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Virginia Clarifies New Requirement for Wage Payment Statements Applies to All Employees

The Virginia Department of Labor and Industry (DOLI) 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 non-exempt.

How Might Virginia’s New Legislative Trifecta Affect Employers in the Commonwealth in 2020?

In the November 2019 election Virginia gained a Democratic “trifecta”—both legislative chambers and the governorship are now controlled by one political party. It has been over two decades since Democratic lawmakers constituted the majority in the Commonwealth. What will this mean for Virginia employers during the coming year?

Virginia’s New Restrictions on Nondisclosure, Confidentiality Agreements Affect the Workplace

A new Virginia statute limits employers’ use of nondisclosure and confidentiality agreements with respect to “sexual assault” as a condition of employment.

Virginia Task Force Releases Recommendations to Address Worker Misclassification

Virginia Governor Ralph Northam’s Inter-Agency Taskforce on Worker Misclassification and Payroll Fraud has offered 11 recommendations in its report on employee misclassification.

New Virginia Amendment Requires Employers to Produce Certain Employment Documents

On March 21, 2019, Virginia Governor Ralph Northam approved an amendment and reenactment of Virginia Code § 8.01-413.1. The amendment requires employers to produce certain employment documents upon receipt of a written request from a current or former employee or employee’s attorney and awards possible damages to the employee if the employer fails to do so within the prescribed timeframe. Since the amendment became effective on July 1, 2019, Virginia employers are seeing an uptick in requests for the applicable documents.

Change to Virginia Wage Payment Statements on the Horizon

Beginning January 1, 2020, employers in Virginia must provide paystubs to employees on “each regular pay date.”

Virginia Employers Required to Provide Copies of Employment Records Upon Written Request

On July 1, 2019, a new amendment to Virginia Code Section 8.01-413.1 will take effect. For the first time, all Virginia employers will be required to provide copies of employment records to employees upon written request. Records reflecting dates of employment, wages or salary during employment, job description and job title and any injuries sustained by the employee during employment must now be provided within 30 days of receipt of a written request from the employee, current or former, or the employee’s attorney.

Virginia Attempts, Maryland Succeeds, in Limiting Non-Competes For Low-Wage Employees

In numerous states throughout the country, legislatures are moving to limit the use and enforcement of non-compete and other restrictive covenant agreements. Two such states, Maryland and Virginia, are seeking to curtail such agreements with regard to low-wage employees.

Virginia Updates its Data Breach Notification Law to Include Tax Preparers

For the second consecutive year Virginia has amended its data breach notification law. In March 2017, in light of a warning issued by the IRS to all employers regarding the resurgence of a W-2 based cyber scam, Virginia Governor Terry McAuliffe approved, a first of its kind, amendment to Virginia’s data breach notification statute. The amendment required employers and payroll service providers to notify the Virginia Office of the Attorney General of “unauthorized access and acquisition of unencrypted computerized data containing a taxpayer identification number in combination with the income tax withheld for an individual”.

Virginia Uniform Trade Secrets Act Prohibits Improper Acquisition of Trade Secrets, Regardless of Subsequent Use

Misappropriation of trade secrets claims can sometimes be difficult to sustain. While evidence of the taking of a trade secret may be available, evidence of its subsequent use may not.
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