Back to the Drawing Board: New Rules Reshape Employment Policies and Contracts in Virginia

The legal landscape for Virginia employers has changed significantly once again. Employment counsel must understand the most-recent law and precedent to effectively advise clients, especially regarding employment, confidentiality, and severance agreements. The latest changes come from a variety of sources. Virginia recently enacted a new "Speak Out" statute restricting contractual provisions that limit employees' ability to communicate about instances of sexual assault or harassment. However, the new state law does not necessarily mirror federal law, resulting in several possible interpretations. Also, the National Labor Relations Board ("NLRB") issued a far-reaching decision in a case known as McLaren Mcomb limiting the use of confidentiality and non-disparagement provisions in contracts. Virginia also passed a new organ donation leave statute that interacts with Family Medical Leave Act in a unique way, and covered employers must understand how both state and federal law fit together to avoid violations.

Please join experienced management side counsel Brendan Horgan to discuss these new rules and how to best advise Virginia clients with compliance.

Learning Objectives:

1. Compare the new Virginia "Speak Out" law with the federal "Speak Out" law, and discuss the impact on employment contracts and policies
2. Analyze how the NLRB's decision in McLaren v. Macomb impacts confidentiality and non-disparagement provisions
3. Examine Virginia's new organ donation leave requirements
4. Identify other important changes regarding the rules for pregnant and nursing mothers, cannabis, and non-competition agreements