Employment Law Chronicle for Virginia & the District of Columbia

As a courtesy to employers and employment lawyers, The Employment Law Chronicle provides the text or links to the text of key Federal, Virginia, and District of Columbia labor and employment laws published on government sites.

The Virginia Personnel Act, which is found at Title 2.2, Chapter 29 of the Virginia Code (§§ 2.2-2900 thru 2905) mandates a grievance procedure for State employees, but it includes a number of exceptions. Specifics of the State grievance procedure are in Title 2.2, Chapter 10 ((§§ 2.2-3000 thru 3008).

Virginia Code Sections 15.2-1506 and 15.2-1507 requires all Virginia localities with more than 15 employees to establish a grievance procedure or be subject to the State's grievance procedure.

Continue reading "Grievance Procedures for Virginia Public Employees" »

As a courtesy to employers and employment lawyers, The Employment Law Chronicle provides links to the text of key Federal, Virginia, and District of Columbia labor and employment laws published on government sites.

As set forth in Virginia Code Section 40.1-28, it is illegal for Virginia employers to require employees to pay for medical examinations as a condition of employment.

As a courtesy to employers and employment lawyers, The Employment Law Chronicle provides links to the text of key Federal, Virginia, and District of Columbia labor and employment laws published on government sites.

Pursuant to the Federal Occupational Safety and Health Act (OSHA), Virginia has received approval for the Virginia OSHA program. In addition to adopting the federal standards almost verbatim, Virginia has enacted additional safety and health requirements. As a consequence, all Virginia employers are required to: (a) comply with numerous safety and health regulations; and (b) comply with the "general duty clause," which requires employers to provide a workplace that is free from recognized hazards that are causing or likely to cause death or serious physical injury."

Links to select provisions of the Virginia Occupational Safety and Health Act are provided below:

VA Code § 40.1-49.8. Duties of employers. This provision describes the employer's duty to provide a safe workplace free from recognized hazards. It also describes disclosure, notice and reporting requirements.

VA Code § 40.1-51.2. Rights and duties of employees. This provision explains employees' obligations to comply with all workplace health and safety rules and regulations. It also provides employees with the right to report workplace health and safety violations.

VA Code § 40.1-51.2:1. Discrimination against employee for exercising rights prohibited. This provision protects whistleblowers as follows:

No person shall discharge or in any way discriminate against an employee because the employee has filed a safety or health complaint or has testified or otherwise acted to exercise rights under the safety and health provisions of this title for themselves or others.

VA Code § 40.1-51.2:2. Remedy for discrimination. This provision states the procedures and remedies for filing whistleblower claims for reporting workplace safety and health violations. In general, the employee has 60 days to file a complaint.

Posted by Lori J. Searcy | Permalink | Email This Post

Posted In: Labor & Employment Laws, Virginia , Termination (Wrongful v. Proper) , Whistleblower Protections , Workplace Health & Safety

As a courtesy to employers and employment lawyers, The Employment Law Chronicle provides links to the text of key Federal, Virginia, and District of Columbia labor and employment laws published on government sites.

In addition to setting restrictions on the amount of employee pay that can be garnished, the Virginia Wage Garnishment Law makes it illegal to fire an employee for being subjected to garnishment for a single debt.

As a courtesy to employers and employment lawyers, The Employment Law Chronicle provides links to the text of key Federal, Virginia, and District of Columbia labor and employment laws published on government sites.

The Virginia Wage Payment Law identifies requirements and restrictions on employee pay. Some of the topics covered by the wage payment law include the timing of employee pay periods; medium of wage payment; legality of wage withholdings, deductions or forfeitures; requirements for earnings statements; and payment of wages upon termination.

As a courtesy to employers and employment lawyers, The Employment Law Chronicle provides links to the text of key Federal, Virginia, and District of Columbia labor and employment laws published on government sites.

Like the federal Equal Pay Act and Title VII, the Virginia Equal Pay Act prohibits employers from paying males and females in the same establishment different wages for substantially similar work. As set forth below, the Virginia Equal Pay Act covers the limited group of employers who are not covered by the federal Equal Pay Act.

Continue reading "Virginia Equal Pay Act (VA Code § 40.1-28.6)" »

As a courtesy to employers and employment lawyers, The Employment Law Chronicle provides the text or links to the text of key Federal, Virginia, and District of Columbia labor and employment laws published on government sites.

