Virginia’s employment landscape could soon be changing if its current governor signs into law new employment laws that could affect the rights of both employers and employees throughout the Commonwealth.

The proposed laws represent a commitment from government leaders to protect employees’ rights and ensure fair compensation and working conditions. In particular, Virginia Gov. Abigail Spanberger is expected to sign two new laws regarding paid sick leave and paid family and medical leave, in addition to a wage transparency and salary history bill, all of which would impact Virginia businesses and employees throughout the Commonwealth.

Paid Sick Leave

HB5 and SB199, identical bills, would amend Virginia’s paid sick leave law, expanding coverage to all public and private employees in the Commonwealth. Both bills would require employers, regardless of size, to provide employees with one hour of paid sick leave for every 30 hours worked, with an annual accrual cap of 40 hours, all of which could be used in the same year or carried over to the next.

Penalties for employers who violate the law, if it takes effect, include a civil penalty not to exceed $150 for the first violation, $300 for the second violation, and $500 for each successive violation, according to the bill. The Commissioner or Attorney General may commence administrative proceedings or bring a civil action to enforce the bill’s provisions. Additionally, the bill authorizes an aggrieved employee to bring a civil action against the employer in which he or she may recover double the amount of any unpaid sick leave and the amount of any actual damages suffered as the result of the employer’s violation.

If signed into law by the governor, the bills would take effect July 1, 2027.Paid Family and Medical Leave

The paid family and medical leave bills would establish a payroll-funded insurance program that would provide qualifying employees with up to 12 weeks of paid leave at 80% of their average weekly wages, and contributions would be split between employers and employees.

HB1207 and SB2 would require the Virginia Employment Commission to establish and administer a paid family and medical leave insurance program with benefits beginning January 1, 2029, according to the bill. Under the program, benefits are paid to covered individuals, for family and medical leave.

Funding for the program is provided through premiums assessed to employers and employees beginning July 1, 2028. The bill provides that the amount of a benefit is 80% of the employee’s average weekly wage, not to exceed 100% of the statewide average weekly wage, and this amount is required to be adjusted annually to reflect changes in the statewide average weekly wage. The bill caps the duration of paid leave at 12 weeks in any application year and provides self-employed individuals the option of participating in the program.

Wage Transparency and Salary History

Another employment-related bill awaiting the Virginia governor’s signature is SB215 and HB636 (identical bills), which would establish new restrictions on Virginia employers’ use of wage or salary history in hiring employees and negotiating their compensation.

If signed by the governor, the new law, according to the bill, would prohibit a prospective employer from:

• seeking the wage or salary history of a prospective employee;
• relying on the wage or salary history of a prospective employee in considering the employee for employment;
• relying on the wage or salary history of a prospective employee in determining the wages or salary of the prospective employee;
• refusing to interview, hire, employ, promote, or otherwise retaliate against a prospective employee for not providing wage or salary history or requesting a wage or salary range.
• failing or refusing to disclose in each public and internal posting for each job, promotion, transfer, or other employment opportunity the wage, salary, or wage or salary range; and
• failing to set a wage or salary range in good faith.

The bill also establishes a cause of action for an aggrieved current or prospective employee and provides that an employer that violates such prohibitions is liable to the aggrieved current or prospective employee for statutory damages between $1,000 and $10,000 or actual damages, whichever is greater, reasonable attorney fees and costs, and any other legal and equitable relief as may be appropriate.

Labor Laws in Virginia

Labor laws in Virginia and adjacent areas are constantly shifting, highlighting the need for skilled attorneys who can respond to any legal challenges employees and employers might face. At Tully Rinckey, our labor and employment lawyers have extensive experience across the Commonwealth of Virginia. They possess a deep understanding of sophisticated employment legislation that impacts both workers and businesses all throughout Virginia.

A knowledgeable employment attorney can help you gain an understanding of the unique difficulties each workplace conflict presents and work toward a solution that benefits you. Tully Rinckey attorneys have the experience to assist both employees and employers in achieving their objectives, regardless of the matter, which may include discrimination, harassment, retaliation, or any other claim involving worker rights or employer responsibilities. Call 8885294543 or contact us online today for a consultation and get an advocate who will fight for your rights and help secure your career and your future.

As Senior Counsel, Pamela Branch focuses her practice on federal employment law and employment law matters originating in the Commonwealth of Virginia. Pamela has extensive experience representing clients in federal administrative hearings before the U.S. EEOC and the Merit Systems Protection Board. She also has litigation experience in the Eastern District of Virginia, Richmond, and Norfolk Divisions. Pamela regularly represents Virginia clients in state agency grievances, local personnel Board hearings, unemployment hearings, and before the Virginia Board of Nursing, Medicine and Pharmacy.