Virginia Passes Four New Workplace Measures

Gov. Bob McDonnell (R) of Virginia recently signed four workplace bills into law, most of which are employer friendly.

Right to Vote by Secret Ballot

H 1385 provides that “(i)n any procedure providing for the designation, selection or authorization of a labor organization to represent employees, the right of an individual employee to vote by secret ballot in such a procedure is a fundamental right that shall be guaranteed from infringement.”

This law would essentially outlaw card check agreements in Virginia.

Release of Employee’s Personal Identifying Information

H 1931 provides that an employer may not be required, except in limited situations, to release, communicate, or distribute to any “third party” any current or former employee’s “personal identifying information,” defined as “home telephone number, mobile telephone number, email address, shift times or work schedule.”

The limited exceptions are for information that must be provided by applicable federal law that preempts the new law or any applicable state law, information that is ordered released by a court of competent jurisdiction, or information that is required by a warrant or a subpoena.

Thus, information that must be provided to a union under the National Labor Relations Act would still have to be furnished upon request.

Reporting New Hires

S 776 will require employers to report new hires to the Virginia New Hire Reporting Center, which will be operated under the Division of Child Support Enforcement, within 20 days of the commencement of employment. The Division will use the information to locate individuals for purposes of establishing paternity and establishing, modifying, and enforcing child support obligations.

Quarterly Payroll Reports for Recipients of State Funds

S 1320 provides that state agencies may require, as a condition of receiving any grant or other incentive based on employment goals, that a recipient company provide copies of quarterly payroll reports that have been furnished to the Virginia Employment Commission to verify the employment status of any position included in the employment goal.

Effective Dates

All four laws will become effective July 1, 2013.

If you have any questions about any of these laws, please contact the authors or any other member of the Arent Fox Labor & Employment Law Group.