This is a sponsored column by attorneys John Berry and Kimberly Berry of Berry & Berry, PLLC, an employment and labor law firm located in Northern Virginia that specializes in federal employee, security clearance, retirement and private sector employee matters.
By John V. Berry, Esq.
An amendment approved by the Governor of Virginia in Virginia Code.
Requirements of the New Virginia Employment Law
Virginia Governor Ralph Northam approved an amendment and re-enactment of Virginia Code § 8.01-413.1. The new amendment requires Virginia employers to produce certain employment documents when they receive a written request from a current/former employee or employee’s attorney.
If the employer doesn’t comply, the Virginia statute awards potential damages to the employee if the employer fails to do so within the allotted timeframe. Since the amendment became effective on July 1, 2019, a number of Virginia employers are seeing an increase in requests for the applicable documents.
The Virginia amendment requires a Virginia employer to furnish employment records reflecting (1) dates of employment, (2) wages or salary, (2) job description and job title, and (4) any injuries sustained during the course of employment within 30 days of the receipt of a written request. An employer is not required to be a party to a suit for the statute to apply. That statute provides that:
Every employer shall, upon receipt of a written request from a current or former employee or employee’s attorney, furnish a copy of all records or papers retained by the employer in any format, reflecting (i) the employee’s dates of employment with the employer; (ii) the employee’s wages or salary during the employment; (iii) the employee’s job description and job title during the employment; and (iv) any injuries sustained by the employee during the course of the employment with the employer. Such records or papers shall be provided within 30 days of receipt of such a written request.
Before the new Virginia statute, employers were not required to produce such documents without a subpoena. If the Virginia employer cannot process the employee’s request within 30 days, the employer must notify them in writing. The Virginia employer will then have an additional 30 days to produce the records.
Pursuant to the Virginia statute, the employer can charge a reasonable fee for the copying of paper records and/or the retrieval of electronic records. Failure to comply with a written request can result in a subpoena and the award of damages against the employer, including the employee’s expenses for obtaining the copies, court costs and attorneys’ fees.
The bottom line is that the new statute in Virginia will help employees obtain copies of their employment records. If the employer does not comply, they will likely be responsible for significant fees.
If you need assistance with Virginia employment law issues, please contact our office at (703) 668-0070 or at www.berrylegal.com to schedule a consultation. Please also visit and like us on Facebook at www.facebook.com/BerryBerryPllc.
A new report says there are disparities between Fairfax County neighborhoods in health, income and other factors that affect residents’ quality of life (via Northern Virginia Health Foundation) In between…
AC Milan, the Italian soccer club, is opening a Virginia youth training academy in Tysons (courtesy AC Milan) A top-tier Italian soccer club is making a play for Tysons. AC…
Laura Schwartz is a licensed Realtor in VA and D.C. with McEnearney Associates in Vienna. You can follow Laura on Instagram at @LauraSchwartzRealtor or her Facebook page. Laura can be reached at 703-283-6120 or [email protected]. Did…
The Wedgewood Apartments and other properties owned by the Fairfax County Redevelopment and Housing Authority would be subject to the new relocation guidelines if redeveloped (via Google Maps) Fairfax County…