Thank you for downloading Agent 77 s STATE EMPLOYMENT REGULATIONS FOR VIRGINIA. This form is provided to you as is. As provided, we believe it meets the requirements needed for state compliance, as applicable, at the time you download it. Any substantive change to the contents of this document may result in potential legal liability for you and your company. Agent 77, Inc. accepts no liability or responsibility for any of our documents that have had the contents altered beyond simply filling in the appropriate blanks and/or replacing place holder text and adding your company logo and information. This document is provided to you with the understanding it is not a legal or accounting opinion and should not be construed as such, and that Agent 77, Inc. is not engaged in the business of rendering legal or accounting services. If you need specific advice on any legal or accounting issue, the services of a competent professional should be sought. Please see www.agent77.com/legal for more information. This and all documents downloaded from our website are Copyright 2005, 2006, 2007, 2008, 2009, 2010, 2013, 2014 Agent 77, Inc. Reminder: Agent 77 s license prohibits you from copying and distributing this STATE EMPLOYMENT REGULATIONS FOR VIRGINIA to anyone outside of your company. Doing so is a violation of this license and will result in the revocation of your subscription and/or prosecution under federal copyright laws as well as possible civil litigation. Please see www.agent77.com/legal for a copy of the current license agreement. Virginia_Regs
What s New 051205 Virginia continues to have no voting leave law, however, employees must now be granted time off and may not be penalized for taking time off to act as an election judge or official, provided he or she gives reasonable notice. 120505 Employees serving on a jury or as a witness for four or more hours in a day may not be required to report to work for a shift after 5:00 pm that day or before 3:00 am the following day 072407 Virginia minimum wage follows the federal minimum that was raised to $5.85 as of July 24, 2007. 072408 The Virginia minimum wage was raised to $6.55 per hour as of July 24, 2008 following the federal minimum wage. 072409 The Virginia minimum wage was raised to $7.25 per hour as of July 24, 2009 following the federal minimum wage. 082410 New sections added on Drug Testing, Smoking in the Workplace and Job Reference Liability 012413 - Changes were made to the following sections: Discrimination, Jury Duty and Crime Victim Leave, Military Leave, Smoking, Payment of Wages and Family Leave. The following sections were added: Breastfeeding and New Hire Reporting. 041013 - Changes were made to the following section: State Continuation of Benefits and Child Labor. 072213 - Changes were made to the following sections: Discrimination and New Hire Reporting. 041014 Changes were made to the following sections: Breastfeeding and Discrimination. Agency information was added. Virginia_Regs
Introduction Employment laws vary from state to state with some being more employee-friendly than others. Federal regulations set minimum standards of worker protections that all employers of a given size must meet. Individual states, however, are free to grant workers additional or expanded rights or protections above this federal minimum. Virtually all employers in the U.S. are subject to federal employment regulations. Only the smallest, strictly local employers are not subject to federal regulations. If an employer does any of the following, they are participating in interstate commerce and are subject to federal employment regulations: Production of goods for commerce, such as transportation or communication Use of mail over state lines Interstate communications using the telephone Use of the Internet over state lines Interstate communications using electronic mail Make purchases from out-of-state vendors Sell to customers in other states This summary of employment regulations does not include information for those few employers not subject to the federal minimum employment regulations. Many states have regulations for public employers that are different than those for employers in the private sector. This document also does not include information on regulations (federal and state) that apply only to public sector employers. In this document we summarize the workplace regulations and worker protections available in Virginia. Although not an exhaustive list, it covers the major topics small to mid-sized employers must deal with on a regular basis. Covered areas include: Wage, hour and overtime rules (including child labor and break rules); Leaves of absence (family leaves, voting time and jury duty); Discrimination and harassment regulations; and State rules on continuation of benefits. The federally mandated, but state run new-hire reporting requirements are covered under a separate document, available for download from Libretto or from the Agent 77 store. The following Quick View table summarizes these regulations. This is followed by a more detailed description of these regulations. Please be sure to read both carefully to understand your responsibilities under Virginia and federal law. Also, see the resources section below for reference websites and Libretto tools that can help you comply with these regulations. Virginia_Regs 1 of 10
