Intro to Virginia Labor Laws

Governor Youngkin has signed HB 1895 into law, which amends Virginia’s existing Nondisclosure Agreement Law to restrict any suspected suppression or concealment of claims of sexual harassment or sexual assault. Nondisclosure, confidentiality, and non-disparagement agreements that denote or exclude these claims for employees or prospective employees will be null and void per this new law.

SB 1040 was also signed into law this winter, which prohibits the use of social security numbers (SSNs) on employee identification badges or cards. Both laws take effect on July 1 of this year. Employers should review any nondisclosure, non-disparagement, and confidentiality agreements and/or employee identification procedures, and update accordingly.

In a repeal of Virginia’s Permanent Standard, the Virginia Safety and Health Codes Board issued guidance to replace the ETS to enforce the right to wear or not wear a mask in non-federally mandated environments, unless required by law or if it is deemed medically appropriate. The guidance states that Virginia Occupational Safety and Health (VOSH) prohibits discrimination based on wearing or not wearing a mask in the workplace.

Beginning July 1, marijuana will become legal for adult users (21 and older) in Virginia. The law does not prevent employers from prohibiting possession during work hours or taking adverse action against employees for being impaired at work, though there may be additional considerations for medical marijuana cardholders.

Virginia is the latest state to join 19 others in implementing living donor leave laws. Beginning July 1, 2023, Virginia employers with 50 or more employees will be required to allow employees to utilize leave for donation-related purposes in a given 12-month period: 30 business days for bone marrow donation and 60 business days for organ donation. There is no requirement for this leave to be paid by the employer, but employers must continue medical benefits for the duration of the leave and to reinstate the employee to their original position, or similar role with equal pay.

The Virginia Human Rights Act (VHRA) now includes protections for employees with disabilities. Employers with more than five employees must include information about an employee’s right to reasonable disability accommodations in their handbooks, among other posting and notification requirements. Employers should consider all applicable federal and state laws to ensure they respond to reasonable accommodations appropriately and in a timely manner and do not take adverse action against employees who request or use reasonable accommodations.

Virginia’s new minimum wage law will gradually raise the state minimum wage beginning on May 1, 2021, with an increase to $9.50 per hour. The new law also modifies state exemption categories and outlines pay requirements for certain employees enrolled in on-the-job training programs. With limited exceptions, employees in Virginia not exempt from minimum wage requirements must be paid at least the hourly minimum wage.

Justworks customers can review minimum wage requirements by visiting the 2021 State and Local Minimum Wages chart via ThinkHR.*