Virginia

TakeawaysEffective 07.01.25, a new amendment to Virginia’s non-compete law expands the definition of “low-wage” employees to include employees classified as non-exempt under the FLSA. The new definition will not apply retroactively to existing agreements. Employers should audit their employee classi

Beginning July 1, 2025, Virginia will provide even more protection to workers against the enforcement of noncompete agreements. Since 2020, Virginia law has prohibited employers from entering into, enforcing, or threatening to enforce a covenant not to compete against a “low-wage employee” (currentl

On March 24, 2025, Virginia’s Governor vetoed House Bill (HB) 2094, known as the High-Risk Artificial Intelligence Developer and Deployer Act. This bill

Virginia Governor Glenn Youngkin has vetoed House Bill (HB) No. 2094 , a bill that would have created a new regulatory framework for businesses that develop or use “high-risk” artificial intelligence (AI) systems in the Commonwealth. The High-Risk Artificial Intelligence Developer and Deployer Act (

Effective July 1, 2025, hospitals in Virginia will be required to establish a workplace violence incident reporting system pursuant to House Bill 2269 . The system must “document, track, and analyze any incident of workplace violence reported” and the results must be used to “make improvements in pr

On March 24, 2025, Governor Glenn Youngkin signed into law legislation that amends the threshold compensation level of a “low-wage employee” with whom the Commonwealth restricts employers from entering into agreements not to compete. Virginia currently prohibits employers from entering into, enforci

On March 7, 2025, Virginia’s General Assembly passed House Bill (HB) 1919 , requiring by January 1, 2027, any Virginia employer of one hundred or more employees to develop, implement, and maintain a workplace violence policy. The bill is currently awaiting Governor Glenn Youngkin’s signature.

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,

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

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 o

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 addr

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. SHRM Online View (Subscription required.)

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 S

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.

Overtime standards in Virginia will return to federal standards beginning July 1, 2022.

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 o

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 has drafted workplace guidance in the event it strikes down its first-in-the-nation COVID-19 standard.

A new Virginia law expands the state’s prohibitions on discrimination in residential real estate transactions and in employment against military members.

Virginia has adopted a prevailing wage statute and amended its Wage Theft Law. Contractors risk significant liability and penalties for noncompliance.