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, 2023, the governor signed into law Senate Bill 1040 prohibiting the use of employees’ social security numbers in certain ways. Specifically, SB 1040 adds Virginia Code § 40.1-28.7:10 to prohibit 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 go into effect July 1, 2023.
Nondisclosure, Confidentiality & Non-Disparagement Agreements Regarding Claims of Sexual Harassment
The Virginia governor has approved House Bill 1895, which prohibits employers from requiring an employee or prospective employee from executing or renewing a “nondisclosure or confidentiality...
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