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Total Articles: 8

Virginia Responds to W-2 Phishing Scams with First of Its Kind Notification Requirement

As previously highlighted, in early February, the IRS issued a warning to all employers regarding the resurgence of a W-2 based cyber scam. Since the IRS warning, this type of scam has taken numerous victims.

The Funny Guy Case is No Laughing Matter: Virginia Supreme Court Applies Res Judicata in Rejecting Contract Claim

The Supreme Court of Virginia recently issued an opinion applying the principles of res judicata to affirm the dismissal of a contract claim. In The Funny Guy, LLC v. Lecego, LLC, No. 160242 (Feb. 16, 2017), the plaintiff filed a second lawsuit asserting alternative legal claims after its first lawsuit was dismissed. The court held that if alternative claims qualify for joinder under the “same transaction or occurrence” standard, they likewise constitute res judicata under Rule 1:6 of the Supreme Court of Virginia. This decision has significant implications for litigants in Virginia courts, especially in cases involving settlement agreements.

Virginia Governor Issues Executive Order to Combat Sexual Orientation and Gender Identity Discrimination Among State Contractors

Virginia law does not currently prohibit discrimination on the bases of sexual orientation or gender identity. However, as Governor Terry McAuliffe stated in a news release on January 5, 2017, “Starting today, the Commonwealth of Virginia will not do business with entities that discriminate based on sexual orientation or gender identity.” As a result, employers seeking to conduct business with the Commonwealth will now need to revamp their antidiscrimination policies to obtain procurement contracts valued at more than $10,000.

Virginia OSHA Errs in Drafting Injury and Illness Reporting Requirements

Federal OSHA’s Occupational Injury and Illness Recording and Reporting Requirements (effective January 1, 2015) require employers to report in-patient hospitalizations, amputations and loss of an eye within 24 hours.

Blocked: Managing Social Media at Work Under Virginia’s New Privacy Law

With social media pervading all facets of society (no less than 67 percent of Americans are regular users), businesses have long been concerned with their employees’ potentially detrimental social media activities. As these concerns proliferated among Virginia’s business community, many employers saw fit to demand access to their applicants’ and employees’ social media accounts. Privacy activists cried foul and, in response, Virginia joined dozens of other states last month by imposing limits on employer access to such accounts. This new law demands careful response by employers and those advising them.

State Employment Laws That Every Virginia Employer Should Know

Keeping track of the latest changes to federal employment laws, such as the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), and the Fair Labor Standards Act (FLSA), to name just a few, is hard enough. But employers sometimes forget that there are also specific state laws, some of which differ significantly from federal laws that can land them in just as much trouble for noncompliance.

New Law Restricts Employer Access to Employee Social Media Accounts, Including Through “Friend Requests”

On March 23, 2015, Virginia Governor Terry McAuliffe signed a new law, H.B. 2081, that restricts the ability of employers in Virginia to access the social media accounts of current and prospective employees—making Virginia the nineteenth state to enact such legislation. The other 18 states include Arkansas, California, Colorado, Illinois, Louisiana, Maryland, Michigan, Nevada, New Hampshire, New Jersey, New Mexico, Oklahoma, Oregon, Rhode Island, Tennessee, Utah, Washington, and Wisconsin.

Ferreting Out the Frauds: a Virginia Court Orders Yelp To Identify Anonymous Users

Social media is widely used in the hospitality industry for everything from promoting sales to recruiting new talent. Facebook, Twitter, Pinterest, Foursquare, and a number of other sites provide hoteliers and restaurateurs with nearly limitless access to local, national, and international audiences.
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