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Examining Virginia’s New Employment Law Mandates and Developing Strategies for Compliance

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Produced on October 12, 2020

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Course Information

Time 1h 1m
Difficulty Intermediate
Topics covered in this course: Labor & Employment

Course Description

Virginia has historically been recognized as an employer-friendly jurisdiction. However, after the Democratic Party gained a political “trifecta” following the 2019 election cycle – where both houses of the state legislature and the governorship are now controlled by one political party -- the Commonwealth has enacted a series of new laws that have completely redefined the employment landscape. 

These new laws are designed to provide broad protections for employees and increase employers’ liabilities in Virginia, and include, inter alia:

·         Restrictions on covenants not to compete for low-wage workers;

·         Expansion of employment discrimination protections for LGBT and pregnant employees;

·         New private right of action and investigative authority regarding misclassification of workers as independent contractors; and

·         Stricter penalties for employers who commit wage violations. 

These new developments come on the heels of several other significant laws that took effect in 2019 and also imposed new obligations on Virginia employers.  The new laws relating to employee disclosure of pay, restrictions on confidentiality in cases of sexual assault, and employee access to personnel records. 

This course, presented by Joon Hwang and Melissa Harclerode of Littler Mendelson, P.C., the largest labor and employment firm globally, will examine this new wave of employment laws in Virginia, and explain the implications for both employers and employees, as well as best strategies to ensure compliance.


 
Learning Objectives:

  1. Examine this new wave of employment laws in Virginia

  2. Identify the potential implications for both employers and employees

  3. Develop strategies to ensure compliance with the new mandates


Credit Information

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Faculty

Melissa Harclerode

Littler Mendelson P.C.

Melissa Harclerode concentrates her practice on employee benefits, OSHA and employment law matters. Melissa’s practice includes broad experience representing employers and their fiduciaries in multiemployer withdrawal liability disputes, and all aspects of OSHA-related issues, ranging from OSHA’s informal public hearings on proposed rules to litigation defense against OSHA enforcement actions. Melissa’s practice also centers on defending employers in discrimination and retaliation, and wage and hour actions in federal and state courts. Melissa also counsels and advises employers in matters involving fiduciary duty, ERISA liability, and federal compliance. Prior to joining Littler, Melissa was an attorney at a federal agency where she gained detailed knowledge of federal and state regulations concerning employee benefits and defined benefit pension plans.


Professional and Community Affiliations

• Member, American Bar Association

• Member, Asian Pacific American Bar Association of the Greater Washington, D.C. Area


Education

J.D., University of Virginia School of Law, 2013

B.A., New York University, 2010  


Bar Admissions

Virginia

New York

Courts

U.S. District Court, Southern District of New York

Publications & Press

Virginia is the First State to Implement COVID-19 Emergency Standard

Littler ASAP

July 16, 2020 

The Next Normal: A Littler Interview with Dr. John Howard, Director of the National Institute for Occupational Safety and Health

Littler Insight

May 12, 2020

The Next Normal: A Littler Insight on Returning to Work – Safety, and Health

Littler Insight

April 22, 2020


Bureau of Labor Statistics Releases Census of Fatal Occupational Injuries Report

Littler ASAP
January 21, 2020

OSHA Collecting Final Input as it Considers Rule on Occupational Exposure to Beryllium in the Construction and Shipyard
Industries

Littler ASAP
January 13, 2020

Occupational Safety and Health Administration: 2019 in Review

Littler Insight
December 16, 2019

Occupational Safety and Health Administration Releases FY 2019 “Top 10” List

Littler ASAP
December 10, 2019

Occupational Safety and Health Administration Fall Semiannual Regulatory Agenda

Littler ASAP
December 2, 2019

WPI Labor Day Report 2019

Littler WPI Report
September 3, 2019

Speaking Engagements

Virginia is for Lovers ... of Employees? The Commonwealth Enacts New Laws that Expand Employee Protections and
Increase Employer Liability
May 19, 2020





Joon Hwang

Littler Mendelson P.C.

Joon Hwang represents employers in all aspects of labor and employment law. He has successfully defended clients in scores of complex, high profile individual, class, and collective actions; countless mediations and arbitration proceedings; and achieved exceptional outcomes in state, federal, and appellate courts as well as administrative agencies. A highly recognized and skilled litigator, Joon understands his clients' business objectives, and his pre-litigation and litigation strategies are designed to efficiently meet clients' business goals and minimize risks. Joon's practice resides in the Virginia, Washington, D.C., and Maryland region, but he has represented international, national, and regional clients across the country, including New York and California.  

