Pursuant to Va. Code § 40.1-28.7:8, the term “Low-wage employee” as applied to covenants not to compete has been calculated by the Virginia Employment Commission to include all employees and independent contractors who earn an average of less than $1,290 per week.
Any employer who enters into, enforces, or threatens to enforce a covenant not to compete with any low-wage employee as defined by the statute will be in violation of the statute, and subject to a suit for damages, attorneys’ fees, and liquidated damages, and civil monetary penalties assessed by the Commissioner.
Additionally, the section contains a posting requirement for employers which advises, “Every employer shall post a copy of this section or a summary approved by the Department in the same location where other employee notices required by state or federal law are posted.” Posting a copy of the Code will meet the requirements for notice to employees required under the law.
Notice of the Average Weekly Wage for 2022
Effective January 1, 2022 the Virginia Minimum Wage will Increase to $11.00 an Hour.
July 1, 2021, the Virginia Overtime Wage Act, Va. Code § 40.1-29.2, goes into effect. This law requires employers in the Commonwealth to pay an overtime wage rate of one and a half times the regular rate for all hours worked in excess of 40 hours in a workweek.
On May 1, two new labor laws go into effect. First, the Virginia Minimum Wage will increase to $9.50 an hour. See the Minimum Wage Notice for details. Claims for violations of the law can be filed using these forms English or (en Español) . The Virginia Prevailing Wage Law, pertaining to public contracts with state agencies or participating localities, also goes into effect.
Labor Law governing Notice of the Average Weekly Wage for 2021 Virginia Code § 40.1-28.7:7 pertains to the prohibition of non-compete covenants for low-wage employees.
The Department has revised the proposed Permanent Standard for Infectious Disease Prevention. See document for: Revised Proposed Permanent Standard for Virus That Causes COVID-19. The Department would like to solicit comment regarding the adoption of the revised proposed permanent standard. If you wish to register a public comment about the revised standard, please use the comment forum here. The forum will be open from December 10, 2020 to January 9, 2021.
New Information on our Coronavirus Material
Many workers spend their days in hot conditions which pose special hazards. The following links aid in recognizing and treating Heat Related Stress.
Please review the guidance from the Virginia Department of Emergency Management regarding the “Business Reopening Toolkit”.