Overview of Employment Law in Virginia Beach
Employment law in Virginia Beach is governed by various federal and state legislation, as well as common law. Federal laws are applicable to all states, while state laws have both specific and overlapping provisions that apply to Virginia Beach.
The principal federal law dealing with wage and hour issues such as overtime payment and minimum wage is the Fair Labor Standards Act (FLSA). Under the FLSA, workers are entitled to a minimum wage of $7.25 per hour for all non-exempt work. The Virginia Minimum Wage Act also grants a right to a minimum wage, which includes over 40 hours of pay in a work week at a higher rate. The Act specifically excludes the following from protection:
Virginia has several statutes that support anti-discrimination in employment and also protect employees from retaliation. Like the FLSA, these laws include provisions that prevent an employer from retaliating against an employee for bringing a complaint or opposing a discriminatory action . These include Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Equal Pay Act, the Vietnam Era Veterans’ Readjustment Assistance Act, the Americans with Disabilities Act, and the Family Medical Leave Act. Virginians are protected against discrimination under Virginia Code section 40.1-5.1.
There are also anti-discrimination protections for state employees under Virginia Code section 9.1-304, the Virginia Human Rights Act, and the State Employee Grievance Procedure. These laws prohibit employers from discriminating based on age, sex, religion, national origin, pregnancy, childbirth or related medical conditions, and marital status. They also protect from retaliation an employee who makes a good faith complaint under any of these statutes, including the FLSA.
Employers must also abide by obligations to bargain collectively with a labor organization under the National Labor Relations Act. The Employee Polygraph Protection Act restricts employers’ abilities to give polygraph tests to employees.
The Importance of an Employment Law Attorney
Employers face an overwhelming amount of requirements by local, state and federal laws. There are deadlines, forms, filing and posting requirements aimed at monitoring equal opportunity, workplace discrimination, safety and health, collective bargaining, overtime pay and a host of other matters. A lack of knowledge or violation of any of these laws can mean being prosecuted by government agencies.
As a Virginia employer you need to have an employment law attorney to guide you through the maze of these laws. Sometimes that guidance is about best practices to avoid unnecessary legal entanglements, while other times it’s to assist an employer in having its positions validated by a jury.
There are always better and worse outcomes in lawsuits. While it may be impossible to say in advance, with the help of an employment law attorney, you can position your company and its case to achieve the best possible outcome in litigation. In some cases, that may mean knowing early in the process your risk and the cost-benefit of just moving on without litigation. In other cases, it’s having the wisdom to know when to file suit and when not to.
An employment law attorney can advise your business on how to comply with the myriad requirements under federal and state law, including wage and hour compliance, business ethics, government contracts, safety and health regulations, immigration laws, general contractor regulations, whistleblower statutes and many more.
If you are found to have violated labor laws, however, a good employment law attorney can also be invaluable to your bottom line:
• Protecting you when you face government agency inspections, investigations or sanctions
• When a violation is cited, advising you on how to correct it
• Defending you against unjustified citations and claims
• Representing you before the National Labor Relations Board in union negotiations
• Representing you in court or at the EEOC or Department of Fair Employment hearings
Even if you make every attempt to comply with all relevant laws, some employees will decide to file claims in court or with government agencies claiming violation of those same laws. Federal and state anti-discrimination and anti-reprisal laws, wage and hour laws, employee injuries and benefits, workplace safety, medical leave and other employer-employee disputes may lead to litigation, arbitration, mediation, EEOC or VEC complaints and other legal actions.
The stakes in employment lawsuits that can be brought against you by employees or former employees can run very high, so whatever it takes, you will want to protect yourself. Kidnap, embezzlement, workplace violence, theft, credit fraud, harassment and assault are examples of employee actions that can expose you to liability, especially if you are not prepared legally. These types of claims require a strong legal defense to protect your assets and business.
Having an employment law attorney who knows your business, how your company works internally and how to protect you from employees with hidden agendas can make the difference between keeping your business afloat and sinking.
For businesses that have been sued and lost, they may be faced with having to pay judgment, including the employee’s attorney’s fees. State and federal courts can award plaintiff’s attorney’s fees in addition to their damages. That means losing a lawsuit could put you on the hook for your employees’ legal bills as well as your own.
An employment law attorney with trial experience can save you money as he or she prepares your case and represents you or your business before a judge and jury. Your attorney can also save you the embarrassment of a loss. Your business reputation can be irreparably damaged by a verdict against you for illegal acts such as wrongful termination, retaliation, discrimination or violation of safety and health laws.
Sometimes the mere fact of having a lawyer contact your adversaries can make them back off and leave you in peace. The threat of a lawsuit on their part can be quickly neutralized by a letter from your attorney telling them that you have made an initial assessment of the situation and found that their position is weak and your legal rights strong. You may have to educate them about how the law applies to your situation and how your results may come down in your favor with a jury.
Traits of a Good Employment Law Lawyer
When seeking the best Virginia Beach employment law attorney for your case, it’s essential to know what qualities to look for. First and foremost, experience is paramount. An attorney who has significant experience in handling cases similar to yours will have a deeper understanding of the nuances of the law and the legal process. Additionally, specialization is key. An attorney who specializes in employment law will be more familiar with the specific issues and challenges that arise in these types of cases. Client testimonials and reviews are another important factor to consider. An attorney with positive reviews from previous clients is more likely to provide high-quality legal representation. Finally, communication skills are essential. An attorney who communicates clearly and effectively with you throughout the legal process will help ensure that you are well-informed and confident in the decisions you make along the way.
