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Employment Law Blog

Virginia Worker Misclassification Law: Protections for Employees Asked to Sign Agreements that Misclassify Them As Independent Contractors

Virginia’s Worker Misclassification Law, VA Code § 58.1–1900–05 (“WML”), emphasizes the rights of employees to be properly classified as such, and makes it unlawful for employers to require or request that employees sign documents incorrectly classifying them as independent contractors....
•July 13, 2022•
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Cruz v. Maypa: Equitable Tolling in FLSA Cases

In Cruz v. Maypa, 773 F.3d 138 (4th Cir. 2014), the Fourth Circuit held that the limitations period for claims under the Fair Labor Standards Act was equitably tolled because the employer failed to post the required notice explaining workers’ rights...
•May 25, 2022•
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Virginia Minimum Wage Act: Increased Minimum Wages for Virginia Workers

The Virginia Minimum Wage Act, VA Code § 40.1-28.8, et seq. (“VMWA”), sets minimum wage levels for certain categories of Virginia workers that are higher than the federal minimum wage.  Employer Defined The VMWA defines the “employers” it...
•May 18, 2022•
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Conner v. Cleveland County: Fourth Circuit Recognizes Overtime Gap Time Claims Under FLSA

In Conner v. Cleveland County, N. Carolina, 22 F.4th 412 (4th Cir. 2022), the Fourth Circuit held that the overtime provisions of the Fair Labor Standards Act (“FLSA”) allow claims for “overtime gap time.” Overtime gap time refers...
•February 13, 2022•
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Virginia Gap Pay Act: Special Overtime Rights for Fire Protection and Law Enforcement Employees

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...
•February 9, 2022•
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