Best Employment & Labor Lawyers in Virginia

About Employment & Labor Law in Virginia, United States

Employment and labor law in Virginia covers the legal relationship between employers and employees. It governs the rights, obligations, and protections for workers and companies within the state. These laws affect a wide range of topics including hiring and termination practices, workplace safety, wage and hour standards, anti-discrimination protections, and the rights of employees to unionize or engage in collective bargaining. Virginia operates under both federal protections, like those offered by the Fair Labor Standards Act (FLSA) and Title VII of the Civil Rights Act, as well as state laws unique to the Commonwealth.

Why You May Need a Lawyer

Many workplace situations can benefit from the guidance of a qualified employment or labor attorney. Some common scenarios include:

• Wrongful termination or illegal firing
• Discrimination or harassment based on race, gender, disability, age, or other protected categories
• Wage and hour disputes, such as unpaid overtime or minimum wage violations
• Retaliation after reporting a violation or participating in a workplace investigation
• Issues surrounding employment contracts, non-compete agreements, or severance packages
• Workplace safety concerns and whistleblower protections
• Family and medical leave rights
• Problems with benefits, pensions, or unemployment compensation
• Labor union interactions, collective bargaining, or unfair labor practices

Legal counsel can help ensure your rights are protected, advise you on your options, and represent you in negotiations or court proceedings.

Local Laws Overview

Virginia has its own set of employment and labor laws, some of which differ from or expand on federal protections. Notable aspects include:

• Virginia is an "employment at-will" state, which generally allows employers or employees to terminate the working relationship for any reason not prohibited by law.
• The Virginia Human Rights Act prohibits discrimination based on race, color, religion, national origin, sex, pregnancy, childbirth or related conditions, age (40 and older), marital status, disability, and status as a veteran.
• State minimum wage rates may differ from federal rates and are subject to periodic increases.
• There are strong prohibitions against workplace retaliation, especially after employees file complaints or participate in investigations.
• Virginia has laws regulating background checks, drug testing, and the use of criminal history in employment decisions.
• The Virginia Overtime Wage Act expands protections regarding overtime pay beyond federal law for certain employees.
• Beginning July 2020, Virginia adopted detailed anti-discrimination measures for LGBTQ workers.
• The Virginia Values Act offers broad anti-discrimination protections in employment, housing, and public accommodations.
• Different rules apply for public sector employees, collective bargaining, and union matters under Virginia law compared to private workplaces.

Frequently Asked Questions

What does "employment at-will" mean in Virginia?

Employment at-will means that either the employee or employer can terminate the job relationship at any time, for any reason, or for no reason at all, as long as it does not violate specific laws or contractual agreements.

What types of workplace discrimination are illegal in Virginia?

Discrimination based on race, color, religion, sex, pregnancy, national origin, age (if 40 or older), marital status, disability, veteran status, sexual orientation, and gender identity is prohibited in Virginia.

What is the minimum wage in Virginia?

As of 2024, the minimum wage in Virginia is 12 dollars per hour, although there may be exceptions based on the type of employment or employer. Minimum wage rates are subject to change, so it's important to check current laws or consult with a legal professional.

Am I entitled to overtime pay in Virginia?

Most non-exempt employees in Virginia are entitled to overtime pay at one and one-half times their regular rate for hours worked over 40 in a workweek, under the Virginia Overtime Wage Act and federal law.

What should I do if I believe I was wrongfully terminated?

Document any facts related to your termination. If you believe the firing was for an illegal reason, such as discrimination or retaliation, consider consulting an employment lawyer or contacting the Virginia Division of Human Rights.

Are non-compete agreements enforceable in Virginia?

Non-compete agreements are enforceable in Virginia, but only if they are narrowly drawn, are not overly restrictive, and protect a legitimate business interest. Recent changes have made non-compete clauses unenforceable for many low-wage employees.

What are my rights if I experience harassment at work?

Employees are protected from workplace harassment based on protected categories. You should report harassment according to your employer's policies and may also file a complaint with the Virginia Division of Human Rights or the Equal Employment Opportunity Commission (EEOC).

How can I file a wage or discrimination complaint?

Complaints can be filed with the Virginia Department of Labor and Industry for wage issues, or the Virginia Division of Human Rights or the EEOC for discrimination concerns.

Can my employer ask about my criminal history?

Virginia restricts some employers from asking about arrests or certain convictions during the hiring process, especially for public sector jobs. However, private employers may still ask, though how this information is used is regulated.

Do I have any rights to family or medical leave?

Virginia does not have a state family and medical leave law, but eligible employees are covered by the federal Family and Medical Leave Act (FMLA), which provides up to 12 weeks of unpaid leave for specified family and medical reasons.

Additional Resources

If you need information, referrals, or support regarding employment and labor law in Virginia, consider reaching out to these organizations and agencies:

• Virginia Department of Labor and Industry (VDOLI)
• Virginia Division of Human Rights
• Equal Employment Opportunity Commission (EEOC)
• U.S. Department of Labor
• Legal Aid Justice Center
• Virginia Employment Commission
• Local bar associations offering lawyer referral services

Next Steps

If you believe your rights have been violated or need legal advice about a workplace situation in Virginia, consider the following steps:

• Gather and organize relevant documents, such as pay stubs, contracts, written communications, and employee handbooks.
• Write down a detailed timeline of events relating to your issue.
• Contact an employment and labor attorney experienced in Virginia law to discuss your situation and legal options.
• Consult with relevant state or federal agencies if you have a specific complaint, such as unpaid wages or workplace discrimination.
• Consider using resources like local legal aid organizations if you are unable to afford private counsel.

Taking early action and seeking professional guidance can help you understand your rights, preserve your claims, and achieve the best possible outcome in your employment or labor matter.