Basnight, Kinser, Leftwich & Nuckolls, P.C.

In Observance of Thanksgiving, our holiday hours are as follows:

Wednesday, November 24th 8:30am - 1:00pm
Thursday, November 25th Closed
Friday, November 26th Closed

Wishing you and your family a safe and Happy Thanksgiving...From our family to yours.

https://www.wavy.com/news/virginia/beach-couple-taken-for-10000-by-hvac-contractor-gets-rare-payout-from-state-consumer-protection-fund/

Beach couple, taken for $10,000 by HVAC contractor, gets rare payout from state consumer protection fund VIRGINIA BEACH, Va. (WAVY) — A couple who had paid a contractor $10,000 to install a faulty, undersized HVAC system has received a payment from the Contractor Transaction Recovery Fund. Joe a…

DeSantis Calls Systemic Racism ‘Horse Manure,’ Blasts ‘Very Harmful’ Critical Race Theory As ‘Race-Based’ Marxism Republican Florida Governor Ron DeSantis on Thursday blasted accusations that the United States is systemically racist as "horse manure," and further said critical race theory is a race-based form of Marxism.

Nearly 5 Million Jobs Gained in June,
Unemployment Rate Drops to 11.1 Percent

The U.S. economy showed positive job gains for the second straight month in June, adding 4.8 million jobs, and the unemployment rate fell to an approximate 11 percent from an adjusted 16.4 percent in May, according to the latest report from the Bureau of Labor Statistics. There’s been a significant rebound in industries that once experienced the greatest job losses, such as leisure and hospitality and retail, as the economy slowly continues to recover. However, the reporting was conducted in mid-June, meaning recent developments, like the surge in coronavirus cases and resultant closures in some states, aren’t captured in the data.

States reported that about 1.4 million U.S. workers filed for new unemployment benefits during the week ending June 27. First-time claims have fallen for 13 straight weeks since hitting a record 6.8 million in late March. The total number of workers continuing to claim unemployment benefits held at 19 million last week after peaking at nearly 25 million in early May. Another 12.8 million people continue to claim unemployment under the newly created Pandemic Unemployment Assistance program providing jobless benefits to workers previously not eligible for unemployment.

Basnight, Kinser, Leftwich & Nuckolls, P. C. will be CLOSED on Friday, July 3rd in observance of Independence Day.

Caveat Venditor!
Most everyone is familiar with the warning, caveat emptor which is Latin for, "let the buyer beware," but this is warning to seller's of real estate. The Virginia General Assembly passed, and Governor Northam signed into law a tax increase for Sellers of real property in Norfolk, Virginia Beach, Chesapeake, Portsmouth, Hampton Roads and Newport News. As of 1 July 2020, an additional tax will be assessed as the Hampton Roads Regional Transportation Improvement Fee. The additional fee will be $.06/100 on all documents conveying real property in those cities. As such, and as an example, on a $350,000.00 home sale the standard Grantor's tax of $350.00 will be assessed plus the additional $211.00 fee for the Transportation Improvement fee. Caveat Venditor, let the seller beware.

Jeffery L. Nuckolls

BASNIGHT KINSER LEFTWICH & NUCKOLLS, P.C.
Attorneys and Counsellors At Law

In a landmark decision, the U.S. Supreme Court held that Title VII of the 1964 Civil Rights Act's prohibition against discriminating based on s*x in employment includes members of the LGBTQ community. Title VII applies, generally, to private employers with 15 or more employees and their agents, but does not include the United States, a corporation wholly owned by the Government of the U.S., an Indian tribe, or any department or agency of the District of Columbia subject to procedures of the competitive service.

Source: Title VII. Bostock v. Clayton County, Georgia

U.S. Loses 20.5 Million Jobs, Unemployment Rises to 14.7 Percent


The economic devastation wrought by the coronavirus has finally shown its scale in the government’s monthly reporting—U.S. employers cut 20.5 million jobs from mid-March to mid-April, while the nation's unemployment rate rose to 14.7 percent as much of the country shut down. The report reveals how broad the damage is to the labor market, even as weekly first-time unemployment claims show millions more displaced workers have filed for benefits since the data was collected.

