Employment Law Updates

In previous blogs we have discussed in detail some of the many new employment laws enacted in the Virginia General Assembly’s 2020 session. Here is a reminder of some of those laws that will go into effect July 1.

  • Va. Code § 40.1-29(C) requires pay statements to clearly reflect the number of hours worked if the employee is paid either on an hourly basis or based on a salary that does not meet the salary level threshold for an exempt employee under the FLSA.
  • Va. Code § 40.1-28.7:7 prohibits employers from imposing covenants not to compete on “low-wage employees.” As of July 1, “low wage” will be $1,137 per week, an amount which can vary each year. Employers must post either a copy of the new law or a summary approved by the Virginia Department of Labor and Industry where other state and federal laws are required to be posted, and can be subject to penalties for failure to do so. The Department has not yet issued the poster, so in the meantime employers should post a copy of the law that can be found on the General Assembly’s website at https://lis.virginia.gov/cgi-bin/legp604.exe?201+ful+CHAP0948.
  • Va. Code § 19.2-389.3 prohibits employers from requiring a job applicant in an application or interview to disclose information concerning any arrest, criminal charge or conviction for marijuana possession. Employers should review their application forms and make any necessary modifications to comply with this new law.
  • The Virginia Values Act includes many new provisions that apply to employment, housing and other Virginia laws. The Act includes prohibitions against discrimination on the basis of sexual orientation and gender identity. Employers should review their employee handbooks to make sure they are in compliance.

Feel free to contact us if you have questions about this matter.

PLDR Law John Falcone 1 Amy Kowalski employment law PLDR Luke Malloy square

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