QUICK VIEW OF STATE EMPLOYMENT REGULATIONS FOR VIRGINIA Topic Minimum Wage Overtime Payment of Wages Work Hours and Breaks Child Labor Family Leave Voting Time Virginia Regulation $7.25 / hour Tipped employees may be paid a minimum of $2.13 Some localities have a higher minimum Non-exempt employees must be paid at least 1.5 times their regular rate for hours worked over 40 in a given week Hourly employees must be paid at least bi-weekly or semi-monthly and salaried employees must be paid at least monthly Final paychecks must be delivered no later than the following payday Virginia has no break time rules, except for minors. Employers employing minors under 16 must keep an employment certificate on file (issued by Superintendent of Schools) Required 30-minute break for every 5 hours worked for minors 14 and 15 years of age Federal and Virginia law prohibit minors in certain occupations. See the U.S. Department of Labor and the Virginia Department of Labor and Industry for information on these prohibitions (contact information is in the reference section). See the details section below for restrictions on hours minors may work Recordkeeping requirements apply. Virginia has no separate Family Leave aside from the Federal Law outlined below Employers with 50 or more employees must grant up to 12 weeks of unpaid family medical leave to employees who have completed a year of service or 1250 hours Leave must be granted for birth or adoption of a child, serious medical condition of the employee, to care for a family member with a serious medical condition, qualifying exigency for family leave and illness/injury of covered service member for leave. Employee must be reinstated to same or equivalent position after completion of leave Benefits must be maintained during leave Virginia has no general voting time rules Employees serving as elections judges must be granted time off to serve, and may not be penalized for doing so, provided the employee gives reasonable notice to serve. Virginia_Regs 2 of 10
QUICK VIEW OF STATE EMPLOYMENT REGULATIONS FOR VIRGINIA Jury Duty and Crime Victim Leave Military Leave Drug Testing Job Reference Liability Breastfeeding New Hire Reporting Smoking in the Workplace Employers must grant leave for employees to serve on a jury, act as a witness or otherwise respond to a subpoena, but need not pay for the leave Employees may not be required to use annual, vacation or sick leave when attending jury duty or serving as a witness Employees serving on a jury or as a witness for four or more hours in a day may not be required to report to work for a shift after 5:00 pm that day or before 3:00 am the following day Employee must be reinstated to same position after completion of jury duty Employees who are victims, survivors of victims, or witnesses of crime will be provided with intercession services to minimize any loss of pay and other benefits resulting from court appearances and will be granted time off. The Federal Law is outlined below Employers must grant up to 5 years of military leave Employee must be reinstated to same or equivalent position after completion of military leave Employers may not terminate or threaten to terminate any employee called to military service Special benefit rules apply for military leave Virginia provides protection for members of the state National Guard, the state Defense Force and the naval militia. State government contractors must implement a drug-free workplace policy conforming to state regulations. School boards may also implement such a policy. Employers that implement drug-free workplace policy may also be eligible for a 5% discount on their insurance. Employers who give out information about current or former employees to a prospective employer are protected from civil suit, unless the information given is knowingly false. Employers are encouraged to provide break times and a private place for mothers breast feeding or expressing breast milk. A mother may not be prohibited from breastfeeding a child where the woman is otherwise allowed to be. Employers are required to report information about new hires/rehires within 20 days. Virginia prohibits smoking many public places (see below for details). Posting provisions apply. Virginia_Regs 3 of 10
QUICK VIEW OF STATE EMPLOYMENT REGULATIONS FOR VIRGINIA Discrimination and Harassment Continuation of Benefits Virginia prohibits employers from discriminating based on national origin, race or color, religion, age, marital status, physical or mental disability, sexual orientation and gender identity, genetic testing, membership in the military, use of tobacco products during non-working hours or sex (including sexual harassment, pregnancy, childbirth, and other pregnancy-related conditions) Details and contact information are listed below. Virginia_Regs 4 of 10
Wage, Hour and Overtime Rules Employers are subject to the federal minimum wage, hour and overtime rules through the Fair Labor Standards Act. This act specifies that businesses that do at least $500,000 in gross revenue, as well as all health care facilities and schools are subject to the federal rules. Also, employers involved in interstate commerce are subject to the federal rules. Minimum Wage Virginia minimum wage is $7.25 per hour. Employers may pay tipped employees a minimum of $2.13 per hour, provided that the total wages plus tips come to at least the minimum of $7.25 per hour. Be aware that certain local governments in Virginia have a higher minimum wage for employees in their jurisdictions. Be sure to contact your city or county government to see if there are any local minimum wage rules for your business. Finally, both federal and Virginia regulations allow employers to apply for licenses to pay sub-minimum wages to certain disabled persons. Please contact the U.S. Department of Labor or the Virginia Department of Labor and Industry for more information on applying for these licenses. (Contact information for both are listed in the reference section below.) Overtime Virginia has the same overtime rules as the federal government. That is, for any hours worked over 40 in a given week, non-exempt employees must be paid at least one and onehalf times their regular pay. Like the federal rules Virginia exempts certain employees from minimum wage and overtime rules. Excluded employee classes include: executive, administrative, professional, outside salespeople and