Virginia Labor Law Updates: Human Rights Act, Non-Compete Covenants, and VOSH

State Update Overview

In July 2020, the Virginia Values Act amended the Virginia Human Rights Act to add new protected classes and increase employer coverage of the law.

Virginia Employment Discrimination Law Update

• Prohibits discrimination on the basis of sexual orientation and gender identity, and veteran status.
• Applies to employers with 15 or more employees.
• Entitles employees to expanded remedies.

Also in July 2020, Virginia passed a law prohibiting non-competition agreements with low-wage employees.

Virginia Covenants Not to Compete Law Update

• Prohibits employers from entering into, enforcing, or threatening to enforce a covenant not to compete between the employer and a low-wage employee.
• Prohibits employers from retaliating against an employee who brings actions against an employer.

In August 2020, the Virginia Department of Labor and Industry published an updated Job Safety and Health Protection notice.

Virginia Safety and Health Law Update

• New penalty amounts for each serious and non-serious violation.
• New daily penalty amounts for failing to correct a violation.
• Increase in penalty for willful violations.

Virginia Labor Law Poster Update

All businesses within the State of Virginia must notify employees about prohibited discrimination, post a copy or summary of the Covenant Non-Compete law, and display the Job Safety and Health Protection poster along with other state-mandated posting requirements where it is sufficiently accessible and viewable to all employees. This change has been reflected in our Virginia & Federal Labor Law Poster and does require an immediate mandatory update. Failure to meet compliance requirements and display the updated poster could result in fines.

Order the Virginia Labor Law Poster to immediately include this required update.