Joon’s nationwide practice includes:

  • Employment discrimination, harassment, and retaliation
  • Whistleblower and retaliation investigations and litigation
  • Executive contracts and compensation
  • Noncompetition, nonsolicitation, and nondisclosure negotiation and litigation
  • Business torts, including defamation, breach of fiduciary duties, duties of loyalty, tortious interference, conspiracy, and other business competition issues
  • Equal pay audits and litigation
  • Independent contractor and contingent worker audits and litigation
  • Wage and hour, including defense of allegations of employee misclassification, off-the-clock work, meal and rest break violations, and compensable preliminary and postliminary activities
  • Private Attorneys General Act (PAGA) claims under California law

Joon works with a diverse range of clients in industries such as government contracting, consulting, technology, health care, transportation, construction, telecommunications, retail, insurance, staffing, higher education, and professional sports. His clients also include U.S. subsidiaries of multinational Korean conglomerates as well as emerging growth companies, start-ups, and entrepreneurs.

Joon is the Virginia liaison for Littler’s Workplace Policy Institute (WPI), which partners with employers to engage in legislative and regulatory advocacy efforts on issues that impact the workplace. Joon focuses on Virginia state legislative and regulatory developments in employment and labor law, as well as municipal ordinances and regulation of the workplace. He assists the employer community in understanding and impacting Virginia legislation before it becomes law. Joon has been published in a variety of publications, including Bloomberg Law and Society for Human Resource Management (SHRM), and routinely speaks on employment-related issues to businesses and human resource groups.

From 2016-2019, Joon served on Littler’s Diversity and Inclusion Council responsible for creating, implementing, and reviewing firmwide diversity and inclusion strategies, including enhancing the firm’s recruitment and retention of diverse attorneys, and creating pipelines in which lawyers from diverse backgrounds are promoted within the firm’s management and leadership tracks. He has also devoted substantial time to the success of Littler’s award-winning Career Advocacy Program (CAP), a signature diversity and inclusion initiative of the firm.

Previously, Joon was a judicial clerk to the Honorable James C. Fox of the U.S. District Court for the Eastern District of North Carolina.

Professional and Community Affiliations

• Executive Committee Member, Business Climate Executive Committee, Virginia Chamber of Commerce
• Co-Chair, Labor and Employment Committee, National Asian Pacific American Bar Association
• Member, Asian Pacific American Bar Association of the Greater Washington, D.C. Area
• Member, Asian Pacific American Bar Association of Virginia
• Member, Korean-American Bar Association for the Washington, D.C. Area
• Member, Labor and Employment Law Section, American Bar Association
• Member, Virginia Bar Association
• Member, Employment Law Section, Fairfax Bar Association

Education

J.D., University of North Carolina School of Law, 2010
B.A., University of North Carolina at Chapel Hill, 2004

Bar Admissions

Virginia
Maryland
District of Columbia
North Carolina

Courts

U.S. District Court, Eastern District of Virginia
U.S. District Court, Western District of Virginia
U.S. District Court, District of Columbia
U.S. District Court, Eastern District of North Carolina
U.S. District Court, Western District of North Carolina
U.S. Court of Appeals, 4th Circuit

Languages

Korean

Publications & Press

Littler Elevates 28 Attorneys to Shareholder
Littler Press Release
January 6, 2020

Delaware Enacts Law to Address Gender Pay Gap By Prohibiting Employers From Requesting Compensation History of Job
Applicants

Littler ASAP
June 19, 2017

Security Breach Notification Becomes More Complex For Employers

Littler Insight
April 24, 2017

Amorphous No More – Virginia Defines "Reasonable Notice" of Termination as "Effectual Notice" in the At-Will

Employment Context
Littler Insight
June 10, 2016

The Transformation of the Workplace Through Robotics, Artificial Intelligence, and Automation
Littler Report
August 4, 2016

Trendsetter or Outlier? Oregon Adds New Twist to Password Protection Laws
Littler ASAP
June 18, 2015

Va.: Password Protection Law Continues Trend Toward Increasing Protection of Personal Online Accounts
Society for Human Resource Management (SHRM)

April 1, 2015

Virginia's Password Protection Law Continues the Trend Toward Increasing Legislative Protection of Personal Online
Accounts

Littler Insight
March 30, 2015

U.S.'s Largest Nurses Union to Stage Nationwide Protests to Demand Tougher Ebola Safety Measures
Littler ASAP
October 31, 2014

Rhode Island Enacts New Legislation Prohibiting Employers' Access to Personal Online Content
Littler ASAP
August 4, 2014

Oklahoma and Louisiana Become the Latest States to Enact Social Media Password Protection Laws

Littler Insight
June 10, 2014

Tennessee Joins the Growing List of States Limiting Employers' Access to Personal Online Content

