Non-Compete Agreements in Virginia Non-compete agreements in the Commonwealth of Virginia have undergone a bit of a change since 2020. We represent employees in non-compete agreements with their former or soon-to-be-former employers.  A non-compete agreement is simply a contract where an employee or former employee agrees to a clause that bars competition with a former employer. If an individual violates the non-compete agreement or clause, there can be consequences or liability. As a result, it is very important to obtain legal advice before signing a non-compete agreement if an employe ..read more

By John V. Berry, www.berrylegal.com Virginia did not have its own overtime laws until recent approval of the Virginia Overtime Wage Act (“VOWA”), in Virginia House Bill 2063, signed on March 30, 2021 by Governor Ralph Northam. Before VOWA, those that sought unpaid overtime compensation had to previously rely on federal law through the Fair Labor Standards Act, known as FLSA.  While VOWA is similar to the FLSA, it increases costs and penalties (both civil and criminal) for Virginia employers that don’t pay required overtime to employees in a timely manner. Similar to the FLSA, V ..read more

By John V. Berry, www.berrylegal.com Virginia finally has passed new legislation that allows for public sector unions that can bargain for employee rights, their conditions of employment and enter into collective bargaining agreements. On May 1, 2021, Virginia’s new law, Virginia Code § 40.1-57.2, will take effect. This law completely changes the union movement in Virginia for public sector employees. Prior to the new law, counties, cities or towns were not allowed to recognize or negotiate with labor unions or associations representing their public sector employees. This new legislation ..read more

By John V. Berry, www.berrylegal.com New legislation has been passed in Virginia to protect employees from employers that do not pay wages that are owed.  If Virginia House Bill 123 is either signed by Governor Ralph Northam or not acted upon by April 11, 2020, employees will have new rights to pursue unpaid wages. Virginia House Bill 123 has been passed by both the Virginia House and Senate. The new law would create a new right to sue in the collection of unpaid wages in Virginia. Virginia House Bill 123 also allow employees the right to seek triple damages and other remedies. New Employer Da ..read more

By John V. Berry, Esq., www.berrylegal.com With the change in control of the Virginia House of Delegates and State Senate in November of 2019, there is an opportunity to modernize the employment laws in the Commonwealth of Virginia. While there are a number of other suggestions out there already regarding the raising wages, right to work laws and other wage-related issues, I think that there are also some less contentious fixes that could offer employees improved protections.  The following 3 suggestions would improve the workplace for Virginia employees. Three suggestions for the Virginia L ..read more

By John V. Berry, Esq., www.berrylegal.com Some states are moving to not only legalize marijuana but to also bar drug screening in employment for its use. For example, Nevada is one of these states. Beginning next year, most employers in the State of Nevada will not be able to turn down a job applicant solely for failing a marijuana drug test. This is the result of new state law, Nevada Assembly Bill 132, which will become effective on January 1, 2020. There is some discussion that a similar law will also be coming to Colorado and a number of other jurisdictions soon. Other jurisdictions such ..read more