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 here, among other things, these new 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.

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Photo of Guy Brenner Guy Brenner

Guy Brenner is a partner in the Labor & Employment Law Department and leads the Firm’s Washington, D.C. Labor & Employment practice. He is head of the Government Contractor Compliance Group, co-head of the Counseling, Training & Pay Equity Group and a member…

Guy Brenner is a partner in the Labor & Employment Law Department and leads the Firm’s Washington, D.C. Labor & Employment practice. He is head of the Government Contractor Compliance Group, co-head of the Counseling, Training & Pay Equity Group and a member of the Restrictive Covenants, Trade Secrets & Unfair Competition 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, medical and disability leave matters, employee/independent contractor classification issues, and the investigation and litigation of whistleblower claims. He assists employers in negotiating and drafting executive agreements and employee mobility agreements, including non-competition, non-solicit and non-disclosure agreements, and also conducts and supervises internal investigations. He also regularly advises clients on pay equity matters, including privileged pay equity analyses.

Guy advises federal government contractors and subcontractors all aspects of Office of Federal Contract Compliance Programs (OFCCP) regulations and requirements, including preparing affirmative action plans, responding to desk audits, and managing on-site audits.

Guy is a former clerk to Judge Colleen Kollar-Kotelly of the US District Court of the District of Columbia.