Virginia

Summary: On March 23, 2020, the Virginia Governor Ralph Northam issued Executive Order Fifty-Three, which orders the closure of certain non-essential businesses, bans all gatherings of more than 10 people, and closes all K-12 schools for the remainder of the school year. Governor Northam has also ur

On March 4, 2020, Virginia Governor Ralph Northam signed HB 1514/SB 50 into law, which expands the Virginia Human Rights Act’s definition of racial discrimination to include traits historically associated with race, including hair texture, hair type, and protective hairstyles. Virginia’s law will be

Virginia has become the fourth state (joining California, New Jersey, and New York) to define racial discrimination to include traits historically associated with race, such as hairstyles. The new Virginia law will go into effect on July 1, 2020.

The Virginia Department of Labor and Industry (DOLI) has clarified that the requirement to provide employees with a detailed, written statement for each regular pay date applies to all employees, regardless of whether they are exempt or non-exempt.

In the November 2019 election Virginia gained a Democratic “trifecta”—both legislative chambers and the governorship are now controlled by one political party. It has been over two decades since Democratic lawmakers constituted the majority in the Commonwealth. What will this mean for Virginia emplo

A new Virginia statute limits employers’ use of nondisclosure and confidentiality agreements with respect to “sexual assault” as a condition of employment.

Virginia Governor Ralph Northam’s Inter-Agency Taskforce on Worker Misclassification and Payroll Fraud has offered 11 recommendations in its report on employee misclassification.

Beginning January 1, 2020, employers in Virginia must provide paystubs to employees on “each regular pay date.”

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

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.

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

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.

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 h

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.

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 w

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 laws

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 answe

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.

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

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