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 $1,343 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.

The VOSH Safety and Health Conference, March 29-31, 2023,  provides low-cost training for employers and employees in Virginia. Attendees have the opportunity to hear presentations from experts in the field, network with other professionals, and meet with vendors. Pre-Conference OSHA 10 Hour courses will be offered for General Industry, Construction, and Spanish Construction. These Classes Begin On Tuesday, March 28, and conclude Wednesday morning March 29.

FALLS CHURCH, VA, January 4, 2023 — At the culmination of Virginia Governor Glenn Youngkin’s inaugural apprenticeship month, HITT Contracting, Inc. (“HITT”), alongside Virginia’s Secretary of Labor Bryan Slater and DOLI Commissioner Gary G. Pan, signed a Registered Apprenticeship Program agreement, making HITT a key partner in providing job experience and technical education for a new generation of construction management professionals in the state of Virginia.

Effective January 1, 2023, the Virginia minimum wage will increase to $12.00 per hour. All employees covered by the Virginia Minimum Wage Act must be paid at a rate not less than $12.00 per hour. For a list of employees exempted from the Virginia Minimum Wage Act, please refer to § 40.1-28.9 of the Code of Virginia. Please consult the Department’s Virginia Minimum Wage Law FAQs for further information about the law.

Note that while employers are not required to post notice of the Virginia minimum wage, a notice is available for employers who wish to post this information: Virginia Minimum Wage Act Notice.

Virginia is responding to the many industries and employers who seek to replicate the values of their best employees through the mentorship and instruction of the Registered Apprenticeship model.

It’s National Apprenticeship Week. Unlike internships, apprenticeships are usually a full-time, paid, structured, occupation-specific job. There are about 15,000 apprentices in Virginia, and Southwest and Southside will soon have a regional apprenticeship consortium.

Commissioner Gary G. Pan announced today that the Innovative Refrigeration
Systems in Lyndhurst, Virginia, has been certified as a Virginia SHARP Worksite under the Virginia Occupational Safety and Health (VOSH) Safety and Health Achievement Recognition Program (SHARP), the agency’s highest level of recognition for excellence in safety and health management systems for small businesses.

12 schools in Wise and Lee counties will soon be powered through solar energy, and their students are learning the trade in the process.

Eastern Shore Community College hosted Commissioner  Gary Pan, Director Patricia Morrison , and members of their leadership teams for the signing of a Registered Apprenticeship agreement with Peraton Corp.

A Signing Day celebration in Chesterfield honored more than 50 high school students.