corporate defendants.

 

What to do?

  1. Get Registered. To take full advantage of the CCB statutory damages awards, copyrighted works need to be timely registered.
  2. Audit Content and Contracts. Don’t be an easy target for claims, meaning, review content and related contracts to ensure proper licensing or originality of content and add a layer of indemnity to contracts before small claimants can take advantage of new easier filing of copyright complaints against you.

 

 

– Pam Gavin & Elizabeth Sewell

(This is not intended as legal advice. Contact a lawyer for assistance in your particular situation.)

January Focus: Self-care and Wellness

Posted on by Gavin Law Offices

Self-care can mean a lot of different things and everyone practices it a little differently. We wanted to highlight some of the ways that our team has been taking care of our well-being. To celebrate the new year, we decided to treat ourselves to facemasks.

Finding time to rest and relax is an important part of sustainable working habits. Some members of our team use candles and soft music to relax. Elizabeth sticks to a meditation routine and Jenn likes quiet days.

Taking care of ourselves involves more than just the ways in which we relax, itis also sticking with healthy routines. Here are some of the best ways to start your day, according to the GLO team:

Courtney: Coffee

Pam: A solid night’s rest

Jenn: Coffee, socks, and pups!

Elizabeth:  A (COVID-19 compliant) walk with close friends.

Lily: Upbeat music

There is a whole list of ways to practice self-care that works for your life, whether it be for your physical, mental, or any other part of your well-being! This could look like daily routines that help support your goals or treating yourself to something special. Finding what helps you recharge is important, whether it’s daily increments of exercise, walks in sunny weather, or guilty pleasures like reality TV shows. Let us know how you relax and recharge!

 

Christmas Festivities  

Posted on by Gavin Law Offices

A glass ornament has "Bye 2020" written on it with silver sharpie

As the year comes to a close, our team has Christmas on the mind. 

The holidays feel like an extra important time to show appreciation for one another and have some fun, especially considering the unforeseen circumstances of this year. Although we can’t be together like usual, we’ve still found ways to connect over our favorite aspects of the most wonderful time of the year. 

For our first Christmas themed virtual meeting, we decorated glass ornaments with metallic sharpies. One of the common phrases that we chose to adorn them was “Goodbye 2020.” We recently competed in a game of Christmas trivia where Kat Gavin took the honor and bragging rights of most correct answers. Questions included fun facts from popular movies as well as the origins of our modern-day traditions. To wrap up – pun intended – we will celebrate with a virtual white elephant gift exchange, thanks to the help of one of Santa’s elves. New Year’s happy hour will help us close out 2020 and welcome in a new chapter. What about you? We’d love to hear about any of your creative holiday festivities!  

In addition to spending time remotely to help celebrate, we also found out our team’s favorite aspects of Christmas! There are some similarities and some surprising some outliers.  

Kat Gavin  
  • Movie: Rudolph the Red Nosed Reindeer or It’s a Wonderful Life  
  • Song: The Christmas Song by Nat King Cole  
  • Dish: Southern Grits Casserole and Monkey Bread  
  • Treat/Dessert: Peppermint Bark and Hot Cocoa  
  • Tradition/Activity: Decorating the Tree 
Elizabeth Sewell
  • Movie: Christmas Vacation  
  • Song: Santa’s Coming in a Whrily Bird by Gene Autry  
  • Dish: My Mom’s Shrimp and Grits  
  • Treat/Dessert: Homemade Christmas Cookies  
  • Tradition/Activity: Putting up the tree with my kids  
Pam Gavin  
  • Movie: Titanic  
  • Song: Somewhere Over the Rainbow  
  • Dish: Pasta  
  • Treat/Dessert: Fruit Cake  
  • Tradition/Activity: Everything Christmas!  
Rina Van Orden:  
Courtney Reigel:  
  • Movie: Elf and Home Alone  
  • Song: The Christmas Song  
  • Dish: Ham  
  • Treat/Dessert: Christmas cookies  
  • Tradition/activity: Christmas movies/decorating  

Lastly, the most contentious of Christmas opinion: Does the GLO team consider Die Hard a Christmas Movie? The majority voted: No, Die Hard is not a Christmas movie. What do you think?

 – Lily Taggart