A new Virginia statute limits employers’ use of nondisclosure and confidentiality agreements with respect to “sexual assault” as a condition of employment.
Articles About Virginia Labor And Employment Law.
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.
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.
Virginia Supreme Court Refuses to Expand Bowman Doctrine for Wrongful Termination of an At-Will Employee
Executive Summary: In Bowman v. State Bank of Keysville, the Virginia Supreme Court first recognized an exception to the employment at-will doctrine based upon an employer’s violation of public policy in the discharge of an employee. In subsequent cases dealing with the Bowman exception, the Court has consistently characterized such exceptions as “narrow.” In its recent opinion in Francis v. National Accrediting Commission of Career Arts & Sciences, Inc., a case handled by FordHarrison attorneys, the Court again limited the ability of plaintiffs to rely on Bowman to bring a wrongful discharge claim.
Virginia Responds to W-2 Phishing Scams with First of Its Kind Notification Requirement
As previously highlighted, in early February, the IRS issued a warning to all employers regarding the resurgence of a W-2 based cyber scam. Since the IRS warning, this type of scam has taken numerous victims.
Virginia Supreme Court Denies Expansion of Public Policy Exception for Wrongful Termination Claims
The Supreme Court of Virginia, in Francis v. National Accrediting Commission of Career Arts & Sciences, Inc., No. 160267 (Feb. 23, 2017), reaffirmed that the public policy exception to Virginia’s employment at-will doctrine is a narrow one. In Francis, the court held that to state a valid claim of wrongful termination based on public policy, an employee must allege either that the termination itself violated the public policy stated in the relevant statute, or that the employer prevented the employee from exercising statutory rights.
The Funny Guy Case is No Laughing Matter: Virginia Supreme Court Applies Res Judicata in Rejecting Contract Claim
The Supreme Court of Virginia recently issued an opinion applying the principles of res judicata to affirm the dismissal of a contract claim. In The Funny Guy, LLC v. Lecego, LLC, No. 160242 (Feb. 16, 2017), the plaintiff filed a second lawsuit asserting alternative legal claims after its first lawsuit was dismissed. The court held that if alternative claims qualify for joinder under the “same transaction or occurrence” standard, they likewise constitute res judicata under Rule 1:6 of the Supreme Court of Virginia. This decision has significant implications for litigants in Virginia courts, especially in cases involving settlement agreements.
Amorphous No More – Virginia Defines “Reasonable Notice” of Termination as “Effectual Notice” in the At-Will Employment Context
The Supreme Court of Virginia, in Johnston v. William E. Wood & Associates, Inc., No. 151160 (June 2, 2016), recently answered the question of what constitutes “reasonable notice” for terminating an at-will employee. The question has been an open one for over 100 years in Virginia. The court’s answer: Reasonable notice is “effectual notice,” and can be immediate, such as when an employer tells an employee that her employment is terminated “effective immediately.” In rendering this decision, the court reinforced the Commonwealth’s strong adherence to the traditional employment-at-will doctrine, and further buttressed its reputation as “employer-friendly.”
Virginia OSHA Errs in Drafting Injury and Illness Reporting Requirements
Federal OSHA’s Occupational Injury and Illness Recording and Reporting Requirements (effective January 1, 2015) require employers to report in-patient hospitalizations, amputations and loss of an eye within 24 hours.
Virginia Limits Employer Access to Social Media Accounts of Employees and Applicants
Effective July 1, 2015, employers in Virginia will be prohibited from requiring, requesting, or causing a current or prospective employee to disclose the username and password to the individual’s social media account. The new law, signed by Governor Terry McAuliffe on March 23, 2015, also prohibits employers from requiring an employee to add another employee, a supervisor, or an administrator to the list or contacts associated with the individual’s social media account or changing the privacy settings.
Virginia’s Password Protection Law Continues the Trend Toward Increasing Legislative Protection of Personal Online Accounts
As many state legislatures open their 2015 sessions, Virginia has become the first this year — and most likely not the last — to continue the legislative trend towards protecting applicants’ and employees’ personal online accounts. As the 19th state to enact password protection legislation, Virginia has added even more complexity to the patchwork of state law restrictions on such access.1 Governor Terry McAuliffe signed H.B. 2081 into law on March 23, 2015, and the new law becomes effective on July 1, 2015.