Virginia Employment and Labor Law Updates 2023


December

There were no employment and/or labor bills that were enacted that were identified.


November

There were no employment and/or labor bills that were enacted that were identified.


October

There were no employment and/or labor bills that were enacted that were identified.


September

There were no employment and/or labor bills that were enacted that were identified.


August

There were no employment and/or labor bills that were enacted that were identified.


July

There were no employment and/or labor bills that were enacted that were identified.


June

There were no employment and/or labor bills that were enacted that were identified.


May

There were no employment and/or labor bills that were enacted that were identified.


April

Crime Victim Rights

Bill

House Bill 1943, Senate Bill 989 (2022-2023)

Summary

Relates to crime victim rights; relates to notification from the attorney for the Commonwealth; requires an attorney for the Commonwealth to consult with a crime victim in a felony case to inform the victim of the contents of a proposed plea agreement and obtain the victim’s views about the disposition of the case; provides that the victim shall be notified of any proceeding in which the plea agreement will be tendered to the court.

Enacted

04/12/2023

Effective Date

07/01/2023, 07/01/2030

Topics

Leave_laws: Court_appearance, Victim, Witness


Medical Cannabis Program

Bill

House Bill 1598, Senate Bill 788 (2022-2023)

Summary

Provides that a practitioner in the course of his professional practice may issue a written certification for the use of cannabis products for treatment or to alleviate the symptoms of any diagnosed condition or disease determined by the practitioner to benefit from such use; provides that no person shall operate a pharmaceutical processor or a cannabis dispensing facility without a permit from the Board of Pharmacy; provides for transition from the Board of Pharmacy to the Cannabis Control Authority.

Enacted

04/12/2023

Effective Date

07/01/2023, 01/01/2024, 07/01/2027

Topics

Employee_obligation: License; Employer_Obligations: Background_checks, Criminal_history;
Employment_relations: Prospective_employee; Industry: Marijuana; Prohibited_Practices: Medical_marijuana; Workplace_Behavior: Drug_testing


March

Crime Victim and Witness Rights Act

Bill

Senate Bill 1244 (2022-2023)

Summary

Relates to crime Victim and Witness Rights Act; relates to notifications to victims; relates to Attorney General; clarifies that, for the purposes of the Crime Victim and Witness Rights Act, the attorney for the Commonwealth includes the Attorney General when the Attorney General is instituting or conducting a criminal prosecution pursuant to the enumerated authority to institute or conduct such matter.

Enacted

03/26/2023

Effective Date

07/01/2023

Topics

Leave_laws: Victim, Witness


Worker Misclassification

Bill

Senate Bill 1354 (2022-2023)

Summary

Provides that whenever the Department of Taxation determines that an employer failed to properly classify an individual as an employee, the Department shall notify such employer of the determination; provides that this notification shall serve as an action by the Department with respect to debarment that allows the employer to apply for relief; relates to civil penalties.

Enacted

03/26/2023

Effective Date

07/01/2023

Topics

Claims_and_Penalties: Misclassification, Suspend; Employment_relations: Employee, Independent_contract


Worker Misclassification

Bill

House Bill 1684 (2022-2023)

Summary

Provides that whenever the Department of Taxation determines that an employer failed to properly classify an individual as an employee, the Department shall notify such employer of the determination; provides that this notification shall serve as an action by the Department with respect to debarment that allows the employer to apply for relief.

Enacted

03/26/2023

Effective Date

07/01/2023

Topics

Claims_and_Penalties: Misclassification, Suspend; Industry: Govt_contractor


Employee Protection

Bill

House Bill 1895 (2022-2023)

Summary

Provides that no employer shall require an employee or a prospective employee to execute or renew any provision in a nondisclosure or confidentiality agreement, including any provision relating to nondisparagement, that has the purpose or effect of concealing the details relating to a claim of sexual assault or a claim of sexual harassment as a condition of employment; provides that any such provision is against public policy and is void and unenforceable.

Enacted

03/26/2023

Effective Date

07/01/2023

Topics

Agreements: Confidentiality, Employment, Non-disclosure, Settlements; Claims_and_Penalties: Attorney_fees, Civil_action, Costs, Damages; Prohibited_Practices: Discrimination, Harassment, Retaliation, Whistleblower


Minimum Staffing Standards for Nursing Facilities

Bill

Senate Bill 1339 (2022-2023)

Summary

Relates to minimum staffing standards for certified nursing facilities; relates to administrative sanctions; provides that the State Health Commissioner may impose administrative sanctions on any certified nursing facility, if that certified nursing facility does not comply with regulations promulgated pursuant to minimum standards for nursing homes.

Enacted

03/24/2023

Effective Date

07/01/2023

Topics

Claims_and_Penalties: Administrative, Compliance_plan, Sanctions; Employment_relations: Staffing; Industry: Nursing_facilities


Staffing Standards For Certified Nursing Facilities

Bill

House Bill 1446 (2022-2023)

Summary

Relates to minimum staffing standards for certified nursing facilities; provides that the State Health Commissioner may impose administrative sanctions on any certified nursing facility, if that certified nursing facility does not comply with regulations regarding minimum standards for such facilities to ensure the environmental protection and the life safety of its patients, employees, and the public.

Enacted

03/24/2023

Effective Date

07/01/2023

Topics

Claims_and_Penalties: Administrative; Employment_relations: Staffing; Industry: Nursing_homes


Immunity of Persons at Public Hearing

Bill

Senate Bill 845 (2022-2023)

Summary

Provides for immunity of persons for statements made at public hearing or communicated to third party; specifies when a person shall be immune from tort liability, including but not limited to statements made by an employee against an employer where retaliatory action arising from such statements is prohibited; provides that such immunity shall not apply to ant statements that the declarant knew or should have known were false or were made with reckless disregard for whether they were false.

