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Virginia Laws
Virginia’s Veteran Preferential Hiring Law, Va. Code § 40.1-27.2 (“VPHL,” titled “Preference for veterans and spouses,”) allows employers to choose to grant preference in hiring and promotion to veterans or the spouses of disabled veterans.  Definition of Disabled Veteran The VPHL generally defines “disabled veteran” for the purposes of its provisions as a veteran who has been...
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Virginia’s Civil Air Patrol Leave Law, Va. Code § 40.1-28.7:6 (“CAPLL,” titled “Employers to allow leave for volunteer members of Civil Air Patrol; civil remedy”), provides that employees who are volunteer members of the Civil Air Patrol are entitled to limited amounts of job-protected leave for training for or responding to emergency missions.  Job-Protected Leave...
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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 an appropriate authority an employer’s failure to properly classify an individual as an employee and failure to...
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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 or (2) to “friend” or “connect” with the employer on social media. As with many laws, however,...
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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 covers broadly, as including: any individual, partnership, association, corporation, or business trust or any person or group...
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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 hours of work between (a) the statutory maximum hours per work period under the Fair Labor Standards...
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Virginia Overtime Wage Act: A Handy Guide to Overtime Protections for Virginia Employees
The Virginia Overtime Wage Act (“VOWA”) requires employers to pay covered employees overtime compensation. In some ways, the VOWA is similar to the overtime provisions of the federal Fair Labor Standards Act. In other ways, including the calculation of overtime rates for salaried employees, the availability of triple damages, and the time period for which...
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The Virginia Pay Transparency Law (“VPTL”), VA Code § 40.1-28.7:9, prohibits an employer from discharging or taking other retaliatory action against employees for discussing their pay or any other employees’ pay. The law is important because protecting employees’ right to discuss their compensation makes it easier for employees to negotiate for better pay and to...
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In Fed. Exp. Corp. v. Holowecki, 552 U.S. 389, 128 S. Ct. 1147 (2008), the Supreme Court held that for an employee’s filing with the Equal Employment Opportunity Commission to be deemed a “charge” under the Age Discrimination in Employment Act, it must be reasonably construed as a request for the agency to take remedial...
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Tim-coffield-attorney-construction-law-virginia
The Virginia General Contractor Wage Law (“VGCWL”) makes general contractors on construction jobs, under certain circumstances, liable for wages owed to the employees of the general’s subcontractors.
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