computer professionals. (Use Libretto s FLSA Resource Package for help in determining whether a given employee is exempt). Virginia also permits exemptions for certain small employers not involved in interstate commerce. See the Virginia Department of Labor and Industry web site for a list of these exemptions. Payment of Wages Virginia law requires that hourly employees be paid at least bi-weekly or semi-monthly and salaried employees (except executives) be paid at least monthly. These regular pay periods must be established and published for all employees. Final paychecks must be delivered no later than payday following termination. Deductions from the final paycheck may not be made without the employee's written consent, unless required by law. Employers may not require employees to be paid electronically. Work Hours and Breaks Virginia has no break time rules, except for minors (see below). Child Labor Virginia child labor law requires all employers employing minors under the age of 16 to have work permits on file (issued by department of labor and industry). There are two kinds of employment certificates: work-training certification and vacation or part-time employment certificates. A vacation or part-time employment certificate permits the employment of a minor between 14 and 16 years of age only during school vacation periods or on days when school is not in session or outside school hours on school days. A work-training certificate Virginia_Regs 5 of 10
permits the employment of a child between 14 and 16 years of age during school hours when enrolled in a regular school work-training program pursuant to a written agreement. Both federal and Virginia law prohibits minors from working in hazardous or certain other occupations. Please contact the U.S. Department of Labor or the Virginia Department of Labor and Industry for more information on restricted occupations for minor employees. Employers who employ minors less than 16 years of age are subject to strict limits for hours worked per day and per week for their minor employees: 1. When school is in session, children 14 and 15 years of age may NOT work: During school hours, unless employment is part of a vocational training program; More than 3 hours per day on a school day; More than 8 hours per day on a non-school day, and More than 18 hours per week. 2. When school is NOT in session (including summer vacations and holidays), children under the age of 16 may NOT work. More than 8 hours per day; nor More than 40 hours per week. 3. Daily hours of work may not be before 7:00 AM or after 7:00 PM except between June 1st and Labor Day when working hours may be extended to 9:00 PM. Virginia law also requires that any minor 14 and 15 years of age working 5 or more continuous hours in a day be given a 30-minute break. Virginia has no work hour restrictions or break requirements for minors 16 and 17 years of age. Employers employing minors under the age of 16 must keep a time book or time cards or other appropriate records that show the beginning and ending time of work each day together with the amount of time designated as free-from-duty meal periods. Leaves of Absence Family Leave Employers with 50 or more employees must grant up to 12 weeks of unpaid family medical leave to employees who have completed a year of service or 1250 hours. This leave must be granted for the birth or adoption of a child, serious medical condition of the employee, to care for a family member with a serious medical condition, qualifying exigency for military leave and illness/injury of covered service member for leave. After completion of the leave the employee must be reinstated to the same or an equivalent position (as regards to salary, benefits and seniority). Also, benefits, such as health care coverage and retirement benefits, must be maintained during leave. Jury Duty and Crime Victim Leave Employers must provide leave for jury duty, to serve as a witness or otherwise respond to a summons, but need not pay for the leave. Employees must give reasonable notice of a need for time off for a court appearance. Employees may not be required to use annual, vacation or sick leave when attending jury duty or serving as a witness. Employers may not terminate or threaten to terminate any employee called to jury duty, and employees must be restored to their position within the company as if they had been on furlough. Employees Virginia_Regs 6 of 10
serving on a jury or as a witness for four or more hours in a day may not be required to report to work for a shift after 5:00 pm that day or before 3:00 am the following day. Employees who are covered by FLSA exemptions must be paid their full salary (minus jury duty stipend) or risk losing their exemption status. Employees who are victims, survivors of victims, or witnesses of crime are eligible for time off for court appearances. Employers may not terminate or threaten to terminate any employee exercising this right. Employers may not require employees to use sick or vacation leave for jury duty or court attendance leave. Following a crime, law-enforcement personnel will provide victims with a standardized form listing specific rights afforded to crime victim and will be provided with employer intercession services to minimize loss of pay and benefits resulting from court appearances. Employees must give reasonable notice of court appearances or summons. Military Leave Employees must be granted up to 5 years of military leave and must be restored to their position (or an equivalent position) within the company as if they had been on furlough. Also, employers may not terminate or threaten to terminate any employee called to military service, Please see Libretto s White Paper on USERRA for more details on military leave. Virginia provides that members of the state National Guard, the Virginia State Defense Force or the naval militia have