Articles Discussing General Topics In Virginia Labor & Employment Law.

Virginia’s legislation raising the hourly minimum wage has cleared its final hurdle and is set to take effect on May 1, 2021.

On April 22, 2020, during a special legislative session, the Virginia General Assembly voted to approve Governor Ralph Northam’s proposed amendment to a bill that will increase the Commonwealth’s minimum wage to $12.00 per hour by January 1, 2023.

The General Assembly of Virginia has passed legislation to raise the minimum wage in stages to arrive at $15.00 an hour by 2026. Once the General Assembly passes Governor Ralph Northam’s amendments (pushing back the original enactment date), employers must start increasing employees’ minimum wages beginning May 1, 2021.

On April 15, 2020, Virginia Governor Ralph Northam extended Executive Order 53, which imposes restrictions on nonessential retail businesses during the COVID-19 pandemic, for an additional two weeks. In a press briefing, the governor explained that statistical modeling from the University of Virginia indicates that the number of COVID-19 cases in the state is expected to peak in late April or early May, and that lifting social distancing requirements too early could result in a second spike in the outbreak. As a result, Executive Order 53, which was previously set to expire on April 23, will now be in effect until May 8, 2020 (though it is certainly possible that the governor could further extend the Order beyond this date).

When the Democrats took control of the General Assembly in addition to the governorship in the November 2019 election, many predicted an expansion of workers’ rights. That prediction was realized with the 2020 Virginia General Assembly session. This included the recent passage and enactment of four bills that grant new protections to workers in the private and public sector on matters of discrimination, whistleblowing, contractual rights, and compensation.

Employee misclassification is the focus of three new laws that passed in the Virginia General Assembly during its 2020 Session and signed by the Governor. One creates a private cause of action. Another prohibits retaliation against employees. The third gives investigative authority to the Department of Taxation and prohibits certain misclassification agreements.

Virginia has enacted a series of new laws that continue to redefine the employment landscape in the state. In addition to the Virginia Values Act, which fundamentally changes the legal rights and remedies available to employees who sue their employers under the Virginia Human Rights Act, a new comprehensive whistleblower protection law, a contractor misclassification law that presumes employment status, Governor Ralph Northam signed new laws significantly altering the framework of unpaid wages, restrictive covenants, and even the handling of marijuana offenses in Virginia.

Clarifying months of confusion, the Virginia General Assembly has passed HB 689, effective July 1, 2020, requiring employers in Virginia to report on employees’ wage statements the number of hours worked during the pay period if the employee is paid on the basis of (i) the number of hours worked or (ii) a salary that is less than the standard salary level adopted by regulation of the U.S. Department of Labor (DOL) pursuant to the federal Fair Labor Standards Act (FLSA).

Virginia Governor Ralph Northam has signed a comprehensive whistleblower protection law, the first of its kind for Virginia. The Whistleblower Law becomes effective on July 1, 2020.

Effective July 1, 2020, the Virginia Values Act expands the scope of the Virginia Human Rights Act to prohibit discrimination in employment and housing on the basis of sexual orientation and gender identity. The new law also fundamentally changes the legal rights and remedies available to employees who sue their employers under the Human Rights Act.

On March 30, 2020, Virginia Governor Ralph Northam issued Executive Order Number 55, “Temporary Stay at Home Order Due to Novel Coronavirus (COVID-19).”

On March 30, 2020, Virginia Governor Ralph Northam issued Executive Order 55, which incrementally increases the restrictions previously placed on Virginia businesses and residents in response to the current COVID-19 crisis.

Executive Summary: As the COVID-19 outbreak continues to affect business around the country, Virginia Governor Ralph Northam issued Executive Order Fifty-Five on Monday, March 30, 2020, ordering all Virginians to stay at their place of residence unless leaving their homes to obtain food, supplies, or medical care, or for exercise. Governor Northam’s Order does not rescind or affect Executive Order Fifty-Three, issued on March 23, 2020, which ordered the closure of all non-essential businesses, nor does it apply to gatherings of family members living in the same residence. This Order took immediate effect on March 30, 2020, and will extend until June 10, 2020, unless rescinded by subsequent order.

Virginia has joined the ever-expanding number of states to introduce proposed legislation that would permit student-athletes to benefit from the marketing of their name, image and likeness. In fact, three individual bills have been introduced for consideration by the 2020 General Assembly, all of which would allow collegiate athletes to

In response to the coronavirus (COVID-19) pandemic, Virginia Governor Ralph Northam recently issued an executive order closing all K-12 schools through the end of the school year and temporarily closing or restricting public-access areas in non-essential businesses. The EO also limited daycare operations to groups no larger than 10 and encouraged daycare space to be prioritized for all essential personnel with daycare needs.