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Virginia Employer Liability Issues

Woods Rogers

Getting Sued for Using Photos of Employees

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Are you a Virginia business that uses employee photos to promote your organization or improve employee morale? Virginia Statute 8.01-40 provides a civil action for the unauthorized use of the name, portrait or picture of any...more

Lerch, Early & Brewer

Virginia Employers Must Now Give Leave for Organ and Bone Marrow Donation

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Time to update your Virginia employee handbook? Don’t forget about organ/bone marrow donation leave. Effective July 1, 2023, Virginia employers with 50 or more employees must provide an eligible employee with job protected...more

Troutman Pepper

EDVA Judges Wade Into Circuit Split Over Certifying FLSA Collective Actions

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In an August 11 decision, Judge Henry Hudson of the EDVA conditionally certified a class of food service workers employed by a federal contractor at Fort Pickett who sued for unpaid overtime pay under the Fair Labor Standards...more

McGuireWoods LLP

Virginia Court Holds School Board Immune Virginia Human Rights Act Claims

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On June 13, 2023, the City of Norfolk Circuit Court held in Jordan v. Sch. Bd. of the City of Norfolk that sovereign immunity bars a plaintiff’s claims against the Norfolk City School Board for allegedly violating the...more

Spilman Thomas & Battle, PLLC

For Virginia Employers: Employment Law Changes Effective July 1, 2023

On July 1, 2023, laws that were passed by the General Assembly and signed into law by Governor Glenn Younkin become effective in Virginia. In the most recent legislative session, a number of new employment laws were passed...more

Spilman Thomas & Battle, PLLC

SuperVision - Labor and Employment Law Insights, Issue 2, June 2023

Considerations for Employing AI in the Workplace - What is workplace artificial intelligence or AI? In its simplest form, AI in the workplace is the use of technology or software to monitor employees’ work performance,...more

FordHarrison

Virginia Employment Law Update: Important Changes Effective July 1, 2023

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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...more

Jackson Lewis P.C.

Virginia Passes Legislation Prohibiting the Use of Employees’ Social Security Numbers as Identifiers

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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...more

Woods Rogers

New Federal Laws Strengthen Protections for Pregnant and Postpartum Workers

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In December 2022, Congress enacted two new federal laws that protect employees and applicants who are pregnant or postpartum: the Pregnant Workers Fairness Act (PWFA) and the Providing Urgent Maternal Protections for Nursing...more

Ballard Spahr LLP

Bill Proposed in Virginia to Permit Remote Work

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On January 17, 2023, House Bill No 2389 was offered to re-enact sections 6.2-1600 (Definitions) and 6.2-1607 (Licenses; places of business; changes) of the Code of Virginia with proposed amendments that would permit employees...more

Woods Rogers

Worker Misclassification: Getting Right with the IRS

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About a year ago, I wrote an article on Virginia’s new initiative to address worker misclassification regarding employment and income taxes. The Virginia program is an enforcement initiative backed by substantial penalties....more

Sands Anderson PC

Sovereign Immunity Shields the Commonwealth from Virginia Human Rights Act Claims

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It’s good to be the King. That is, it’s good to be the Commonwealth of Virginia or one of its political subdivisions (i.e., state agencies, counties, cities, incorporated towns, school divisions, and more) when it comes to...more

Sands Anderson PC

New Virginia Employment Laws Taking Effect Today

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Today—July 1, 2022—marks the effective date for a handful of new Virginia laws that public and private employers should note.  Given that the General Assembly was divided this year, with the Republicans in charge of the House...more

Woods Rogers

Cleaning Up Its Mess – the Virginia Assembly Ditches Virginia’s Overtime Wage Act

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Well, that was fun! Last year, on July 1, 2021, the Virginia Overtime Wage Act (VOWA) went into effect, causing significant headaches for Virginia employers because it differed starkly from the federal Fair Labor Standards...more

FordHarrison

Virginia Repeals Permanent COVID-19 Workplace Safety Standard

FordHarrison on

Executive Summary: In response to Virginia Governor Glenn Youngkin’s Executive Order 6, the Virginia Department of Labor and Industry’s Safety and Health Codes Board (“VSHCB”) voted to rescind Virginia’s permanent COVID-19...more

Sands Anderson PC

Virginia Overtime Wage Act Amended to Help Public Employers and Various Private Industries During Special Session

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Yesterday, the Virginia General Assembly adopted the following language to the Governor’s budget appropriations bill, HB 7001, which quickly amends the ambiguous Virginia Overtime Wage Act (VOWA), which—since its passage and...more

Constangy, Brooks, Smith & Prophete, LLP

Virginia Is For Lovers . . . Of Overtime Litigation

The Virginia Department of Labor and Industry recently released a set of Frequently Asked Questions to help clarify the Virginia Overtime Wage Act, which was signed into law by Gov. Ralph Northam (D) on March 31. The Overtime...more

Epstein Becker & Green

Virginia Updates Overtime Law

Effective July 1, 2021, Virginia employers must ensure that their pay practices comply with a new stand-alone overtime law called the Virginia Overtime Wage Act (“VOWA”). VOWA largely tracks the federal Fair Labor Standards...more

Sands Anderson PC

Virginia Wage Overtime Act: Ambiguities Astound Employers

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As Virginia employers prepare for the new Virginia Overtime Wage Act (VOWA), ambiguities found in the act demand attention from employers, both private and public. We previously summarized the basics of the act here, but as...more

PilieroMazza PLLC

A Decision Right Up an Employee’s Alley: Recent Virginia Federal Court Opinion Weakens Protections for Companies Utilizing...

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Government contractors and commercial businesses alike frequently retain consultants and independent contractors to perform certain types of work, particularly in the construction, healthcare, and information technology...more

Sands Anderson PC

New Virginia Laws Focused on Pandemic-Essential Industries

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Governor Northam recently signed into law a half dozen new employment laws affecting employers in the Commonwealth of Virginia. Among these new laws are two that, beginning on July 1, 2021, will provide new protections for...more

Jackson Lewis P.C.

Virginia’s New Overtime Law Authorizes Collective Actions

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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...more

Proskauer - Law and the Workplace

Virginia Becomes First State To Pass Permanent Workplace Coronavirus Rules

Quick Hit - As we previously reported, Virginia became the first state to issue mandatory COVID-19 workplace safety rules via an emergency temporary standard (“ETS”) executed on July 15, 2020. The temporary standard...more

Epstein Becker & Green

Virginia Passes Permanent COVID-19 Employee Health and Safety Requirements

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Last summer, we reported on Virginia’s adoption of an “Emergency Temporary Standard for Infection Disease Prevention: SARS-CoV-2 Virus That Causes COVID-19” (the “Temporary Standard”), which made Virginia the first state to...more

PilieroMazza PLLC

Virginia Companies Required to Update Handbooks and Workplace Policies: Pregnancy Discrimination Updates and More

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Effective October 29, 2020, Virginia employers must update their handbooks to reflect new state requirements regarding pregnancy discrimination, according to a recent law. The law adds posting requirements and is one of...more

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