Recent legislative action in Virginia will introduce an
increase in the minimum wage, expand state anti-discrimination laws
to include sexual orientation and gender identity discrimination,
and create new liabilities for misclassifying employees as
independent contractors.
The Virginia General Assembly took a number of
employee-favourable actions in its 2020 Session and its Reconvened
Session in April 2020, which will require employers to revise their
employment policies and procedures, including implementing a
gradual increase in the minimum wage, expanding state
anti-discrimination laws to include sexual orientation and gender
identity discrimination, and creating new employer liabilities for
misclassifying employees as independent contractors. In the most
striking change, the General Assembly amended the Virginia Human
Rights Act (VHRA) to now allow for a private right of action.
Accordingly, many employees will obtain new rights of action
against Virginia