Littler Insight
May 13, 2014

New Jersey Becomes the Twelfth State to Enact Social Media Password Protection Legislation; Recent Amendment to

Illinois’ Law Benefits the Financial Services Sector
Littler Insight
September 4, 2013

D.C. Circuit Leaves Federal Motor Carrier Safety Administration's Hours of Service Rule Mostly Unchanged

Littler ASAP
August 8, 2013

Making Sense of the Complex Patchwork Created by Nearly One Dozen New Social Media Password Protection Laws
Bloomberg Law
July 2, 2013

Making Sense of the Complex Patchwork Created by Nearly One Dozen New Social Media Password Protection Laws
Littler Insight
July 2, 2013

Pennsylvania Supreme Court Upholds More Stringent Standard for Grant of Immunity Under Federal Health Care Quality
Improvement Act
Littler ASAP
May 13, 2013

Speaking Engagements

Virginia’s New Employment Law Mandates and What Employers Need to Know
August 4, 2020

Key Considerations for WARN Act Notice Obligations
The Institute for Workplace Equality Washington, D.C.
June 17, 2020

How to Handle Sick Employees in the COVID-19 Era
The Institute for Workplace Equality Washington, D.C.
May 28, 2020

Virginia is for Lovers ... of Employees? The Commonwealth Enacts New Laws that Expand Employee Protections and
Increase Employer Liability
May 19, 2020

Coronavirus Relief for Small Businesses – The CARES Act & Paycheck Protection Plan
National Asian Pacific American Bar Association

April 21, 2020

Employment Law and Coronavirus: An Update and Discussion

National Asian Pacific American Bar Association
March 26, 2020

Preparing Your Organization for 2019’s Employment Laws: Renewing Your Focus and Refining Your Approach
Labor & Employment Webinar Series – Littler Mendelson and BB&T

February 25, 2019

Navigating Ever-Evolving Times: Top Labor and Employment Issues Affecting the Workplace in the U.S. and Korea
International Association of Korean Lawyers (IAKL) Conference

September 14, 2018

Accurate and Defensible Job Descriptions for 2018: Refining Your Craft, Avoiding the Common Quandaries, and
Protecting Your Organization From Exposure

Center for Competitive Management (C4CM) Webinar
July 24, 2018

What’s New in Employment Law for 2018: Your Hotel’s Early Check-In

Asian American Hotel Owners Association (AAHOA)
February 7, 2018

New Year, New Focus: Preparing Your Organization for 2018's New Employment Laws
Labor & Employment Webinar Series – Littler Mendelson and BB&T
February 6, 2018

Best Practices for Conducting Effective Workplace Investigations: Legal Requirements and Practical Considerations
Labor & Employment Webinar Series – Littler Mendelson and BB&T

November 1, 2017

Effectively Handling Leave and Accommodations Under the ADA, FMLA, and Workers’ Compensation Laws
Virginia Society for Human Resource Management (SHRM) Conference

March 15, 2017

Conducting Internal Investigations: Facing New Challenges, Refining Your Techniques, and Avoiding the Common Pitfalls
Virginia Society for Human Resource Management (SHRM) Conference

March 14, 2017

Legally Terminating Employees on Leave: The Interplay of the FMLA, ADA, and Workers’ Compensation Laws
Center For Competitive Management (C4CM) Webinar

June 28, 2016
Navigating the FMLA and ADA Minefields

Labor & Employment Webinar Series – Littler Mendelson and BB&T

September 16, 2015

Writing Accurate & Defensible Job Descriptions that Comply with the FLSA, ADA, and FMLA
Center For Competitive Management (C4CM) Webinar
February 4, 2015

Privacy and Social Media in the Workplace

Labor & Employment Webinar Series - Littler Mendelson and BB&T
October 9, 2014

Books & Book Chapters

• Employment Discrimination Laws and Statutory Rights in Virginia, Chapters 1 and 3, The Mid-Atlantic Employer,
LexisNexis, chapter co-author, 2014-2015
• Employee Privacy Rights, Chapter 19, The National Employer, LexisNexis, contributing chapter author, 2014-2015
• Family and Medical Leave Act, Chapter 15, Employment Law in Virginia, Virginia CLE Publications, co-author,
2014-2016, 2019-2020





Reviews

RS
Robert S.

Outstanding!

JK
Joseph K.

Outstanding review of new labor laws.

KD
Kathleen D.

Great overview. Impressive.

PT
Paul T.

It's brand new law. I think the presenters did as well as they could all things considered

SB
Sheryl B.

Excellent information, thank you.

MF
Mark F.

very informative and well presented

SR
Scott R.

Thanks!

CC
Carrol C.

Very good presentation and speakers. A good comprehensive guide to all the changes in the law.

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