Source: SHRM

https://c.shrm.org/dc/Bblvn7lUvEnneGOj_JteneCDp1d1W3hLOkHWrzYE5zWdX-fNnPGNUhXbScHbg08yKh0cY0WvAqslClgyY7bJDmaHXkOOMMsNBWLjcOtXZ5DJEmsW94XDpl-9xsl5Hhy5YtSbyjn2IS1D4dFJTkhkmwO_-qVR66EOJVQ2_47CyVuVtcZbIYEH4DjFmrtGCgm3XRhZcD_g9sSF6C-_jeq3S2NnNbwtb2hMQojtLcutnfQ0-3kz7GwmdVqnPEMTaYZmENWZCrvo54WMEIfBuwZULlCJqer4regu9b8GlsSbfGfMrykQ8QF4-OPVhsoFFVPJ1BFV0vlKOjGQup6nnAB9SpQ7tWp8tvoifYpvTrwrR7zDoxGmCHYi4Jwey5pHW1_MKpSLwKf5Qw4s2sZ8y9KJ60SPPZxNVFFBzEJfK3tu0RBEGV4tA_xnGSciDRb5YiXWpvm5oLfR9oDPfW11cHfPLpStpN1zijdy4-tZ9d0FDsQ4m9lMBdvHiHmRdyhv5uVyTvaQC0NDG1eCdPcrOXK12A==/Ab3M0mTW30ms6xy0040g18S

c.shrm.org

https://www.shrm.org/ResourcesAndTools/legal-and-compliance/employment-law/Pages/Court-Upholds-Strict-Noncompete-Tied-to-Incentive-Payments.aspx

Court Upholds Strict Noncompete Tied to Incentive Payments A voluntary incentive investment plan created by a government recruitment firm that barred signing executives from acts of disloyalty against it or its subsidiaries for 30 months after departure was enforceable.

https://www.shrm.org/ResourcesAndTools/legal-and-compliance/employment-law/Pages/EEOC-coronavirus-temperature.aspx

EEOC: Employers Now May Take Employees’ Temperatures The Equal Employment Opportunity Commission (EEOC) gave employers the green light to take employees’ temperatures to try and ward off the spread of the coronavirus in guidance updated March 18. But will taking temperatures really work?

https://www.shrm.org/ResourcesAndTools/legal-and-compliance/state-and-local-updates/Pages/workers-compensation-coronavirus-claims.aspx

Workers’ Compensation Won’t Cover Many Coronavirus Claims State workers’ compensation statutes usually won’t cover workers who contract coronavirus, except those few workers who get the virus as a natural consequence of their jobs.

https://www.shrm.org/hr-today/news/hr-news/Pages/Forget-the-Face-Masks-They-Wont-Help-Healthy-People-Avoid-Coronavirus.aspx

Forget the Face Masks. They Won’t Help Healthy People Avoid Coronavirus. Certain face masks offer a crucial defense for nurses, doctors and others who attend to infected patients, and they might keep a sick person from spreading coronavirus. However, they don't protect healthy people in public. In fact, they could even make co

https://www.shrm.org/ResourcesAndTools/hr-topics/behavioral-competencies/global-and-cultural-effectiveness/Pages/Coronavirus-and-Racism-Take-Precautions-to-Fight-Discrimination.aspx

Coronavirus and Racism: Take Precautions to Fight Discrimination ​Panic over the coronavirus is ratcheting into racism against people who are of Chinese or Asian descent since the virus was first identified in China in December. Here are some steps employers can take.

https://www.shrm.org/ResourcesAndTools/hr-topics/employee-relations/Pages/CDC-Official-Asks-Employers-to-Do-All-They-Can-to-Slow-Coronavirus.aspx

