Labor and Employment Law - Cont.
- Virginia Right-to-Work Law, § 40.1-58 through 40.1-69 of the Code of Virginia.
The law prohibits closed shops where employers may hire only members of the contracting unions, and union shops, where the employee who is not a member of a union must join after a certain period of employment and remain a member as a condition of employment. The right to work cannot be denied on the basis of membership or non-membership in a labor union, and employees cannot be required to pay union dues as a condition of employment.
- Prevention of Employment Law, § 40.1-27 of the Code of Virginia.
This law makes it a misdemeanor for a former employer to willfully and maliciously attempt to prevent a former employee from becoming employed by another employer.
- Equal Pay Irrespective of Sex, § 40.1-28.6 of the Code of Virginia.
This law prohibits discrimination in pay based on gender.
- Unlawful to Require Applicant or Employee to Pay for Medical Examination, § 40.1-28 of the Code of Virginia.
This law prohibits an employer from requiring an employee to pay for exams required by the employer.
- Limitations on Amount Subject to Garnishment, § 34-29 of the Code of Virginia.
This law establishes the maximum portion of disposable earnings that are subject to garnishment.
- Prohibition on Questions Regarding Sexual Activity on Polygraph Tests for Employment, § 40.1-51.4:3 of the Code of Virginia.
This law prohibits employers from inquiring into an applicant's sexual activities during a polygraph examination.
- Limitation Use of Polygraphs by Law Enforcement Agencies, § 40.1-51.4:4 of the Code of Virginia.
- Human Trafficking in Virginia - Effective July 1, 2013 section 40.1-11.3 of the Code of Virginia was amended to require any employer who operates a truck stop to post notice of the existence of a human trafficking hotline to alert possible victims of human trafficking of the availability to report crimes or gain assistance. As used in this subsection, "truck stop" means a facility that is capable of fueling a qualified highway vehicle that bears an IFTA identification marker as those items are defined in section 58.1-2700. Failure to post a notice may result in a civil penalty of $100 beginning January 1, 2014.
Adult entertainment businesses are currently required to post a notice of a human trafficking hotline for potential victims. Failure to post may result in a civil penalty of $500. This notice shall be posted in the same location as other employee notices required by law. Download the Human Trafficking notice here.
For more information - please call (804) 371-3104 ext. 131 or email the Labor and Employment Law Division.
The federal Fair Labor Standards Act ("F.L.S.A.") governs the federal minimum wage law, time-and-a-half overtime law and other labor laws. If the employer falls under the jurisdiction of the F.L.S.A. (most employers do), you may wish to also consult the Web site for the United States Department of Labor, Employment Standards Administration, Wage and Hour Division. If you have a question about whether your employer falls under the jurisdiction of the F.L.S.A., contact the Wage and Hour Division.
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