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Virginia State Employment Law

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Using the state of Virginia, analyze the employment laws specific to that state. In the document analyze why the state has a need for these laws, as well as how these laws coincide with and supplement the federal employment laws. Discuss at least one court case from that state where these laws have been challenged, and provide the outcome of the case. Finally, discuss whether and why you agree or not whether these laws are necessary in the state and why.

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The employment laws specific to the State of Virginia:
1. The Virginia Minimum Wage Act requires that employees must be paid at least bi-weekly. The method of payment may be cash, check, or direct deposit/payroll debit card provided the employee consents. The minimum wage in Virginia is $7.25. However, there are several exceptions and so the Federal minimum wage applies in most Virginia. The Federal minimum wages are also $7.25. In Virginia there are no overtime pay laws but the employer has to follow the Federal Fair Labor Standards Act. Under the Virginia labor law there is no provision for meal breaks unless the employee is under 16 years of age or the company policy gives break and lunch periods to all employees over the age of 16. The employees in Virginia can pay a lower hourly minimum wages if the employee receives tips. However, the hourly wage plus the tips must add up to at least the full minimum wage for each hour worked. If the earning is less, the employer has to make up the difference. In other words the employers can pay employees receiving tips an hourly wage of minimum wage rate minus tips received.

2. Virginia is a right to work state which means it has passed a right to work law (1). According to the federal National Labor Relation Act, allows unions and employers to compel all employees in a bargaining unit to pay dues or assessment to the union, regardless of whether they choose to be members of the union. The Federal law gives employers and unions the authority to bind even unwilling employees. The right to work law of Virginia bans employers and unions from compelling employees to pay dues or assessment if the employees chose not to do so. This law applies even if the union represents the bargaining unit of which the employees are members. This law challenges the authority of the union and employer to compel all employees in a designated bargaining unit to pay dues/assessment to the union. The Virginia right to work law counters the authority of the Federal National Labor Relations Act.

3. It is unlawful in Virginia to willfully and maliciously prevent or attempt to prevent by word or writing, directly or indirectly discharged employee who has left from obtaining employment with any other person. The implications of this law are that when a former employer is contacted for reference checks before a hiring decision is made, a negative account as to why the employee had to be fired cannot be given. The same Virginia law allows previous employers to make a truthful statement of the reason for such discharge, or truthful statement concerning the character, industry and ability of such person who has voluntarily left (2). However, the impact of the law is that employers have adopted the policy of providing only the employee's date of separation, rate of pay, and job title in response to reference enquiries. Prospective employers get little information in Virginia when they contact previous employers for information about an applicant.

4. The Virginia Wage Payment Act imposes restrictions on withholding wages from employees' paychecks. According to the Virginia law, an employer cannot withhold any part of the wages or salaries of any employee except for payroll, wage, or withholding taxes/or in accordance with law, without the prior written and signed authorization of the employee. The Virginia Wage Payment Act also requires that employers should ensure that the amount withheld ...

Solution Summary

The response provides you a structured explanation of Virginia State Employment Law. It also gives you the relevant references.

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