CDC Official Asks Employers to Do All They Can to Slow Coronavirus During a webcast by the Society for Human Resource Management (SHRM), Dr. Jay C. Butler, deputy director for infectious diseases at the CDC, spelled out the rationale for his agency's repeated calls for employers to consider generous sick-leave policies,

https://www.shrm.org/ResourcesAndTools/legal-and-compliance/employment-law/Pages/coronavirus-checking-temperatures.aspx

During Coronavirus Outbreak, Should Employers Check Workers’ Temperatures? Some employers are using infrared forehead thermometers to take workers' temperatures, then sending the workers home if they have a fever. Is this legal?

https://www.shrm.org/ResourcesAndTools/legal-and-compliance/employment-law/Pages/coronavirus-sick-leave-policies.aspx

Coronavirus Outbreak Prompts Employers to Review Sick Leave Policies Do employees have the right to take time off if they are concerned about contracting coronavirus? Can employers send sick workers home? Should employees be paid for missed work time? HR is likely considering these questions.

https://www.shrm.org/ResourcesAndTools/hr-topics/employee-relations/Pages/OK-Boomer-and-Lazy-Millennial-Shouldnt-Be-Ignored.aspx

‘OK Boomer’ and ‘Lazy Millennial’ Shouldn’t Be Ignored Though "OK Boomer" has become a popular punchline, particularly in social media posts, it's also the kind of age-related putdown that can create tension and real problems in workplaces that are dealing with intergenerational conflict.

Obituary for Frances Annette Allen Dunaway at Parr Funeral Home & Crematory Frances Annette Allen Dunaway, 62, passed away on Monday, February 17, 2020. She was born to the late Audrey Walston Johnson and Charles Francis Allen in Norfolk Co., VA. She was a paralegal for Basnight, Kinser, Leftwich Knuckolls, P.C. She was a member of Raleigh Heights Baptist Church and Hope

We are sad to announce the passing of Annette Dunaway. Annette worked with our firm for almost fifteen years. She was an extraordinary person. She will be missed; by all of us and so many others.

If you are planning to use a Power of Attorney for a real estate closing please bear in mind:

1. The Settlement Agent will need the original Power of Attorney document.

2. If a deed or deed of trust is being signed by Power of Attorney, the Settlement Agent will need to file
the original document in the court. (It will be returned).

3. The Power of Attorney must give authority for the named-agent to act in the purchase or sale of real
property.

4. Generally, Trustees of a Trust cannot designate an agent to sign for the Trust with a Power of
Attorney.

5. Generally, a corporate officer or member of a limited liability company cannot appoint an agent to
sign real estate closing documents for the corporation or limited liability company.

6. The Power of Attorney must be printed on 8 1/2 x 11 or 8 1/2 x 14 paper and have a font of no less
than 11.

7. You need to advise your Settlement Agent that you intend to use a Power of Attorney in the closing of
the real estate transaction well before . . . well before, the closing date. Failure to do so can and
almost always does delay closing.

8. The agent appointed under the Power of Attorney will need to sign an affidavit at closing testifying
that the Power of Attorney has not been revoked and that the person granting the authority is alive.

9. Powers of Attorney die with the maker of that document. An agent cannot use a Power of Attorney
document to sign the name of a person who is deceased.