Below is the Virginia whistleblower law prohibiting wrongful termination or other discrimination of employees who report or testify about safety or health complaints:

VA Code § 40.1-51.2:1. Discrimination against employee for exercising rights prohibited.

No person shall discharge or in any way discriminate against an employee because the employee has filed a safety or health complaint or has testified or otherwise acted to exercise rights under the safety and health provisions of this title for themselves or others.

Section 40.1-51.2:2 of the Virginia Code provides the procedures and remedies for Virginia safety or health whistleblower claims.

As a courtesy to employers and employment lawyers, The Employment Law Chronicle provides the text or links to the text of key Federal, Virginia, and District of Columbia labor and employment laws published on government sites.

As set forth below, in Virginia, employers are limited in their ability to discharge employees for excessive absences due to illnesses or injuries that are compensable under Virginia's workers' compensation law.

Continue reading "Virginia Employment Law: Protection of Employees on Workers' Compensation (VA Code § 40.1-27.1)" »

As a courtesy to employers and employment lawyers, The Employment Law Chronicle provides links to the text of key Federal, Virginia, and District of Columbia labor and employment laws published on government sites.

Virginia law permits former employers to furnish information to prospective or current employers about a former employee if the former employer is not acting in bad faith. If, however, a former employer discloses knowingly false information, the employer will be subject to liability with the potential for punitive damages.

Continue reading "Virginia Employment Law: Job Referrals (§ 8.01-46.1.) " »

As a courtesy to employers and employment lawyers, The Employment Law Chronicle provides links to the text of key Federal, Virginia, and District of Columbia labor and employment laws published on government sites.

Here is the text of the Virginia law prohibiting former employers from blacklisting former employees through false statements to prospective employers:

Continue reading "Virginia Employment Law: Preventing Former Employees From Obtaining Future Employment (VA Code § 40.1-27)" »

I often represent clients on claims that an employer’s business interests were harmed by the disloyal or otherwise unlawful conduct of a former employee. Typically, these employer lawsuits allege breach of contract, breach of the duty of loyalty, misappropriation of trade secrets, conspiracy, tortious interference and related claims. Below are some questions and answers designed to present these concepts in general terms.

Question: What is the common law fiduciary duty of loyalty?

Continue reading "Virginia Employment Law: Employee Breach of Contract, Duty of Loyalty and Misappropriation of Trade Secrets" »

As a courtesy to Virginia employment lawyers and employers, The Employment Law Chronicle provides summaries and links to key business and employment law statutes. While the Virginia Conspiracy Act does not protect employment interests, it is often invoked in Virginia business litigation on allegations that a former employee conspired with a subsequent employer or others to injure the former employer's business interests.

Specifically, the Virginia Conspiracy Act provides for civil actions based on a conspiracy by two or more persons to injure a person or entity's business interests (not employment interests). In addition to injunctive relief, a prevailing plaintiff may recover treble damages (three-times the amount of damages), plus attorneys' fees and costs.

Key provisions of the Virginia Business Conspiracy Act follow:

Continue reading "Virginia Employment Law: Virginia Business Conspiracy Act, VA Code §§ 18.2-499 - 18.2-500" »

As a courtesy to employers and employment lawyers, The Employment Law Chronicle provides links to the text of key Federal, Virginia, and District of Columbia labor and employment laws published on public sites.

The Virginia Human Rights Act prohibits discrimination because of race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, age, marital status, or disability.

As part of The Employment Law Chronicle's ongoing effort to chronicle workplace laws affecting employers in Virginia and the District of Columbia, please take note that Virginia Code Section 40.1-11.1, entitled "Employment of illegal immigrants," sanctions referral or employment of individuals who cannot document their eligibility to work in the United States, providing in part:

It shall be unlawful and constitute a Class 1 misdemeanor for any employer or any person acting as an agent for an employer, or any person who, for a fee, refers an alien who cannot provide documents indicating that he or she is legally eligible for employment in the United States for employment to an employer, or an officer, agent or representative of a labor organization to knowingly employ, continue to employ, or refer for employment any alien who cannot provide documents indicating that he or she is legally eligible for employment in the United States.

While the law does not require an employer to use an employment application, an employer who chooses to use an employment application must ask prospective employees if they are legally eligible to work in the United States.

To view the complete text of this statute, follow links to the Code of Virginia at this site.