The importance of staying up to date on employment laws
Commentary

by Susanne Harris Carnel and
Emily J. Glendinning
for Virginia Business
November 2005

Virginia is widely regarded as a friendly place to do business. Even in the commonwealth, however, businesses need to be mindful that the state laws governing their day-to-day operations can pose unexpected problems, starting with their very first hire. For example, many Virginia employers do not know that they must provide information on each new employee to the Virginia New Hire Reporting Center within 20 days of hiring.

Employers also must take care when even their newest employees are absent for certain outside activities, including serving on a jury, providing testimony as a witness, or working as an election official. For instance, employees may not be required to use vacation or sick leave when they are absent for these reasons, effectively mandating that employers provide unpaid leave.

Virginia employers also need to be aware of the law prohibiting employers from withholding wages (except where required by law) without the employee’s prior written consent. This law precludes businesses from offsetting even legitimate debts — such as when an employer permits employees to purchase merchandise or incur personal expenses — from an employee’s paycheck. Employers routinely facing this situation should consider requiring employees to agree to such deductions in writing at the outset of their employment.

From time to time, companies must discipline and terminate employees, and this, too, can lead to legal confusion. Employees may demand to review their personnel files, leaving an employer wondering what to do.

Although some states give employees the right to inspect their files, there is no such requirement in Virginia. Employers, however, should note that Virginia has an anti-blacklisting law, which means that employers or supervisors who make unsubstantiated negative comments about former employees may face a criminal misdemeanor charge in addition to a potential defamation claim that could support punitive damages. That said, employers need not resort to refusing to provide references entirely, because the law specifically permits employers to offer honest assessments of a former employee’s work.

Finally, Virginia businesses should remember that employment law is constantly evolving. For instance, in recent years, Virginia law has been amended to prohibit discrimination based on genetic information and lactation and to repeal a law that allowed certain employees to take off either Saturday or Sunday. Looking forward, Virginia businesses could soon be subject to a new law on non-compete agreements if the General Assembly passes a bill introduced during the 2005 legislative session. Because of these constant changes, savvy employers should take steps to stay up to date on current employment law. It’s simply good business.

Susanne Harris Carnell and Emily J. Glendinning are associates in the Northern Virginia office of Hogan & Hartson LLP where they specialize in labor and employment law.