In our previous article—What Virginia Employers Might Have Missed While Managing COVID-19: The Silent Labor and Employment Law Revolution—we detailed some of the most impactful labor and employment law changes enacted by the Virginia General Assembly this year. These included an increased minimum wage, local-level public employee bargaining, a new cause of action for misclassification, and an overhauled employment discrimination framework. But Virginia’s labor and employment law revolution did not stop there.
Virginia has long billed itself as a business-friendly state with low taxes and commonsense employment regulations. But recent changes—largely adopted with little fanfare or scrutiny—are poised to revolutionize the labor and employment landscape in Virginia. These changes—compounded by the likely recession resulting from the COVID-19 pandemic—will present tremendous challenges for Virginia employers.
In the past few months, a number of state and local developments have emerged that are likely to resonate across the country. The following is a tour of some of the most recent and significant state-specific legislation, legal rulings, and other developments occurring around the United States.
With social media pervading all facets of society (no less than 67 percent of Americans are regular users), businesses have long been concerned with their employees’ potentially detrimental social media activities. As these concerns proliferated among Virginia’s business community, many employers saw fit to demand access to their applicants’ and employees’ social media accounts. Privacy activists cried foul and, in response, Virginia joined dozens of other states last month by imposing limits on employer access to such accounts. This new law demands careful response by employers and those advising them.