News & Analysis as of

Wage and Hour Employer Liability Issues Virginia

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

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

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

Jackson Lewis P.C.

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

Jackson Lewis P.C. on

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

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

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

PilieroMazza PLLC

A Decision Right Up an Employee’s Alley: Recent Virginia Federal Court Opinion Weakens Protections for Companies Utilizing...

PilieroMazza PLLC on

Government contractors and commercial businesses alike frequently retain consultants and independent contractors to perform certain types of work, particularly in the construction, healthcare, and information technology...more

Sands Anderson PC

New Virginia Laws Focused on Pandemic-Essential Industries

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Governor Northam recently signed into law a half dozen new employment laws affecting employers in the Commonwealth of Virginia. Among these new laws are two that, beginning on July 1, 2021, will provide new protections for...more

Jackson Lewis P.C.

Virginia’s New Overtime Law Authorizes Collective Actions

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Virginia employers are at increased risk of class action wage litigation following passage of the Virginia Overtime Wage Act. “Previously, Virginia had been content to rely on the overtime pay requirements of the federal...more

Kaufman & Canoles

Employment Law Update – Fall 2020

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Over the years, Virginia has been regarded as a somewhat employer-friendly state in terms of workplace regulation. Virginia courts afforded substantial protection against state law claims due to the at-will nature of most...more

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