Fourth Circuit Affirms Dismissal of Employee’s FMLA Claim

By:  Jarrad Wright A recent Fourth Circuit opinion is a reminder for all employers to thoroughly document problems with employees before making firing decisions.  In a two to one decision, a Fourth Circuit panel on July 1, 2020 upheld the decision of a Virginia federal district court judge to disregard a jury verdict in favor […]

DGRead 20.10.01

APPA Legal & Regulatory Virtual Conference; Is Virginia Making it Easy for Employees to Take Off with Corporate Secrets and Clients?; Virginia Hikes Minimum Wage; DG/30 Milestone

A New Right to Work: The Old Dominion Adopts New Restrictions on Restrictive Covenants

By: Billy B. Ruhling II Virginia has always allowed employers to impose reasonable restrictions on their employees’ ability to compete after the termination of the employment relationship. While this right was not unfettered, employers could take steps to protect their business by preventing a former employee from taking client relationships with them upon their departure. […]

Virginia Law Targets Worker Misclassification

By:  Jayna Genti Companies misclassifying their employees as independent continues to be a hot-button issue throughout the country, and Virginia is no exception. In the last year alone, legislation related to independent contractor misclassification was introduced at the federal level and in at least 20 states. New Jersey and California recently enacted employee misclassification laws, […]

Virginia Hikes Minimum Wage

By:  Jonathan R. Mook and Colete Fontenot The Virginia General Assembly for the first time in ten years has increased the state’s minimum wage and has established a mechanism to raise the minimum wage in the coming years.  Minimum wage workers in Virginia will now see a substantial raise next year, and in the years […]

The Old Dominion Adopts Restrictions on Non-Competes

By: Billy Ruhling Virginia has always allowed you to impose reasonable restrictions on your employees’ ability to compete after the termination of the employment relationship.  While this right was not unfettered, you could take steps to protect your business by preventing a former employee from taking customers or clients with them upon their departure.  Such […]

DGRead 20.09.15

Virginia Protects Whistleblowers; Let Us Be Proud…for Just a Minute; In Virginia, You Can Do Your Hair Do; Two Years of DGRead!; DG/30 Milestone

Virginia Becomes First Southern State to Ban Hair Discrimination

By:  Jayna Genti During the 2020 legislative session, Virginia became the first southern state not only to ban LGBTQ discrimination, but also bar hair discrimination across the Commonwealth. This makes Virginia the fourth state behind California, New York, and New Jersey to do so.  As reported in the March issue of the Mid-Atlantic Employment Law […]

New Virginia Law Significantly Broadens Whistleblower Protection

By Stacey Rose Harris On July 1, 2020, never-before-seen protections for whistleblowers will take (took) effect in Virginia.  Prior to the enactment of Virginia’s new “Whistleblower Law,” workers had little recourse if their employer terminated them for reporting illegal or improper activity in their workplace.  Previously, their protection had been limited to a few narrow […]

DGRead 20.09.01

Michael Lieberman’s Thoughts and Suggestions on Working in the Rocket Docket; Rocket Docket Update; Virginia is First in the South; DG/30 Milestone