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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 Fair Labor Standards Act (FLSA),” note Kristina H. Vaquera and Shaun M. Bennett in a
Effective July 1, 2021, Virginia joins the District of Columbia and many other states with paid leave for designated workers (Virginia’s Paid Sick Leave Law), home health workers in this case. Paid sick leave is compensated at the same hourly rate and with the same benefits, including healthcare benefits, as an employee normally earns during hours worked.
Statements made in a disciplinary action form that did not hold the requisite defamatory “sting” to the reputation of the plaintiff cannot support a defamation claim, and statements made during proceedings before the Virginia Employment Commission (VEC) are protected by absolute privilege and cannot form the basis of a defamation claim, the Supreme Court of Virginia has held.
Effective July 1, 2021, Virginia further expands the scope of the Virginia Human Rights Act (VHRA) to prohibit discrimination on the basis of disability. The state also enacted protections and benefits for domestic workers.
Given the current political trifecta (where democrats control both houses of the state legislature and the governorship), paid sick leave proponents had high hopes that Virginia would follow other states’ lead and pass legislation to mandate employers provide paid leave, particularly in light of the continuing COVID-19 pandemic. On
Beginning July 1, 2021, Virginia employers will be subject to new state overtime pay requirements. Virginia Governor Ralph Northam signed into law the Virginia Overtime Wage Act on March 31, 2021. Previously, Virginia had been content to rely on the overtime pay requirements of the federal Fair Labor Standards Act (FLSA).
Virginia has joined California as the second state to enact a comprehensive data privacy law. On March 2, 2021, Virginia Governor Ralph Northam signed the Virginia Consumer Data Protection Act (VCDPA) into law. The VCDPA does not go into effect until January 1, 2023, but the broad privacy mandate will
Historically, Virginia has not had a standalone overtime law, instead relying on the federal Fair Labor Standards Act (FLSA) to provide protections to employees who work more than 40 hours a week. But that will change on July 1, 2021. Continuing a pattern of legislative action that is quickly
On March 19, 2021, Governor Jim Justice signed legislation enacting a coronavirus liability shield law. Senate Bill 277, the COVID-19 Jobs Protection Act (“the Act”), is effective retroactively from January 1, 2020 and applies to any cause of action accruing on or after that date. The Act’s stated purpose
On Tuesday, March 2nd, Virginia Governor Ralph Northam signed into law the Consumer Data Protection Act (CDPA), officially joining California as the second state with a comprehensive consumer privacy law, intended to enhance privacy rights and consumer protection for state residents. We provide an in-depth analysis of the CDPA here,
Virginia may be the first state to follow California’s lead on consumer privacy legislation, but it certainly will not be the last. The International Association of Privacy Professionals (IAPP) observed, “State-Level momentum for comprehensive privacy bills is at an all-time high.” The IAPP maintains a map of state consumer privacy legislative activity, with
When the California Consumer Privacy Act of 2018 (CCPA) became law, it was only a matter of time before other states adopt their own statutes intended to enhance privacy rights and consumer protection for residents.
On January 27, 2021, Virginia Governor Ralph Northam announced that he had approved a Final Permanent Standard (Permanent Standard) for preventing COVID-19 in the workplace, making Virginia the first state in the nation to implement a permanent COVID-19 workplace safety and health standard. The Permanent Standard, which applies to
In July 2020, the Safety and Health Codes Board of the Virginia Department of Labor and Industry approved an emergency temporary standard for COVID-19. In so doing, Virginia became the first state to issue such a temporary standard. On January 13, 2021, the Virginia Safety and Health Codes Board enacted
Virginia has enacted the nation’s first permanent COVID-19 workplace safety and health standards, beginning Wednesday.
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