Virginia Employment Law Update — March 2019

Virginia

State Agencies and Breastfeeding

On March 14, 2019, Virginia Governor Ralph Northam signed legislation (H.B. 1916) requiring the Virginia Department of Human Resource Management to develop state personnel policies that provide break time for nursing mothers to express breast milk. These policies require an agency to provide nursing mothers with both:

  • A reasonable break time that, if possible, runs concurrently with any break time already provided, to express breast milk for a nursing child after childbirth and each time she needs to express the breast milk; and
  • A place, other than a bathroom, that is shielded from view and free from intrusion from co-workers and the public and that may be used by an employee to express breast milk.

The law is effective July 1, 2019.

Read VA H.B. 1916

Eliminated Exemptions to Minimum Wage

On March 8, 2019, Virginia Governor Ralph Northam signed legislation (S.B. 1079) revising the state’s exemptions to the minimum wage law. The law eliminates the exemptions to state minimum wage requirements for newsboys, shoe-shine boys, ushers, doormen, concession attendants, and cashiers in theaters. It also clarifies that the exemption for babysitters is only applicable to babysitters who worked fewer than 10 hours per week.

The law is effective July 1, 2019.

Read VA S.B. 1079

Nondisclosure or Confidentiality Agreements and Sexual Assault

On February 22, 2019, Virginia Governor Ralph Northam signed legislation (H.B. 1820) enacting a new law prohibiting employers from requiring an employee or a prospective employee to execute or renew any provision in a nondisclosure or confidentiality agreement that has the purpose or effect of concealing the details related to a claim of sexual assault as a condition of employment. Any such provision is against public policy and is void and unenforceable.

The law is effective July 1, 2019.

Read VA H.B. 1820