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Virginia Gap Pay Act: Special Overtime Rights for Fire Protection and Law Enforcement Employees

Virginia Gap Pay Act: Special Overtime Rights for Fire Protection and Law Enforcement Employees

by tcattorneynet | Feb 4, 2022 | Employment Law

The Virginia Gap Pay Act, VA Code § 9.1-700, et seq. (“VGPA”), provides that certain fire protection and law enforcement employees must be paid overtime compensation for time worked in the “gap.” The “gap” refers to the all hours of work between (a) the statutory...
Virginia Overtime Wage Act: A Handy Guide to Overtime Protections for Virginia Employees

Virginia Overtime Wage Act: A Handy Guide to Overtime Protections for Virginia Employees

by tcattorneynet | Dec 13, 2021 | Employment Law

The Virginia Overtime Wage Act (“VOWA”) requires employers to pay covered employees overtime compensation. In some ways, the VOWA is similar to the overtime provisions of the federal Fair Labor Standards Act. In other ways, including the calculation of overtime rates...
Virginia Misclassification Anti-Retaliation Law: Protections for Employees And Independent Contractors Who Report Misclassification

Virginia Misclassification Anti-Retaliation Law: Protections for Employees And Independent Contractors Who Report Misclassification

by TimCoffieldAttorney | Jan 10, 2023 | Employment Law, Virginia Laws

Virginia’s Misclassification Anti-Retaliation Law, Va. Code § 40.1-33.1 (“MARL,” titled “Retaliatory actions prohibited; civil penalty”), provides that employers shall not discharge, penalize, or take any retaliatory action against an employee or independent...
Virginia Employee Social Media Privacy Act: Protections for Employee Social Media Information

Virginia Employee Social Media Privacy Act: Protections for Employee Social Media Information

by TimCoffieldAttorney | Oct 7, 2022 | Insights, Privacy, Social Media, Virginia Laws

The Virginia Employee Social Media Privacy Act, VA Code § 40.1-28.7:5 (“VESMPA”), titled “Social media accounts of current and prospective employees,” generally prohibits Virginia employers from (1) requiring employees or prospective employees to disclose their social...
Virginia Equal Pay Act: Equal Pay for Equal Work

Virginia Equal Pay Act: Equal Pay for Equal Work

by TimCoffieldAttorney | Sep 8, 2022 | Employment Law

The Virginia Equal Pay Act (“VEPA”), VA Code § 40.1-28.6, prohibits Virginia employers from paying employees less than employees of the opposite sex for doing the same work. The VEPA is similar to the federal Equal Pay Act and contains similar exceptions and remedies,...
Virginia Worker Misclassification Law: Protections for Employees Asked to Sign Agreements that Misclassify Them As Independent Contractors

Virginia Worker Misclassification Law: Protections for Employees Asked to Sign Agreements that Misclassify Them As Independent Contractors

by TimCoffieldAttorney | Jun 22, 2022 | Employment Law

Virginia’s Worker Misclassification Law, VA Code § 58.1-1900-05 (“WML”), emphasizes the rights of employees to be properly classified as such, and makes it unlawful for employers to require or request that employees sign documents incorrectly classifying them as...
Virginia Minimum Wage Act: Increased Minimum Wages for Virginia Workers

Virginia Minimum Wage Act: Increased Minimum Wages for Virginia Workers

by TimCoffieldAttorney | May 27, 2022 | Employment Law

The Virginia Minimum Wage Act, VA Code § 40.1-28.8, et seq. (“VMWA”), sets minimum wage levels for certain categories of Virginia workers that are higher than the federal minimum wage.  Employer Defined The VMWA defines the “employers” it covers broadly, as including:...
Virginia Anti-Blacklisting Law and Tortious Interference Claims: Protections for Former Employees Seeking New Employment

Virginia Anti-Blacklisting Law and Tortious Interference Claims: Protections for Former Employees Seeking New Employment

by tcattorneynet | Nov 12, 2021 | Employment Law

Virginia’s Anti-Blacklisting Law, VA Code § 40.1-27, generally prohibits employers from willfully or maliciously preventing or attempting to prevent a former employee from obtaining new employment. While the statute does not describe a private cause of action, the...
Virginia Medicinal Cannabis Oil Employment Law: Employment Protections for Medicinal Use

Virginia Medicinal Cannabis Oil Employment Law: Employment Protections for Medicinal Use

by tcattorneynet | Oct 18, 2021 | Employment Law

Virginia’s Medicinal Cannabis Oil Employment Law (MCOEL), VA Code § 40.1-27.4, generally prohibits employers from disciplining employees for engaging in lawful medicinal use of cannabis oil. The law, however, contains several exceptions that allow employers to...
Bowman Claims: Virginia Wrongful Termination in Violation of Public Policy

Bowman Claims: Virginia Wrongful Termination in Violation of Public Policy

by tcattorneynet | Sep 18, 2021 | Employment Law

Under Bowman v. State Bank of Keysville, 229 Va. 534, ​​331 S.E.2d 797 (1985), an at-will employee in Virginia may bring a common law claim of wrongful discharge if the employee’s termination violates Virginia’s public policy. While these types of claims...
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