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Employer Liability Issues Virginia

Spilman Thomas & Battle, PLLC

SuperVision - Labor & Employment Law Insights, Issue 2, August 2025

Welcome to our latest issue of SuperVision. In this edition, we cover the latest Supreme Court ruling regarding reverse discrimination, navigating lawful DEI approaches, recent trends in unionizing efforts, and the new...more

Woods Rogers

Workplace Sexual Assault and Third-Party Risk: What’s the Tea in L&E?

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In this episode of What’s the Tea in L&E, Labor & Employment attorney Raven Burks joins host Leah Stiegler to unpack risks that all employers have when dealing with a sexual assault in the workplace to another employee or...more

Littler

2025 Session of the Virginia General Assembly Roundup

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Expansion of Restrictions on Non-Compete Agreements for “Low-Wage” Employees - Virginia already prohibits employers from entering into, enforcing, or threatening to enforce non-compete agreements against “low-wage...more

Kaufman & Canoles

[Event] Employment Law Symposium - August 28th, Richmond, VA

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Navigate the ever-changing employment law circus at our Richmond Employment Law Symposium. As legal rules continue to shift like contortionists, employers need practical strategies to stay compliant. The K&C Employment Law...more

Cozen O'Connor

Virginia Viewpoint: Executive Edits

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When the General Assembly reconvenes in Richmond next week, legislators will face a staggeringly full agenda. Ahead of Monday's 11:59 PM deadline, Governor Youngkin acted on more than 900 bills — vetoing 157, amending 159,...more

Fisher Phillips

Virginia Lawmakers Pass AI Discrimination Law, But Will the Governor Approve? What Employers Need to Know

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Virginia lawmakers just passed a groundbreaking AI anti-discrimination bill, setting the stage for new workplace compliance obligations – but that’s only if Gov. Glenn Youngkin signs it into law. Following the lead of...more

Woods Rogers

Getting Sued for Using Photos of Employees

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Are you a Virginia business that uses employee photos to promote your organization or improve employee morale? Virginia Statute 8.01-40 provides a civil action for the unauthorized use of the name, portrait or picture of any...more

Lerch, Early & Brewer

Virginia Employers Must Now Give Leave for Organ and Bone Marrow Donation

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Time to update your Virginia employee handbook? Don’t forget about organ/bone marrow donation leave. Effective July 1, 2023, Virginia employers with 50 or more employees must provide an eligible employee with job protected...more

Troutman Pepper Locke

EDVA Judges Wade Into Circuit Split Over Certifying FLSA Collective Actions

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In an August 11 decision, Judge Henry Hudson of the EDVA conditionally certified a class of food service workers employed by a federal contractor at Fort Pickett who sued for unpaid overtime pay under the Fair Labor Standards...more

McGuireWoods LLP

Virginia Court Holds School Board Immune Virginia Human Rights Act Claims

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On June 13, 2023, the City of Norfolk Circuit Court held in Jordan v. Sch. Bd. of the City of Norfolk that sovereign immunity bars a plaintiff’s claims against the Norfolk City School Board for allegedly violating the...more

Spilman Thomas & Battle, PLLC

For Virginia Employers: Employment Law Changes Effective July 1, 2023

On July 1, 2023, laws that were passed by the General Assembly and signed into law by Governor Glenn Younkin become effective in Virginia. In the most recent legislative session, a number of new employment laws were passed...more

Spilman Thomas & Battle, PLLC

SuperVision - Labor and Employment Law Insights, Issue 2, June 2023

Considerations for Employing AI in the Workplace - What is workplace artificial intelligence or AI? In its simplest form, AI in the workplace is the use of technology or software to monitor employees’ work performance,...more

FordHarrison

Virginia Employment Law Update: Important Changes Effective July 1, 2023

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Executive Summary: Three new Virginia employment laws become effective July 1, 2023, and Virginia employers must understand and comply with these new rules. Virginia employers will need to update employee handbooks and...more

Jackson Lewis P.C.

Virginia Passes Legislation Prohibiting the Use of Employees’ Social Security Numbers as Identifiers

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On March 21, 2023, Virginia’s governor approved Senate Bill 1040, which prohibits an employer from using an employee’s social security number or any derivative as an employee’s identification number. The bill also prohibits...more

Woods Rogers

New Federal Laws Strengthen Protections for Pregnant and Postpartum Workers

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In December 2022, Congress enacted two new federal laws that protect employees and applicants who are pregnant or postpartum: the Pregnant Workers Fairness Act (PWFA) and the Providing Urgent Maternal Protections for Nursing...more

Ballard Spahr LLP

Bill Proposed in Virginia to Permit Remote Work

Ballard Spahr LLP on

On January 17, 2023, House Bill No 2389 was offered to re-enact sections 6.2-1600 (Definitions) and 6.2-1607 (Licenses; places of business; changes) of the Code of Virginia with proposed amendments that would permit employees...more

Woods Rogers

Worker Misclassification: Getting Right with the IRS

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About a year ago, I wrote an article on Virginia’s new initiative to address worker misclassification regarding employment and income taxes. The Virginia program is an enforcement initiative backed by substantial penalties....more

Sands Anderson PC

Sovereign Immunity Shields the Commonwealth from Virginia Human Rights Act Claims

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It’s good to be the King. That is, it’s good to be the Commonwealth of Virginia or one of its political subdivisions (i.e., state agencies, counties, cities, incorporated towns, school divisions, and more) when it comes to...more

Sands Anderson PC

New Virginia Employment Laws Taking Effect Today

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Today—July 1, 2022—marks the effective date for a handful of new Virginia laws that public and private employers should note.  Given that the General Assembly was divided this year, with the Republicans in charge of the House...more

Woods Rogers

Cleaning Up Its Mess – the Virginia Assembly Ditches Virginia’s Overtime Wage Act

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Well, that was fun! Last year, on July 1, 2021, the Virginia Overtime Wage Act (VOWA) went into effect, causing significant headaches for Virginia employers because it differed starkly from the federal Fair Labor Standards...more

FordHarrison

Virginia Repeals Permanent COVID-19 Workplace Safety Standard

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Executive Summary: In response to Virginia Governor Glenn Youngkin’s Executive Order 6, the Virginia Department of Labor and Industry’s Safety and Health Codes Board (“VSHCB”) voted to rescind Virginia’s permanent COVID-19...more

Sands Anderson PC

Virginia Overtime Wage Act Amended to Help Public Employers and Various Private Industries During Special Session

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Yesterday, the Virginia General Assembly adopted the following language to the Governor’s budget appropriations bill, HB 7001, which quickly amends the ambiguous Virginia Overtime Wage Act (VOWA), which—since its passage and...more

Constangy, Brooks, Smith & Prophete, LLP

Virginia Is For Lovers . . . Of Overtime Litigation

The Virginia Department of Labor and Industry recently released a set of Frequently Asked Questions to help clarify the Virginia Overtime Wage Act, which was signed into law by Gov. Ralph Northam (D) on March 31. The Overtime...more

Epstein Becker & Green

Virginia Updates Overtime Law

Effective July 1, 2021, Virginia employers must ensure that their pay practices comply with a new stand-alone overtime law called the Virginia Overtime Wage Act (“VOWA”). VOWA largely tracks the federal Fair Labor Standards...more

Sands Anderson PC

Virginia Wage Overtime Act: Ambiguities Astound Employers

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As Virginia employers prepare for the new Virginia Overtime Wage Act (VOWA), ambiguities found in the act demand attention from employers, both private and public. We previously summarized the basics of the act here, but as...more

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