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 confidentiality agreements, as well as change certain personnel practices to address these new state requirements.
Articles Discussing General Topics In Virginia Labor & Employment Law.
Virginia Passes a Handful of New Employment Laws
Yvette V. Gatling, G. Bethany Ingle, Lauren M. Bridenbaugh and Laura A. Saracina discuss some employment-related bills that were enacted by the Virginia legislature this term.
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Virginia Law Mandating Unpaid Organ Donor Leave Goes Into Effect July 2023
Virginia Governor Glenn Youngkin signed a law on April 12, 2023 mandating employers provide unpaid organ donor leave. When the law goes into effect on July 1, 2023, Virginia will join nearly 20 other states that require employers to provide medical donor leave.
Under the new law, Virginia employers with
Virginia’s Legislative Session Concludes with a Handful of New Employment Laws
The 2023 Virginia legislative session closed last month with substantially less activity than we have seen in recent years, in light of the politically divided government in the Commonwealth. The following briefly describes some employment-related bills that were enacted this term.
Use of Employee Social Security Numbers
Virginia Passes Legislation Prohibiting the Use of Employees’ Social Security Numbers as Identifiers
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 including an employee’s social security number or any number derived from the social security number on any
Virginia’s Consumer Data Protection Act is not the only Privacy and Data Protection Law in the Commonwealth
On January 1, 2023, Virginia’s Consumer Data Protection Act (CPDA) takes effect. Key features of the CPDA include expansive consumer privacy rights (right to access, right of rectification, right to delete, right to opt-out, right of portability, right against automatic decision making), a broad definition of “personal information”, the inclusion
Virginia Education Department Releases New Model Policies on Treatment of Student Gender Identity
The Virginia Department of Education issued new 2022 Model Policies pursuant to Virginia School Code § 22.1-23.3 that reverse the 2021 Model Policies.
New Paid Family Leave Laws Sprout in Maryland, District of Columbia, Virginia Region
Both Maryland and Virginia have joined the District of Columbia in enacting laws relating to paid family and medical leave for private-sector workers.
Déjà Vu: Virginia Returns to FLSA Overtime Standards
Overtime standards in Virginia will return to federal standards beginning July 1, 2022.
Virginia Realigns Overtime Requirement with Federal FLSA
Virginia, historically reliant on the federal Fair Labor Standards Act (FLSA) to govern overtime obligations, passed its first stand-alone overtime law in March 2021. The Virginia Overtime Wage Act (VOWA),1 went into effect on July 1, 2021, amidst wide-spread confusion among Commonwealth employers over the law’s requirements. While Virginia’s Department of Labor
Virginia Rescinds its COVID-19 Standard
Nearly two years after enacting the first-in-the-nation permanent COVID-19 workplace safety and health standard,1 the Virginia Safety and Health Codes Board (the “Board”) has voted to rescind its COVID-19 standard. The revocation is expected to be effective on March 23, 2022.
Virginia Repeals Workplace COVID-19 Standard, Replaces It With Guidance
Virginia has repealed its first-in-the-nation standard on COVID-19 in the workplace.
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Virginia Drafts COVID-19 Guidance As It Mulls Eliminating Standard
Virginia has drafted workplace guidance in the event it strikes down its first-in-the-nation COVID-19 standard.
Virginia’s Republican Lawmakers Seek to Reverse State’s Overtime Wage Act
In March 2021, then-Governor Ralph Northam (D), backed by a full Democratic majority in the General Assembly (Virginia’s legislative body), signed the Virginia Overtime Wage Act, greatly expanding the State’s overtime requirements effective July 1, 2021. Prior to the Act, Virginia adopted the overtime requirements of the federal Fair Labor
Virginia Expands Housing, Employment Protections for Military Members
A new Virginia law expands the state’s prohibitions on discrimination in residential real estate transactions and in employment against military members.