Virginia has taken a step closer to becoming the second state (after Colorado) to enact comprehensive legislation addressing discrimination stemming from the use of artificial intelligence (AI), with the states taking different approaches to this emerging regulatory challenge. On February 12, 2025, the Virginia state senate passed the High-Risk Artificial
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Employment and Labor Issues for Higher Education Institutions in Virginia: Employment Law Update
This session will provide an in-depth discussion of recent employment law developments and updates in 2024 impacting higher education institutions. We will discuss education-specific matters and compliance issues such as compensation, discrimination, accommodation and tenure, and how they may impact colleges and universities.
Virginia’s 2024 Legislative Session Sees Few Employment Bills Passed and Record Vetoes
The Virginia General Assembly and Governor Glenn Youngkin enacted several bills taking effect on July 1, 2024, to (1) clarify the scope and administrative requirements of the Virginia Human Rights Act, (2) clarify the scope of employee protections and employer rights related to the use of cannabis oil, and (3)
Virginia Employment Law Update: Important Changes Effective July 1, 2023
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.
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’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 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 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 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.
Virginia Introduces Prevailing Wage Requirements, Modifies Wage Theft Statute
Virginia has adopted a prevailing wage statute and amended its Wage Theft Law. Contractors risk significant liability and penalties for noncompliance.
Virginia OSHA Issues Third Iteration of its Emergency COVID-19 Regulation
On August 26, 2021, the Virginia Safety and Health Codes Board adopted revised amendments to the Final Permanent Standard for Infectious Disease Prevention of the SARS-CoV-2 Virus That Causes COVID-19 (the Final Permanent Standard). Governor Ralph Northam then proposed an additional amendment, which the Board adopted as well. As