The 2023 Virginia legislative session closed last month with substantially less activity than we have seen in recent years, in light of the politically divided government in the Commonwealth. The following briefly describes some employment-related bills that were enacted this term.
Use of Employee Social Security Numbers
On March 21, Gov. Glenn Youngkin signed Senate Bill 1040, which prohibits employers from using an employee's Social Security number, "or any number derivative thereof," as an employee's identification number. This includes prohibiting employers from using an employee's Social Security number, "or any number derivative thereof," on any identification card or badge, access card or badge, or similar card or badge issued to employees.
While the law does not define what a "derivative thereof" means, it likely includes portions of an employee's Social Security number, such as the last four digits. Employers that knowingly violate this law are subject to a civil penalty of up to $100 per violation. This law will take effect July 1.
Nondisclosure, Confidentiality & Non-Disparagement Agreements
The governor has approved House Bill 1895, which prohibits employers from requiring an employee or prospective employee from executing or renewing a "nondisclosure or confidentiality agreement, including any provision relating to non-disparagement, that has the purpose or effect of concealing the details relating to a claim of sexual harassment … as a condition of...
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