by Tim Coffield | 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...
by Tim Coffield | 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...
by Tim Coffield | 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,...
by Tim Coffield | 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...
by Tim Coffield | 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:...
by Tim Coffield | 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...
by Tim Coffield | 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...
by Tim Coffield | 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...
by Tim Coffield | 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...
by Tim Coffield | 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...
