The Virginia General Assembly has ended its 2023 legislative session, and it was a quieter year than some in the past. The new legislation that has been signed into law by Gov. Glenn Youngkin (R) and that affects employers is summarized below. All of the following laws take effect July 1.
Ban on pre-dispute nondisclosure agreements relating to sexual assault or harassment
A 2019 law prohibited employers from requiring prospective or current employees to agree, “as a condition of employment,” to any confidentiality or nondisclosure agreement that would restrict disclosure of a sexual assault. That law has now been expanded to also prohibit non-disparagement terms and to cover claims of sexual harassment as well as sexual assault.
Neither the original law nor its amended version apply to settlements of existing claims.
Similar legislation was enacted at the federal level in 2022. The Speak Out Act made unenforceable confidentiality, non-disparagement, and non-disclosure provisions of pre-dispute employment agreements that restrict disclosure of claimed sexual assault or sexual harassment.
Social Security numbers cannot be used for ID purposes
A newly enacted law, Senate Bill 1040, prohibits employers’ use of employees’ Social Security numbers or any derivative as employee identification numbers, or on an employee identification or access card, badge, or the like. The law appears to have no private right of action. Instead, the law will be enforced by the Commissioner of the...
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