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Employment Law Blog

Virginia Misclassification Anti-Retaliation Law: Protections for Employees And Independent Contractors Who Report Misclassification

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 contractor for reporting, or planning to report, to...
•January 10, 2023•
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Harbourt v. PPE Casino Resorts Maryland: Fourth Circuit Recognizes Training Can Be Compensable Work Under FLSA

In Harbourt v. PPE Casino Resorts Maryland, LLC, 820 F.3d 655 (4th Cir. 2016) the Fourth Circuit held that under the Fair Labor Standards Act, compensable “work,” for which the FLSA requires employers to pay at least minimum wage, broadly encompasses...
•October 31, 2022•
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Virginia Employee Social Media Privacy Act: Protections for Employee Social Media Information

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 media usernames and passwords...
•October 29, 2022•
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Cummings v. Premier Rehab Keller: Emotional Distress Damages Under the Rehabilitation Act and Affordable Care Act

In Cummings v. Premier Rehab Keller, P.L.L.C., 142 S. Ct. 1562 (2022), the Supreme Court held that emotional distress damages are not recoverable in private actions to enforce the antidiscrimination provisions of the Rehabilitation Act or the Affordable...
•September 8, 2022•
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Virginia Equal Pay Act: Equal Pay for Equal Work

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...
•September 8, 2022•
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Recent Articles

Virginia Veteran Preferential Hiring Law: Allowing Preference in Hiring and Promotion to Veterans or Spouses of Disabled Veterans
April 19, 2023
Helix Energy v. Hewitt: Day Rates Do Not Meet the Salary-Basis Test Under the FLSA
April 19, 2023
Virginia Civil Air Patrol Leave Law: Protections for Employees Who Are Civil Air Patrol Volunteers
February 17, 2023

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