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Labor Law: New Virginia employment laws require immediate attention from businesses to get into compliance | Business News

Other than certain agribusinesses, employers must provide all employees certain paystub disclosures.

Failure to properly pay wages can lead to fines, damages or jail.

Employers can be guilty of a Class 1 misdemeanor if the value of the wage earned and not paid is less than $10,000, and if it is a second offense or the value is $10,000 or more, the employer can be guilty of a Class 6 felony.

Businesses who violate the law also can be liable for liquidated damages, interest, and potentially a civil penalty of $1,000 per violation.

Employees also can bring an individual or collective action against the employer who fails to pay timely wages.

If there is a “knowing” violation by a company, the business can be liable for treble damages. Employees have three years to file a cause of action.

  • Possession of marijuana is legal in Virginia under certain circumstances.

Federal law still prohibits possession or use of marijuana. Employers who conduct drug testing need to determine their policy on marijuana use.

A separate Virginia law states that employers cannot discharge, discipline or discriminate against an employee for lawfully using “cannabis oil” as defined by law “pursuant to a valid written certification issued by a practitioner for the treatment or to eliminate the symptoms of the employee’s diagnosed condition or disease pursuant to” other provisions of Virginia law.