July 1 marked the effective date for three new laws that will create new rights for workers and new obligations for employers in Virginia:
- Expansion of Non-Compete Ban – Virginia employers are now prohibited from entering into or renewing non-compete agreements with employees entitled to overtime pay under the federal Fair Labor Standards Act (FLSA). This latest change is in addition to the existing ban protecting “low-wage” employees.
- New Protections for Children in Online Content – For certain online and social media video content that includes the likeness, name, or photograph of a child under age 16, the content creator must now compensate the child and set aside content earnings in a trust account for the child’s benefit.
- Workplace Safety Plan Mandate for Hospitals – Virginia hospitals are now required to establish a workplace violence incident reporting system to document, track, and analyze any incident of workplace violence reported.
What Do Virginia Employers Need to Know About the Expansion of the Non-Compete Ban?
Under HB 330, “low wage employees” is a bit of a misnomer, as it refers to a much larger group than employers might otherwise assume. As of 2020, the ban applied to any employee whose earnings were less than the average weekly wage in Virginia.
- In 2020, that amount was approximately $62,000 per year.
- As of 2025, the “low wage employee” threshold has increased to $1,463.10 per week, or $76,081.14 per year.
In many parts of the Commonwealth, most...
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