On July 1, 2023, laws that were passed by the General Assembly and signed into law by Governor Glenn Younkin become effective in Virginia. In the most recent legislative session, a number of new employment laws were passed applicable to Virginia employers.
1. HB1895 – Expansion of Prohibited Contractual Provisions in Cases of Sexual Assault and Sexual Harassment
Current Virginia law (Va. Code § 40.1-28.01) prohibits an employer from requiring, as a condition of employment, prospective and current employees from agreeing to a confidentiality or non-disclosure agreement that would prohibit or restrict disclosure of a sexual assault.
Effective July 1, the law has been amended and expanded to cover a broader array of claims and to prohibit a broader array of contractual terms. In particular, the law will now also apply to sexual harassment and sexual assault cases, and, in addition to non-disclosure and confidentiality prohibitions, HB1895 will prohibit assent to non-disparagement terms as a condition of employment.
While this will prohibit the use of these terms for current and/or prospective employment arrangements, on its face, the law does not apply to a post-employment severance or separation agreement, provided it is not a condition of employment.
2. HB2010 – Expands Subpoena Powers of Virginia Employment Commission
Effective July 1, 2023, Commissioners at the VEC will be empowered to authorize any VEC attorney to issues subpoenas to compel witness attendance and...
President Donald Trump, Vice President JD Vance, and other Republican officials came together for a 2-day convention this week to rally voters in advance of the midterm elections in November. But ...