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3 new employment laws in Virginia

On Behalf of Hogan & Pritchard, PLLC | Apr 30, 2023 | Employment Law For Employers |

Employers in Virginia may want to review their policies and procedures regarding some new employment laws passed by the state’s legislature in March.

According to the Society for HR Management, Virginia legislators passed a variety of employment-based laws before closing last month, making a few changes regarding leave time, employee tracking and certain types of non-disclosure, or ND, agreements.

1. Employers cannot use SSN as employee identification

Virginia employers can no longer use an employee’s social security number as their employment ID, including the use of any SSN’s last four digits. In addition, Virginia employers cannot use any portion of an employee’s SSN on badges or any other ID cards. Employers who use this system currently must use an updated ID system.

2. Organ donation leave

Company owners who employ 50 or more individuals must allow their employees leave for organ donation for those employed for at least a year. Virginia employers must continue to pay medical insurance benefits and cannot treat the time used for organ donation surgery and/or recovery as a gap in an employee’s employment and allow them to return to their previous position without a pay cut or other penalties.

3. ND agreements cannot conceal sexual harassment claims

The new House Bill 1895 does not allow any Virginia employer to require an employee to sign an ND form in order to conceal a sexual harassment claim. This includes any ND form, even previous versions that require editing or renewing.

All three of these laws take effect July 1st, which gives employers ample time to update and amend their current employment policies.

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