If you have questions concerning Powers of Attorney, please feel free to call us.

https://www.shrm.org/ResourcesAndTools/legal-and-compliance/employment-law/Pages/House-passes-major-overhaul-of-labor-law.aspx

House Passes Major Overhaul of Labor Law The U.S. House of Representatives passed a bill Feb. 6 that would change labor law in many ways. Secret-ballot union elections could be more easily bypassed by signing union authorization cards, classifying workers as independent contractors would be more difficult, and an expansive definition of .....

https://www.shrm.org/ResourcesAndTools/hr-topics/talent-acquisition/Pages/Trump-Expanded-Travel-Ban-6-New-Countries.aspx

Trump’s Expanded Travel Ban Includes 6 New Countries The Trump administration announced new travel restrictions for citizens from six countries: Eritrea, Kyrgyzstan, Myanmar, Nigeria, Sudan and Tanzania. The expanded travel ban goes into effect Feb. 22.

https://www.shrm.org/ResourcesAndTools/legal-and-compliance/employment-law/Pages/Court-Report-bias-claim-motivated-applicant.aspx

Bias Claim Fails Where Employer Hired Motivated Applicant Evidence that an employer had hired a motivated candidate with a disability was relevant and nonprejudicial in a trial involving an unsuccessful applicant’s claim of disability discrimination, the 7th U.S. Circuit Court of Appeals held.

January Job Gains Kick the Year Off with a Bang U.S. employers added 225,000 new jobs in January, according to the latest Bureau of Labor Statistics report. Job gains may pale compared with January 2019’s 312,000 jobs added, but when considered against an unemployment rate holding at a 50-year low, the report shows the economy still has room to...

Maintaining the Medical Standard of Care and Complying with the Americans With Disability Act: A Delicate Balancing Act.

https://www.shrm.org/ResourcesAndTools/legal-and-compliance/employment-law/Pages/Court-Report-nurse-anesthetist-eye-condition-ADA.aspx

Fired Nurse Anesthetist with Eye Condition Can Pursue ADA Claim A certified registered nurse anesthetist with a degenerative retinal condition whose employer questioned her sight and later fired her could proceed with her Americans with Disabilities Act (ADA) claim, the 6th U.S. Circuit Court of Appeals ruled.

https://www.shrm.org/ResourcesAndTools/legal-and-compliance/employment-law/Pages/address-workplace-coronavirus-concerns.aspx

Coronavirus Concerns in the Workplace With reported cases of coronavirus in the United States, U.S. employers and employees are starting to get worried. What steps can employers take to prevent its spread? Should there be travel restrictions for employees in the U.S. who are traveling abroad?

https://www.shrm.org/ResourcesAndTools/legal-and-compliance/state-and-local-updates/Pages/Virginia-Wage-Statement-Requirements-Apply-to-All-Employees.aspx

Virginia’s New Wage Statement Requirements Apply to All Employees The Virginia Department of Labor and Industry has clarified that the requirement to provide employees with a detailed, written statement for each regular pay date applies to all employees, regardless of whether they are exempt or nonexempt. Here’s what the new law entails.

https://www.shrm.org/ResourcesAndTools/legal-and-compliance/employment-law/Pages/Court-Report-OSH-Act-respiratory-hazards.aspx

Follow OSH Act When Evaluating Respiratory Hazards Employers must evaluate respiratory hazards at their workplace whenever the potential exists for employees to be overexposed to contaminants, according to the 9th U.S. Circuit Court of Appeals.

https://www.shrm.org/ResourcesAndTools/hr-topics/technology/Pages/Organizations-Urged-to-Shore-Up-Cybersecurity-.aspx

Organizations Urged to 'Shore Up' Cybersecurity ​The Department of Homeland Security's Cybersecurity and Infrastructure Security Agency (CISA) is advising organizations to be vigilant about their security measures following airstrikes between the U.S. and Iran. The agency offers tips for employers to follow to make sure their data is safe.

https://www.shrm.org/ResourcesAndTools/legal-and-compliance/employment-law/Pages/New-Paid-Parental-Leave-and-Ban-the-Box-Laws.aspx

New Paid Parental Leave and ‘Ban-the-Box’ Laws Apply to Federal Employers About 2.1 million federal employees will soon be eligible for paid parental leave under a defense spending bill recently signed by President Donald Trump. The bill included a ban-the-box law prohibiting federal agencies and federal contractors from asking job applicants about criminal convictions un...