Virginia employment law compliance requirements

Sexual harassment is a form of sex discrimination prohibited under Title VII.

42 U.S.C. § 2000e-2 · effective Jan 2020

Prohibits employment discrimination based on race, color, religion, sex, or national origin.

42 U.S.C. § 2000e et seq. · effective Jan 2020

WARN notices must include: whether closing/layoff is permanent or temporary, expected date, whether bumping rights exist, name/contact for company representative.

29 U.S.C. § 2102 · effective Jan 2020

Applicable Large Employers (50+ full-time and full-time-equivalent employees) must offer affordable, minimum-value health coverage to full-time employees and their dependents or risk an employer shared responsibility payment.

26 U.S.C. § 4980H · effective Jan 2015

Agreement must advise employee to consult with attorney

29 U.S.C. § 626(f)(1)(E) · effective Oct 1990

Eligible employees entitled to 12 weeks unpaid leave

29 U.S.C. § 2612(a)(1) · effective Aug 1993

Employers must maintain anti-harassment policies

42 U.S.C. § 2000e-2 · effective Jul 1964

Employers with 50 or more employees must provide up to 60 business days of unpaid leave in any 12-month period for an employee to serve as an organ donor, and up to 30 business days to serve as a bone marrow donor.

Va. Code Ann. § 40.1-28.7:10 · effective Jul 2021 · source

Employers must provide 60 days advance notice of plant closings (50+ employees) or mass layoffs (500+ or 50-499 if 33% of workforce).

29 U.S.C. § 2101 et seq. · effective Jan 2020

60 days advance notice for plant closings and mass layoffs

29 U.S.C. § 2102 · effective Feb 1989

Upon termination of employment, employers must pay all wages or salaries due to the employee on or before the next regular payday on which the employee would have been paid.

Va. Code Ann. § 40.1-29(A)(1) · effective Jul 2020 · source

Employees 40+ must be given 21 days to consider individual severance agreements

29 U.S.C. § 626(f)(1)(F)(i) · effective Oct 1990

Employees 40+ in group terminations must be given 45 days to consider

29 U.S.C. § 626(f)(1)(F)(ii) · effective Oct 1990

Employees 40+ must be given 21 days to consider a separation agreement that includes a release of age discrimination claims.

29 U.S.C. § 626(f)(1)(F) · effective Jan 2020

In group terminations, employees 40+ must be given 45 days to consider a separation agreement.

29 U.S.C. § 626(f)(1)(H) · effective Jan 2020

Employers must pay employees at least the state minimum wage rate of $12.00 per hour. This rate applies to most employees in Virginia, with limited statutory exemptions.

Va. Code Ann. § 40.1-28.9 · effective Jan 2023 · source

Federal minimum wage rate

29 U.S.C. § 206(a)(1) · effective Jul 2009

Employers must pay overtime at a rate of one and one-half times the employee's regular rate of pay for hours worked over 40 in a workweek. For non-exempt salaried employees, the regular rate is calculated by dividing the weekly salary by the number of hours the salary is intended to compensate (up to 40).

Va. Code Ann. § 40.1-29.2 · effective Jul 2021 · source

Overtime pay for hours worked over 40 in a workweek

29 U.S.C. § 207(a)(1) · effective Oct 1938

Applicable Large Employers (50+ full-time and full-time-equivalent employees) must file annual information returns (Forms 1094-C and 1095-C) with the IRS and furnish Form 1095-C to each full-time employee.

26 U.S.C. § 6056 · effective Jan 2015

Private employers with 100 or more employees (and certain federal contractors with 50 or more) must annually file the EEO-1 Component 1 Report with the EEOC, reporting workforce demographic data by job category, sex, race, and ethnicity.

42 U.S.C. § 2000e-8(c) · effective Jan 1966

Employers are prohibited from discharging, disciplining, or discriminating against an employee for inquiring about, discussing, or disclosing their wages or the wages of another employee.

Va. Code Ann. § 40.1-28.7:9 · effective Jul 2020 · source

Group terminations must disclose job titles and ages of affected employees

29 U.S.C. § 626(f)(1)(H) · effective Oct 1990

Employers are prohibited from entering into, enforcing, or threatening to enforce a covenant not to compete with any low-wage employee. Low-wage employees are defined based on the average weekly wage of the Commonwealth.

Va. Code Ann. § 40.1-28.7:8 · effective Jul 2020 · source

Employees 40+ must have 7 days to revoke after signing

29 U.S.C. § 626(f)(1)(G) · effective Oct 1990

Employers are prohibited from requiring job applicants to disclose information concerning any arrest, charge, or conviction for simple possession of marijuana.

Va. Code Ann. § 19.2-389.3 · effective Jul 2020 · source