How to Select an Employment Law Lawyer in Virginia Beach
Finding the right employment lawyer in Virginia Beach can be a daunting task, especially for those who are already dealing with the stress of a workplace dispute. There are several factors to consider when selecting an employment attorney that can help ensure you have the best possible representation for your case.
Qualifications are key when choosing an employment lawyer. Make sure that they are licensed to practice law in Virginia and have relevant experience in employment law. It’s also a good idea to check whether they have won any notable awards or recognitions in the field. This helps ensure your attorney stays up-to-date with the latest regulations and trends in employment law in Virginia Beach.
An attorney’s case history is also indicative of their ability and effectiveness as a lawyer. Be sure to ask about their past cases and how they have handled similar disputes to yours. A lawyer with a strong track record of winning cases in their clients’ favor is a good sign that they will go the extra mile for you.
Availability for consultation is an important factor when choosing an employment lawyer in Virginia Beach. You want to work with someone who will take the time to understand your situation thoroughly. Some lawyers offer free initial consultations, making it easier for you to determine whether they are the right fit for your needs.
Finally, be sure to consider the fee structure for the employment attorney in Virginia Beach. Each lawyer has their own way of charging for services, including hourly billing, flat fees, or contingency fees. It’s important to know how much the lawyer will charge before agreeing to work together.
Common Employment Law Issues in Virginia Beach
Virginia Beach, like any other employment market, creates a fertile ground for common employment law disputes such as wrongful termination, wage disputes and wrongful termination practices, workplace discrimination, sexual harassment, drug-free workplace and accommodation laws and many others.
Employment agreements, from the simplest of contracts to collective bargaining agreements and sarbanes-oxley whistle blower protection agreements create more opportunity for disputes. Wage and hour disputes often arise when employers are not in compliance with overtime pay laws or misclassify employees as exempt from minimum wage or overtime requirements. The Virginia Wage Payment Act (VWPA) also provides a forum for claims of unpaid wages, with a statute of limitations of two years. Disputes involving other wage issues, such as commissions, bonuses, and tips, can be complicated and require litigation. Wage, commission, and compensation disputes may lead to wrongful discharge actions if there is evidence that the employer failed to pay a commission, failed to pay for all hours worked, or willfully withheld pay out of spite or retaliation.
Wage disputes are also often implicated in wrongful termination actions. If , for example, an employee is discharged due to taking a legally protected leave of absence or for refusing to work unpaid overtime, the employee may have a wrongful termination claim if he or she proves that the employer intended to prevent the employee from receiving his or her final amount of paycheck, regardless of the employer’s ostensible justification for the termination. There are anti-discrimination and retaliation laws applicable at both the federal and state level that make it unlawful for employers to discharge or refuse to hire any employee or applicant because of religion, race, sex, age, pregnancy, disability or national origin. Virginia state law defines employment discrimination and retaliation far more narrowly than federal law. In certain cases, employees may be able to bring claims against managers individually. Employment contracts may contain non-compete and/or non-solicitation agreements with your employer that are not legal nor enforceable even when you agreed to them when you started working for them. Virginia law provides very specific legal protections against harassment or bullying. This article is not intended as legal advice and is provided only for informational purposes.
The Legal Process: An Overview
The legal process for employment disputes in Virginia Beach varies depending on the nature of your claim and whether or not you were wrongfully terminated, discriminated against, or were the subject of an unlawful layoff. Often, employees will file a claim with the eeoc or Virginia Human Rights office before filing suit. The eeoc or Virginia Human Rights office will then conduct an investigation, which can take about six months to a year. If they determine that you have an actionable claim which would be worth taking to court, they will issue what’s known as a right to sue letter. In some cases, such as employment discrimination cases, you can only file suit once you obtain a right to sue letter.
They will also assist in the filing of what is known as a charge of discrimination, which is a prerequisite to filing a lawsuit under Title VII of the Civil Rights Act of 1964.
The discovery phase of litigation is the process by which the parties obtain evidence from one another to prepare for trial. The discovery period usually lasts up to a year by the time you file a request for documents. Parties can request documents, take depositions, and submit written questions to the other party which they must answer within 30 days.
Once discovery has closed, your attorney will file motions with the court, set pretrial conferences, and even engage in some settlement negotiations. As a last resort, your case will then go to trial. Most employment cases however are settled before the case goes to trial. The best way to avoid the litigation process and perhaps get more value for your claim is to bring in an attorney early on who can work to protect your rights and help you obtain a satisfactory settlement offer.
Employment Law Success Stories and Case Studies
Consider a recent case in Virginia Beach, in which an employee was trying to prove wrongful termination. The employee found us through a referral and explained the situation. Upon hearing the details, we were convinced there had been a violation of federal law, and we agreed to take her case. It turned out that the employee had reported several violations of company protocol and safety issues to her manager and the corporate office. We applied Virginia’s whistleblower law to her situation, and sure enough , it applied. Without an employment lawyer for her case, this violation could have been overlooked, but we had no doubt in taking it. We negotiated with the employer before even going to the first hearing, and it turned out we were able to get compensation for our client with the settlement. Not only was she made whole from lost wages, she got back pay, damages, attorney’s fees, and benefits, as well. In cases like this, an employment law attorney in Virginia Beach is invaluable for negotiating with the employer to reach a settlement.
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