the right to take leave without pay when called to active duty or military duty pursuant to federal law. Reinstatement privileges apply unless the cumulative length of all absences exceeds five (5) years. Employers may not force eligible employees to use of exhaust their vacation or other accrued leaves from their nongovernmental employment for a period of active service. Voting Time Virginia has no general voting time leave provisions. However, any employee acting as an election judge must be granted time off (and may not be required to use sick leave or vacation time), and may not be penalized for taking time off, provided he or she gave reasonable notice to the employer of such service. Also, if an employee serving four or more hours as an election judge, including travel time, may not be required to start a work shift on or after 5:00 p.m. on election day or before 3:00 a.m. on the day following the election. Other Employment Regulations Breastfeeding Notwithstanding any other provision of a law, a mother may not be prohibited from breastfeeding a child at any location where that woman is otherwise allowed to be, on property owned, leased or controlled by the state including places of employment. Break time for breastfeeding is encouraged and employers are encouraged to make a reasonable effort to provide a room or other location close to the work area, other than a toilet stall, where the employee can breastfeed or express milk in privacy. Such break time may run concurrently with break time already provided. Drug Testing State government contractors must implement a drug-free workplace program conforming to state law. School boards may implement a drug-free workplace program for school bus drivers. In addition, employers who implement a drug-free workplace program conforming to state law may qualify for a 5% discount on their insurance policy. Virginia_Regs 7 of 10
Job Reference Liability Employers who give out information about current or former employees professional conduct, reasons for separation and job performance, are protected from civil suit by the former employee, unless the information can be shown to be false or misleading, or was disclosed with reckless disregard of whether it false. Smoking in the Workplace Virginia prohibits smoking in many public spaces, including: elevators; school buses; public schools; day care centers (other than private homes); rest rooms of any state agency; rest rooms or the emergency room of health care institutions; and indoor service and cashier lines. Restaurants and bars must be non-smoking unless a separate smoking room is provided, with separate ventilation to the outside, preferably with a separate outside entrance (exceptions include outdoor areas, and facilities used strictly for private functions or private clubs). Non-smoking areas are required in all state and local government buildings, health care facilities, and all retail establishments with 15,000 or more square feet. "Smoking permitted" or "No Smoking" signs must be posted. New Hire Reporting Employers are required to report to the state, within 20 days of hire/rehire, the following information: Employee's name, address and SSN as well as the employer's name, address and FEIN and the date services for remuneration were first provided. The reports may be made on form W-4 or on the state's website. A newly hired employee is defined as an individual who1) has not previously been in the employment of the employer or 2) was previously in the employment of the employer but has been separated from such employment for at least 60 consecutive days. Discrimination and Harassment Virginia prohibits discrimination or harassment based on: National origin Race or color Religion Age Mental or physical disability Genetic testing/information Sexual orientation Gender identity Membership in the Virginia National Guard, Virginia State Defense Force or naval militia. Marital status, or Sex (including sexual harassment, pregnancy, childbirth, and other pregnancyrelated conditions) Use of tobacco products during non-working hours Additionally, employers with 15 or more employees are covered by GINA that prohibits discrimination based on genetic testing. Virginia_Regs 8 of 10
Informed consent must be obtained before an individual is tested for AIDS. Virginia has requirements for employment-related posters that can be located on state and federal websites. Whistleblowing is protected. State Continuation of Benefits Continuation coverage requirements apply to employers that provide group health insurance to employees. Eligible employees have the right to continue coverage for up to nine (9) months and are entitled to premium assistance pursuant to ARRA> The following information will provide further information about state law: http://www.dhrm.virginia.gov/hbenefits/cobra/cobrainformation.html/ Resources/Posters Virginia Department of Labor and Industry http://www.doli.virginia.gov/ United States Department of Labor http://www.dol.gov/ Virginia New Hire Reporting www.newhire-reporting.com/va.newhire/ Virginia Department of Human Resource Management http://www.dhrm.virginia.gov/ Related Libretto Products FLSA Resource Package (for help in determining overtime exempt / non-exempt status of employees) Overtime Guidelines Break Period Guidelines Family Medical Leave of Absence Policy Military Leave of Absence Policy Jury Duty-Witness Leave Policy Voting Time Policy Prohibited Harassment and Nondiscrimination Policy & Employee Acknowledgement COBRA Continuation Coverage Policy General Notice of COBRA Continuation Coverage Rights COBRA Continuation Coverage Election Information. Notice And Form New Hire Reporting for Virginia Drug & Alcohol Testing Policy & Release Forms Guidelines on Smoking In the Workplace Virginia_Regs 9 of 10
Guidelines on Verification of Employment and Providing References Virginia_Regs 10 of 10