This mandate effects all posters for this specific state, requiring them to be REPLACED. Our All In One Poster keeps you compliant with one simple laid out poster.


Overview

Virginia Labor & Safety Updates – Effective NOW

  • Employer Action: Review compliance obligations and ensure all labor postings are current to avoid penalties.
  • Non-Compete Agreements: New amendment to § 40.1-28.7:8 restricts certain non-compete clauses.
  • VOSH Penalties: Updated penalty rates for workplace safety violations announced.

Poster Update Log: Virginia Poster Update

What Changed

  • Non-Compete Restrictions: Virginia’s new legislation strengthens protections for employees by limiting the use of non-compete agreements.
    • Coverage: Non-compete covenants are prohibited for employees earning less than the established compensation threshold.
    • Exceptions: Certain agreements, such as those protecting trade secrets or dealing with independent contractors, may still be valid.
    • Civil Penalty: Employers violating the law face civil fines and potential enforcement actions.
  • Updated VOSH Penalty Rates: VOSH revised penalty amounts in line with federal OSHA adjustments. Key changes include:
    • Serious & Other-Than-Serious Violations: Up to $16,287 per violation.
    • Failure to Abate: Up to $16,287 per day past the correction deadline.
    • Willful or Repeat Violations: Up to $162,849 per violation.
    • Criminal Penalties: In cases involving employee death, fines may exceed $70,000 and imprisonment may apply.

Key Details Employers Need to Know

  • Employers must review existing employment contracts and remove or revise any prohibited non-compete agreements.
  • Safety compliance programs should be updated to account for the new penalty structures, reducing the risk of costly violations.
  • Mandatory postings must reflect these updates to remain in compliance.

Where Can I Find More Information?

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