Bret G. Daniel* and Erin B. Edwards**, Annual Survey of Virginia Law Employment Law, 54 U. Rich. L. Rev. 103 (2019).
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Virginia has historically been regarded as an employer-friendly jurisdiction. However, in recent years, the Fourth Circuit Court of Appeals has issued an increasing number of opinions that tend to favor employees. With a state legislature largely reluctant to interfere in the employer-employee relationship, developments in employment law generally occur via Fourth Circuit jurisprudence. Given the predominance of federal employment law in Virginia, the following discussion regarding developments in this practice area focuses less on state statutes and courts, and more on decisions handed down from the federal bench.
This Article provides an update on recent developments in employment law in Virginia. It does not attempt to capture every change in the law, but instead focuses on significant developments in this arena. Part I of the Article discusses noteworthy shifts in Fourth Circuit jurisprudence regarding: the Equal Pay Act, Title VII of the Civil Rights Act, the Americans with Disabilities Act, and the Fair Labor Standards Act. Part II of the Article contains a brief update on state-specific statutory and case law developments regarding military leave, data privacy, employee access to personnel records, and Virginia’s unique flavor of wrongful termination—Bowman claims.
*Associate, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., Richmond, Virginia. J.D., 2017, University of Richmond School of Law; B.S., 2010, Florida State University.
** J.D. Candidate 2021, University of Virginia School of Law; M.Ed., 2015, Clemson University; B.S., 2013, University of Virginia’s College at Wise.