Announcements
DOLI COVID-19 Guidance
New CDC Guidelines for COVID-19
New CDC Guidelines are currently under review by the Virginia Department of Labor and Industry in collaboration with the Virginia Department of Health. The Department will be issuing an FAQ regarding how the new CDC guidance will impact enforcement.
Safety and Health Code Board Events
Revocation of the Virginia Standard 16VAC25-220
On March 21, 2022, the Virginia Safety and Health Codes Board adopted the final revocation of the Virginia Standard 16VAC25-220 for Infectious Disease Prevention of the SARS-CoV-2 Virus That Causes COVID-19 (“Virginia Standard”). The revocation will be effective upon publication in the Richmond Times-Dispatch, which is currently scheduled for March 23, 2022.
The Department’s Guidance Document on COVID-19 entitled: Guidance for Employers to Mitigate the Risk of COVID-19 to Workers will be published in the Virginia Register on March 28, 2022 (Volume 38:Issue 16) for a 30 day comment period in accordance with Va. Code § 2.2-4002.1.B. There will be a public comment forum starting on March 28, 2022 and ending April 27, 2022. Even if the Guidance Document later changes as a result of the public comment period, employers can rely upon the draft Guidance document in the interim.
Link to view Guidance Document: Guidance for Employers to Mitigate the Risk of COVID-19 to Workers
Archive of the Revised Virginia Standard for Infectious Disease Prevention of COVID-19
NEW! On March 21, 2022, the Virginia Safety and Health Codes Board adopted the final revocation of the Virginia Standard 16VAC25-220 for Infectious Disease Prevention of the SARS-CoV-2 Virus That Causes COVID-19 (“Virginia Standard”). The revocation will be effective upon publication in the Richmond Times-Dispatch, which is currently scheduled for March 23, 2022.
NOTE: Violations of the Virginia Standard, 16VAC25-220, remain subject to citation for VOSH inspections opened on or prior to March 22, 2022.
In response to the CDC’s Updated Guidance for Fully Vaccinated People issued on July 27, 2021, the Safety and Health Codes Board adopted amendments to the Virginia Standard on August 26, 2021.
For more information on the revised Virginia Standard for Infectious Disease Prevention, please click here.
For guidance on how to report Coronavirus cases see Reporting Positive Coronavirus Cases and for online reporting see the NEW! Online Reporting Link.
Please note, the Virginia Standard with an effective date of January 27, 2021, is no longer in effect. For further information see Archive of the Virginia COVID-19 Standard web page.
OSHA turns 50!
Federal OSHA turns 50! Learn more about the agency’s five decades of progress.
Notice of the Average Weekly Wage for 2022
Pursuant to Va. Code § 40.1-28.7:8, the term “Low-wage employee” as applied to covenants not to compete has been calculated by the Virginia Employment Commission to include all employees and independent contractors who earn an average of less than $1,290 per week.
Any employer who enters into, enforces, or threatens to enforce a covenant not to compete with any low-wage employee as defined by the statute will be in violation of the statute, and subject to a suit for damages, attorneys’ fees, and liquidated damages, and civil monetary penalties assessed by the Commissioner.
Additionally, the section contains a posting requirement for employers which advises, “Every employer shall post a copy of this section or a summary approved by the Department in the same location where other employee notices required by state or federal law are posted.” Posting a copy of the Code will meet the requirements for notice to employees required under the law.
2022 Minimum Wage Increase
Effective January 1, 2022 the Virginia Minimum Wage will Increase to $11.00 an Hour.
Virginia Overtime Wage law
July 1, 2021, the Virginia Overtime Wage Act, Va. Code § 40.1-29.2, goes into effect. This law requires employers in the Commonwealth to pay an overtime wage rate of one and a half times the regular rate for all hours worked in excess of 40 hours in a workweek.
Labor Laws as of May 1, 2021
On May 1, two new labor laws go into effect. First, the Virginia Minimum Wage will increase to $9.50 an hour. See the Minimum Wage Notice for details. Claims for violations of the law can be filed using these forms English or (en Español) . The Virginia Prevailing Wage Law, pertaining to public contracts with state agencies or participating localities, also goes into effect.