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2023 Employment Law Updates: Virginia
  • By: lipplaw
  • Published: October 6, 2023

Lipp Law outlines significant employment law updates applicable to Virginia workplaces below. Employers operating workplaces in Virginia, or with remote employees working from their Virginia residences should know these new Virginia employment laws. What are the Limitations to Confidentiality and Nondisparagement Agreements in Virginia? In 2019, Virginia enacted a statute prohibiting employers from requiring incoming and current employees to execute… Read More

DC Noncompete Law
  • By: lipplaw
  • Published: September 25, 2023

Are Noncompete Agreements Enforceable in Washington, DC? For many DC employees, the answer is no. On October 1, 2022, DC enacted a law making it illegal for employers to impose noncompete policies or clauses (noncompetes) on District employees who make under $150,000 per year (or $250,000 a year for medical specialists). Noncompetes are still enforceable for employees with incomes above… Read More

What Do I Do if My Employer Didn’t Pay Me in Virginia?
  • By: lipplaw
  • Published: September 22, 2023

In Virginia, employers who fail to pay employees’ wages can be in violation of the Virginia Wage Payment Act (VWPA).  An employee whose employer withholds wages may either pursue a claim administratively or through formal litigation.   Employees who opt for the administrative process may file a complaint with Virginia’s Department of Labor and Industry (DOLI), which then investigates the claim… Read More

What is the Pregnant Workers Fairness Act?
  • By: lipplaw
  • Published: August 21, 2023

The Pregnant Workers Fairness Act (PFWA) is a sweeping law protecting pregnant workers that had bipartisan support. It will give pregnant workers and new mothers workplace accommodations that were previously unavailable to them. What Employers Are Covered By the Pregnant Workers Fairness Act? Private and public employers with 15+ employees are covered by the Pregnant Workers Fairness Act.  What are… Read More

Are employees who work in Virginia but live in DC eligible for DC PFL?
  • By: Lipp Law
  • Published: July 21, 2023

In the DC Metropolitan area, employees often live in DC, Maryland, or Virginia, yet work for an employer based in one of the other locations. In our current environment, many employees work remotely from their homes when they previously worked out of an employer’s office based in a nearby jurisdiction. Those living and working in DC may wonder whether DC’s… Read More

What is the Transportation Benefits Equity Amendment Act of 2020?
  • By: Katie Lipp
  • Published: July 14, 2023

To curb vehicular emissions, encourage active or mass transportation, and promote commuter benefit equity in the workplace, the District of Columbia enacted a law requiring DC employers with 20 or more employees to compensate employees who do not utilize or who give up free or subsidized parking benefits. The deadline for DC employers to comply with this law was January… Read More

How to legally fire an employee in Virginia
  • By: lipplaw
  • Published: June 27, 2023

Virginia employment is generally “at-will,” unless the employee has an employment agreement with the employer. At-will employment means that an employee can be terminated for any reason or no reason, provided that the reason is lawful and the termination can occur with or without notice or cause. Employees are likewise free to resign at any time, with or without notice.… Read More

What is a Virginia Employment Commission Audit?
  • By: lipplaw
  • Published: June 27, 2023

Most Virginia employers are required to submit regular employment-related reports to the Virginia Employment Commission (“VEC”) and pay unemployment insurance taxes. Unemployment taxes finance a trust fund maintained by the VEC and are used to pay out unemployment benefits granted by the VEC to unemployed individuals. The VEC has the authority to perform audits of employers, but what is a… Read More

What is the Fair Labor Standards Act (FLSA)?
  • By: Lipp Law
  • Published: June 13, 2023

Federal labor laws and regulations have protected employees’ rights to minimum wage and overtime pay and prohibited oppressive child labor for the past 85 years. Most employers in both private and public sectors must adhere to these federally established standards. Over the years, states have likewise enacted labor laws expanding federal requirements. What is the Fair Labor Standards Act (FLSA)?… Read More

What is employee misclassification in Virginia?
  • By: lipplaw
  • Published: May 19, 2023

In response to misclassification issues, Virginia has enacted a new law that assumes all workers are employees, requiring employers to demonstrate otherwise if they seek to classify workers as independent contractors. This legislation aims to tackle the misclassification of employees as independent contractors, often done to dodge taxes and employee benefits. But what is employee misclassification in Virginia? Worker misclassification… Read More

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