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...
by Tim Coffield | Aug 14, 2021 | Employment Law
The Virginia Employment Records Law (“VERL”), VA Code § 8.01-413.1, requires employers to provide employees upon request with copies of all records reflecting the employee’s wages or salary during their employment, and certain other categories of records. The law is...
by Tim Coffield | Jul 7, 2021 | Employment Law
The Virginia Pay Transparency Law (“VPTL”), VA Code § 40.1-28.7:9, prohibits an employer from discharging or taking other retaliatory action against employees for discussing their pay or any other employees’ pay. The law is important because protecting employees’...
by Tim Coffield | May 19, 2021 | Employment Law
The North Carolina Retaliatory Employment Discrimination Act (NCREDA) prohibits employers from retaliating against or penalizing employees for engaging in certain protected activities. N.C. Gen. Stat. Ann. §§ 95-240 to 95-245. In general, the activities protected by...
by Tim Coffield | Apr 11, 2021 | Employment Law
North Carolina’s Lawful Use of Lawful Products Statute, N.C. Gen. Stat. Ann. § 95-28.2, prohibits employers from discriminating against employees for lawfully using lawful products during non-working hours. The law was likely originally enacted to prevent employers...
by Tim Coffield | Mar 17, 2021 | Federal Claims Act
Similar to the federal False Claims Act (FCA), 31 U.S.C. §§ 3729 – 3733, which protects federal whistleblowers, the Virginia Fraud Against Taxpayers Act (VFATA), Va. Code § 8.01–216.1 et seq., rewards and protects employees and other individuals who report...
