December 6, 2022

Volume XII, Number 340


December 05, 2022

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Virginia Employers, Are You Ready? New Employment Laws Go Into Effect July 1, 2020

As we previously reported, this spring Virginia Governor Ralph Northam signed into law a number of new measures expanding protections for employees in the Commonwealth and providing enhanced mechanisms by which employees may bring claims against their employers for violations of those protections.  Many of these new laws become effective on July 1, 2020.  As set forth in more detail in our previous article, these new Virginia Employment laws:

  • Amend Virginia’s anti-discrimination law to expand its protections (including new prohibitions on discrimination on the basis of sexual orientation, gender identity and veterans status), and the remedies available under the law. The amendments also greatly expand the law’s applicability to far more employers and employees.
  • Create a private right of action for workers who claim to have been misclassified as independent contractors.
  • Create a private right of action for failure to pay wages and for employees to otherwise enforce protections provided under the Virginia Wage Payment Act (“VWPA”).
  • Prohibit non-compete agreements with low-wage workers.

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In anticipation of these measures becoming effective on July 1, 2020, Virginia employers should review with counsel their employment, compensation, and non-compete practices, and re-examine their independent contractor relationships to ensure they will be in compliance with the new laws.

© 2022 Proskauer Rose LLP. National Law Review, Volume X, Number 182

About this Author

Guy Brenner, Labor Attorney, Proskauer Rose, arbitration proceedings Lawyer

Guy Brenner is a partner in the Labor & Employment Law Department and co-head of the Non-Compete & Trade Secrets Group. He has extensive experience representing employers in both single-plaintiff and class action matters, as well as in arbitration proceedings. He also regularly assists federal government contractors with the many special employment-related compliance challenges they face.

Guy represents employers in all aspects of employment and labor litigation and counseling, with an emphasis on non-compete and trade secrets issues,...

Caroline L. Guensberg Associate Labor & Employment Employment Litigation & Arbitration

Caroline Guensberg earned her J.D. from George Washington University Law School, graduating with honors. While attending law school, Caroline was a notes editor of the Federal Circuit Bar Journal and had her note published in the journal. Caroline was also a member of the Alternative Dispute Resolution Board and served as a writing fellow and a dean’s fellow. In addition, Caroline worked as a legal intern for the United States Equal Employment Opportunity Commission and the Federal Mine Safety Commission.

Prior to joining Proskauer, Caroline was a judicial clerk for the Connecticut...