Spring brought significant changes to Virginia’s employment law landscape. Virginia Governor Ralph Northam recently signed a series of new employee-centric laws, including the ones intended to fight against worker misclassification. Summary of new laws relating to misclassification Effective July 1, 2020, House Bill 984 enacts a new statute, Va. Code § 40.1-28.7:7, which creates a […]
Sweeping Changes to Virginia’s Employment Laws on the Horizon
On July 1, 2020, the Virginia Values Act (VVA) will become effective as law and introduce new legal protections designed to make the Commonwealth a more accepting workplace for all members of society. In doing so, the VVA is expected to produce a sweeping overhaul of employment discrimination litigation in Virginia by prohibiting employment discrimination […]
Covid-19 Article Resources
Webinar: Legal Issues with Bringing Employees Back to the office During the COVID-19 Era Do you know the legal implications of bringing your employees back to the office? Should employees be asked to waive liability to return to work? Can employers require an employee get the COVID-19 vaccine before returning to work? What should an […]
Update for Employers – Families First Coronavirus Response Act Now Law
On March 18, 2020, the Families First Coronavirus Response Act was signed into law and will become effective not later than 15 days later, April 1, 2020(FN1). There are some differences between what was ultimately passed and what was summarized in our early article from March 16, 2020. In particular, the Act still provides two […]
What Employers Need to Know About Families First Coronavirus Response Act
On Sat., March 14, 2020, the House passed a supplemental appropriations bill, H.R. 6201, providing for various economic measures to respond to the COVID-19 coronavirus outbreak. The Senate is expected to vote on the Bill as early as Monday night, and President Trump has expressed his support for the measures. If passed by the Senate […]
Pay Stub Requirement for Employers
Effective Jan. 1, employers in Virginia will be required to provide workers with a written, detailed pay stub on each regular pay date. Under the amended Virginia code § 40.1-29, on each regular pay date, employees must receive a pay stub in print or digital format that includes the employer’s name and address, the number of […]
The “Right of First Refusal” for Service Contract Incumbent Employees on Government Contracts is Rescinded
By Executive Order issued on October 31, 2019, President Trump repealed the Obama-era Executive Order (13495) requiring government contractors to offer a “right of first refusal” to qualified incumbent employees covered by the Service Contract Act. The Order, with the stated intent of improving Federal Contractor operations, became effective immediately. The Order includes an instruction […]
Trial Court Ruling Examines the Limits of the Virginia Uniform Trades Secrets Act in Prohibiting the Post-Employment Retention of Proprietary Information by a Former Employee
A Northern Virginia trial court recently held that the Virginia Uniform Trade Secrets Act, Va. Code § 59.1-336, et seq. (the “VUTSA”), did not prohibit a former employee from retaining trade secrets over the objection of her former employer when those trade secrets were acquired by proper means within the scope of employment and neither […]
DOL Finalizes New Overtime Rule
On Tuesday, September 24, 2019, the United States Department of Labor announced a final rule change on overtime requirements under the Fair Labor Standards Act (FLSA). Employers should be aware of this new rule, which takes effect on January 1, 2020. The new rule increases the earnings threshold required to qualify for a “white collar” […]