Enacted

03/24/2023

Effective Date

07/01/2023

Topics

Prohibited_Practices: Retaliation


State and Local Government Conflict of Interests Act

Bill

House Bill 2122 (2022-2023)

Summary

Relates to State and Local Government Conflict of Interests Act; relates to the Virginia Conflict of Interest and Ethics Advisory Council; provides for training for members of appointed school boards.

Enacted

03/23/2023

Effective Date

07/01/2023

Topics

Industry: Public_employer


Insurance Agents

Bill

House Bill 1886 (2022-2023)

Summary

Relates to insurance agents; relates to private family leave insurance; provides that limited lines life and health insurance shall not include life insurance, health insurance, property insurance, casualty insurance, private family leave insurance, and title insurance; provides that limited lines property and casualty insurance shall not include life insurance, health insurance, property insurance, casualty insurance, private family leave insurance, and title insurance.

Enacted

03/23/2023

Effective Date

07/01/2023

Topics

Leave_laws: Family, Medical


Toll Operators

Bill

Senate Bill 1473 (2022-2023)

Summary

Relates to toll operators and Department of Motor Vehicles records; provides that the specified information shall be considered privileged and unless otherwise provided shall not be released except under certain circumstances, including but not limited to personal information, driver information, defined as all data that relates to driver’s license status and driver activity, and special identification card information, defined as all data that relates to identification card status.

Enacted

03/23/2023

Effective Date

07/01/2023

Topics

Industry: Public_employer


Toll Operators

Bill

House Bill 2381 (2022-2023)

Summary

Relates to toll operators; relates to Department of Motor Vehicles records; authorizes toll facility operators to obtain from the Department of Motor Vehicles the email address or other electronic address of the owner of a vehicle that failed to pay a toll; provides that existing provisions require an invoice for an unpaid toll to be sent by first-class mail; contains technical amendments.

Enacted

03/23/2023

Effective Date

07/01/2023

Topics

Industry: Public_employer


Background Checks

Bill

House Bill 2342 (2022-2023)

Summary

Provides that every community services board shall require any applicant who accepts employment in any direct care position with the board and any person under contract to serve in a direct care position on behalf of the board to submit to fingerprinting and provide personal descriptive information to be forwarded through the Central Criminal Records Exchange to the Federal Bureau of Investigation (FBI) for the purpose of obtaining national criminal history record information regarding the applicant.

Enacted

03/22/2023

Effective Date

07/01/2023

Topics

Employer_Obligations: Background_checks, Criminal_history; Employment_relations: Prospective_employee; Industry: Child_services, Developmental_svcs, Mental_health_svc, Substance_abuse_srv


Individuals With Disabilities

Bill

Senate Bill 798 (2022-2023)

Summary

Relates to individuals with disabilities; relates to terminology; replaces various instances of the terms handicap, handicapped, and similar variations throughout the Code of Virginia with alternative terms, as appropriate in the statutory context, such as disability and impairment.

Enacted

03/22/2023

Effective Date

07/01/2023

Topics

Employment_relations: Disabled_employee


Individuals With Disabilities

Bill

House Bill 1450 (2022-2023)

Summary

Relates to individuals with disabilities; relates to terminology; replaces various instances of the terms handicap, handicapped, and similar variations throughout the Code of Virginia with alternative terms, as appropriate in the statutory context, such as disability and impairment.

Enacted

03/22/2023

Effective Date

07/01/2023

Topics

Employment_relations: Disabled_employee; Prohibited_Practices: Disability


Background Checks for Peer Recovery Specialists

Bill

House Bill 1525 (2022-2023)

Summary

Provides that where the employment at an adult substance abuse treatment program is as a peer recovery specialist, the Department of Behavioral Health and Developmental Services may hire any eligible person or who was convicted of any specified offense if the Department determines that the criminal behavior was substantially related to the person’s substance abuse or mental illness and that the person has been successfully rehabilitated and is not a risk to individuals receiving services.

Enacted

03/21/2023

Effective Date

07/01/2024

Topics

Industry: Public_employer


Department of Labor and Industry

Bill

Senate Bill 1126 (2022-2023)

Summary

Provides that if the Commissioner of Labor and Industry has reasonable cause to believe that an employer has failed to abate a violation for which a citation has been issued within the time period permitted for its abatement, a citation for failure to abate will be issued; provides that the Commissioner shall notify the employer by certified mail, by commercial delivery service with signed and dated acknowledgment of delivery, or by personal service of such failure and of the proposed penalty.

Enacted

03/21/2023

Effective Date

07/01/2023

Topics

Claims_and_Penalties: Administrative, Citation; Workplace_Behavior: Health, Safety


Department of Labor and Industry Disciplinary Actions

Bill

House Bill 2179 (2022-2023)

Summary

Provides that the Commissioner of Labor and Industry shall have the authority to propose civil penalties for violations; provides that after, or concurrent with, the issuance of a citation and order of abatement, and within a reasonable time after the termination of an investigation, the Commissioner shall notify the employer by certified mail, by commercial delivery service with signed and dated acknowledgment of delivery, or by personal service of the proposed penalty or that no penalty is being proposed.

Enacted

03/21/2023

Effective Date

07/01/2023

Topics

Claims_and_Penalties: Administrative, Citation; Workplace_Behavior: Health, Safety


February

There were no employment and/or labor bills that were enacted that were identified.


January

There were no employment and/or labor bills that were enacted that were identified.

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